Prepared by and Return To: James L. Broughal, Esquire Broughal & DeVito, L.L.P. 38 West Market Street Bethlehem, PA 18018  Northampton County Parcel I.D. No(s):  M6 15 10K 0214-5 52 Highland Avenue, Hanover Township  DECLARATION OF COVENANT, AGREEMENT AND EASEMENT FOR  MAINTENANCE OF STORMWATER MANAGEMENT FACILITIES HANOVER TOWNSHIP,NORTHAMPTONS COUNTY,PA  52 HIGHLAND AVENUE  THIS DECLARATION OF COVENANT, AGREEMENT AND EASEMENT is made the 2/Slay of EPPVALI/2023, by and between INDIGO INVESTMENTS LLC, a Pennsylvania limited liability company, with an address of 52 Highland Avenue (hereinafter referred as "Declarant"), and the TOWNSHIP OF HANOVER, a municipal corporation organized and existing as a township oft the second class under the laws oft the Commonwealth of Pennsylvania and situate in the County of Northampton, Commonwealth of Pennsylvania  (hereinafter referred to as the Township").  WHEREAS, thel Declarant is the owner in fee simple ofa a certain tract ofl land, Northampton County Uniform Parcel L.D.#(s) M6 15 10K 0124 (hereinafter "Subject Premises") as set forth on a site plan (hereinafter "Plan"), the cover sheet of which is entitled "52 Highland Avenue Site Plan" dated February 16, 2022, as revised, prepared by Black Forest Engineering, LLC, with the Plan having been approved by the Hanover Township Board of Supervisors with certain conditions on February 14, 2023, and the record sheet(s) ofwhich Plan has been or is about to be recorded in the Office of the Recorder of] Deeds ofNorthampton County, Pennsylvania; and    WHEREAS, the lot shown on the Plan has been assigned the Northampton County Uniform Parcel Identifier Number which is set forth on Exhibit "A," attached hereto and made a  part hereof; and  WHEREAS, the Declarant has entered into a Site Plan Improvements Agreement, with the Township, which agreement has been or is about to be recorded Aereinafercolletively  referred to as ("Development Agreement"); and  WHEREAS, the Declarant proposes to locate, construct, install and maintain certain stormwater management facilities on the Subject Premises as shown on the Plan in accordance with the Plan and the Development Agreement (the "Stormwater Management Facilities"), and not to dedicate the Stormwater Management Facilities to the Township as public facilities; and WHEREAS, as a condition of obtaining final approval of the Plan from the Township, the Township has required that the Declarant execute and record this Declaration of Covenant, Agreement and Easement and the Basement Agreement in the Office of the Recorder of Deeds of Northampton County, Pennsylvania for the purpose of ensuring to the Township, inter alia, that: (1) the Stormwater Management Facilities are located, constructed, installed and maintained by the Declarant in accordance with the Plan and Development Agreement; (2) following the completion of the duties of the Declarant pursuant to the Plan and the Development Agreement the Stormwater Management Facilities are continually and perpetually maintained, repaired, refurbished, reconstructed, and replaced by the Declarant and any future owners of the fee simple interest in the Subject Premises ("Owner(s)") on which the Stormwater Management Facilities are located and shall continually and perpetually perform such maintenance, repair, refurbishment, reconstruction, and replacement of Stormwater Management Facilities, including but not limited to drainage swales, detention and retention basins,  2    stormwater piping systems, headwalls, inlet and outlet structures, and all structures and facilities appurtenant to the foregoing, as shown on the Plan and located on the Subject Premises, as may ber necessary or advisable in the opinion of the Township to ensure the structural integrity and the proper functioning thereof, and compliance with all federal, state, and local laws, rules, and regulations pertaining thereto. At no time shall the Stormwater Management Facilities be  removed or altered without thej prior written approval oft the Township.  NOW, THEREFORE, in consideration of the approval by the Township of the Plan, the Declarant, on behalf of the Declarant, and the successors and assigns oft the Declarant, including all future Owners hereby promises, covenants and agrees to and with the Township, its successors and assigns, to faithfully perform all the requirements set forth hereinafter, and does hereby bind the Declarant, the Owners, and the Subject Premises, to the faithful performance of  said requirements, to wit:  1. All "WHEREAS' clauses are incorporated herein by reference as if the same were  set forth here at length.  2. The Owners of the Subject Premises on which Stormwater Management Facilities are located shall continually and perpetually perform such maintenance, repair, refurbishment, reconstruction, and replacement of said facilities, including but not limited to drainage swales, detention and retention basins, stormwater piping systems, headwalls, inlet and outlet structures, and all structures and facilities appurtenant to the foregoing and all Best Management Practices ("BMPs) agreed to be performed by Owners, as shown on the Plan and located on the lands of the Owners, as may be necessary or advisable in the opinion of the Township to ensure the structural integrity and the proper functioning thereof, and compliance with all federal, state and local laws, rules, and regulations pertaining thereto. At no time shall the Stormwater  3    Management Facilities bei removed or altered in any manner without the prior written approval of  the' Township.  3. All Stormwater Management Facilities, and erosion and sedimentation control facilities, which because of construction activities, grading, stripping of vegetation, or any other reason, have been damaged or fail to function properly, shall be stabilized and reconstructed to approved design grades and specifications. Provided nothing herein shall be deemed to or have the effect of modifying, eliminating or affecting in any way Developer's right and entitlement to pursue recovery of any claims, damages, losses, costs, fees expenses, fines, penalties and/or other out-of-pocket monetary expenditures incurred or sustained by Developer, from any third party who/which is responsible, in whole or in part, for the incident, event or occurrence which  caused and/or resulted in the need for such stabilization and/or reconstruction.  4. All drainage swales, detention and/or retention basins, and other stormwater easements shown on the Plans shall be maintained in a grassed or otherwise improved condition, in accordance with the grades and designs shown on the Plan. All these easements shall be kept free of all obstructions, including but not limited to, such obstructions as fill, temporary or permanent structures, and plants (other than grass or other Township approved covers). Fences may be constructed within these easements, within the requirements of the ordinances of the Township (and pursuant to any other Township authorizations to Declarant, including any variances granted from Township Ordinances) provided that the fence is of a type and location that will not impede the flow of stormwater, and provided that the Owners shall remove such fence at the expense ofthe Owners and without compensation to the Owners if determined by the  Township to be necessary to allow work within the easement.  4    5. Whenever sedimentation is caused by stripping vegetation, grading or other earth moving activities, it shall be the responsibility of the Owners to remove the sedimentation from all adjoining surfaces, drainage systems and watercourses, and to repair any damage at the sole  expense oft the owners. 6.  INTENTIONALLYOMITTED.  7. The Owners shall make provisions for and be personally responsible for strict compliance with all of the foregoing covenants. Upon failure of the Owners to comply within the time period specified by written notice, or in the event the Township, in its sole and absolute discretion determines the work to be of an emergency nature, the Township may perform such work as may be necessary in its sole and absolute discretion to bring the Owners into compliance at the expense of the Owners and the owners shall be charged for said expense, plus a 20% surcharge for the Township' s administrative expenses, plus any costs expended by the Township (including reasonable attorney's fees) if a municipal lien or civil action or action in equity is  filed, which expense the Owners hereby agree to assume and pay.  8. The Owners hereby grant, bargain and sell to the Township, its successors and assigns, the Township Engineer, and such other persons as may be authorized by them to act on their behalf: (a)aright-of-way and easement on, over, across, under and through the land shown on the Plan for the purposes of inspecting the Stormwater Management Facilities, of curing any default by the Owners, and of exercising its rights under paragraph 5, supra; and (b) the free and uninterrupted use, liberty, and privilege of, and passage in and along, and to and from, the land for the foregoing purposes. Any activity or work performed by Township or its duly authorized agent affecting the operation or use of any Stormwater Management Facilities, shall not interfere with or interrupt the use or operation of the Subject Premises, and Township shall, and shall  5    cause its duly authorized agent, to exercise such rights in a manner that will minimize interference and inconvenience to the Owner or its tenants. Additionally, Township shall, except in the event of emergencies, endeavor to provide the Declarant forty-eight (48) hours written notice in advance of any access, activities and/or work which may reasonably be expected to interfere with the operation or use oft the Subject Premises by the Township or its duly authorized  agents.  9. The duties of Declarant or Owner under this agreement shall apply only during the period of ownership of the Subject Premises by such Declarant or Owner, and shall terminate upon the sale of the Subject Premises by such Declarant or Owner to a bona fide purchaser for value, or upon the assignment to a successor entity, who/which shall thereupon assume the duties of Declarant or Owner and be responsible for complying with the terms and conditions of this agreement; provided, nevertheless, that nothing contained herein shall be construed as relieving Declarant or Owner from liability for any default occurring during the period of ownership by  suchl Declarant or Owner.  10. Township agrees that any review, approval, discretion, opinion or judgment to be made by the Township and/or its duly authorized agent, including its Engineer and Solicitor shall  be reasonable.    IN WITNESS WHEREOF, the Declarant and the Township have executed this Declaration ofc Covenant, Agreement and Easement the day and year first above written.  WITNESS:  DECLARANT:  INDIGOI INVESTMENTS LLC  By:  By: Print Name: Title:_  MVY  MR  Print Name: Thomas Cramer A Title:_ Co-Ouney  1  sppena  ATTEST:  HANOVER TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA  By:  By:  Christina M. Thomas, Township Secretary  John N. pacegunnis Chairman of the Board of Supervisors  7    EXHIBIT "A"  NORTHAMPTON COUNTY UNIFORM PARCEL IDENTIFIER NUMBER(S)  M6 15 10K0214  8    COMMONWEALTHO OF PENNSYLVANIA COUNTY OF No2QmpIDn  ) ) SS: )  ON' THIS, the 21Sayo of RDLy 2023, before me, the undersigned officer, personally CKCNRIL-- himself/herself to be the POWAIC-NDOIMITMENTE LLC, and that as wall0-oWd/yas authorized to execute the foregoing instrument on behalfof INDIGO! INVESTMENTS LLC, for  the purposes therein contained.  IN WITNESS WHEREOF, Ihave hereunto set my hand and notarial seal.  Qoymaye  Commonweaitr ofF Pennsylvania- Notary Seal DENELIEL MOYLE- Notary Public horthamptont County MyCommissior Expires. January 24, 2026 Commissior Number 1413314  9    COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF Notthampton  ) )  On this  day of  2023, before me, a Notary Public, the  undersigned officer, personally appeared JOHNN. DIACOGIANNIS, who acknowledged himself to be the Chairman of the Board of Supervisors of Hanover Township, a municipal corporation and that he as Chairman, being duly authorized to do sO, executed the foregoing instrument for the purposes therein contained by signing the name oft the corporation by himself as Chairman. IN WITNESS WHEREOF, Ihave hereunto set my hand and official seal.  Notary Public    HANOVER TOWNSHIP, NORTHAMPTON COUNTY  RESOLUTION 2023-12  A RESOLUTION OF HANOVER TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA,  PERMITTING THE: DISPOSALOF MUNICIPAL ASSETS  WHEREAS, Hanover Township owns assets to perform the general operational functions ofa WHEREAS, from time to time these assets become expendable due to the cost of repair; and WHEREAS, the Township wishes to dispose of these assets with value, through posted public  municipal government; and  bidding, sealed bid, or auction for listed items; and  WHEREAS, the' Township wishes to properly dispose of property having value.  ITEMS Trailer  1997  American Rd  VIN: A9SC2435VM274007  NOWTHEREFORE, BE ITRESOLVED ANDITISIEREWITH RESOLVED, as follows:  SECTION1. All "whereas" clauses are incorporated herein by reference.  SECTION. II. The following is a list ofj property, with no value, that is to be properly disposed of: APPROVED AND ADOPTED as a Resolution of the Township of Hanover this 28TH day of  February 2023. ATTEST:  HANOVER TOWNSHIP BOARD OF SUPERVISORS  By:  By:  Christina M. Thomas, Secretary Board of Supervisors  John N. Diacogiannis, Chairman Board of Supervisors    MUNCIPAL   EASTON,  PENNSYLVANIA  EQST  BAND  P.O. Box 3882 EASTOM, PA 18043-3882 WWWASTOMBAMD.COM foyG 0)  ALBERT J. SHIMKUS, JR.. DIRECTOR DON KEMMERER, ASSISTANT DIRECTOR BOB SCHALLER, PPESIDENT/IREASURER  PERFORMANCE CONTRACT  1.)This is an agreement made this 22 day of February 2023, between the Easton Municipal Band ("EMB") and Hanover Township, Northampton County, Pennsylvania, ("Client"): for the 2.)1 Ini this agreement the Client promises to make payment to EMB $ 400.00 by check payable to. Easton Municipal Band immediately after the performance, or mailed to Easton 3.) Which will be at: Hanover Township Community Center known as the Venue. 5.)3 The performance will be from 2 pm to 4 pm with breaks, as necessary. 6.). Per Client's request, EMB will perform selections from the following musical genres  hiring ofEMB as independent contractors to perform al band concert. Municipal Band, P.O. Box 3882, Easton, PA 18043-3882. 4.). Date ofPerformance will be: April 22, 2023  (select all that apply): X Concert Literature X Stage/Screen  X Contemporary X Swing/Big Band  X Marches/Patriotic X Other bias to Sousal Marches  7.). EMB will arrive at the Venue no later than one hour prior to the performance time.  8.). EMB will provide its sound system. outstanding monies from the Client.  9.)This agreement commences as ofthe date above and shall continue ifl EMB is entitled to any IN WITNESS WHEREOF the parties hereto, each intending to be legally bound hereby, have  executed these presents the day and year first above written.  Easton Municipal Band Alan B. McFall, V.P.  Client Hanover Township  By  By  John N. Diacogiannis, Chairman BOS Print Full Name & Title 610.317.8701 recdirector@hanovertwp-cc.org Phone No. & Email. Address  610-704-8164 amelal@mltegal.com Phone No. & Email. Address    Prepared by and Return to: James L. Broughal, Esquire Broughal & DeVito, L.L.P. 38 West Market Street Bethlehem, PA 18018 (610) 865-3664  Northampton County ParcelL.D. Nos:  M6 1510K 0214-5 52 Highland Avenue, Hanover Township  SITEPLANMAINTIAANC: AGREEMENT HANOVER TOWNSHIP.NORTHAMPTON COUNTY  521 HIGHLAND AVENUE  THIS AGREEMENT, made this ink day of febrvay 2023, by and between HANOVER TOWNSHIP, a municipal corporation organized and existing under the laws of the  Commonwealth of Pennsylvania (hereinafter called "Township");  AND  INDICOINVESTMENIS, LLC, al Pennsylvania limited liability company with an address  of52) Highland Avenue, Bethlehem, Pennsylvania 18017 (hereinafter called "Owner").  WITNESSETH:  WHEREAS, the Township has approved a site plan known as "52 Highland Avenue Site Plan" (hereinafter called "Plan"); prepared by Black Forest Engineering, LLC, dated February 16,  2022, last revised December 12, 2022; and  WHEREAS, the Owner and Township entered into a Site Plan Improvements Agreement  (hereinafter called "Improvements Agreement") for the Plan; and    WHEREAS, pursuant to the terms ofthe Improvements Agreement, Owner is obligated to maintain certain municipal improvements (the Improvements") for a period of eighteen (18)  months from the date of written acceptance by the Township; and  WHEREAS, the parties hereto desire that the agreement for the maintenance of the  Improvements shall bei in writing.  NOW, THEREFORE, in consideration of the premises and the mutual promises and undertakings herein set forth and ini further consideration of the Township affixing its approval on a certain site plan presented by the Owner or Owners, and intending to be legally bound thereby,  for other good and valuable considerations, the parties agree as follows:  1. 2.  All "Whereas" clauses are incorporated herein by reference.  Owner hereby agrees to maintain, repair and refurbish in accordance with the  provisions of the Pennsylvania Municipalities Planning Code, Act 247 ("MPC") any and all ofthe Improvements for aj period of eighteen (18) months following the date of final written acceptance of the Improvements by the Township (the Maintenance Period"). Notification of acceptance of the Improvements shall be given by the Township to the Owner by certified mail return receipt  requested, countersigned by the Township Engineer.  3.  During the Maintenance Period, the Owner shall make such repairs and perform  such maintenance as may be necessary, in the sole and absolute discretion of the Township to correct, repair, refurbish, maintain and replace any or all ofthel Improvements and further to correct and reinstall any deficiencies in the Improvements which may arise during the Maintenance  Period. 4.  All of the aforesaid obligations of Owner are hereby undertaken at Owner's sole  cost and expense, and Owner agrees tol hold harmless and indemnify the Township from any and  2    all costs, expenses, claims and damages incurred by the Township because of the Owner's failure  to maintain the improvements.  5.  The Improvements shall be maintained in accordance with all Township  requirements and specifications, and conformity with this provision shall be determined solely by  the Township ori its duly authorized agent.  6.  Its shall be the duty of the Owner to notify the Township, in writing, ninety (90)  days prior to the expiration of the Maintenance Period that the Improvements are ready for  inspection by the Township.  7.  Prior to the expiration of a thirty (30) days period following written notification,  the Township shall notify, in writing, the Owner of those Improvements which need repairs,  modifications, corrections, or replacement.  8.  The Owner acknowledges and agrees that thel Maintenance Period shall be extended  to enable the Township to inspect Improvements and to require the Owner to repair and maintain the Improvements upon failure of the Owner to give any written notice as may be required by this  Agreement. 9.  In the event that repairs, modifications, corrections or replacement of the  Improvements are required pursuant to this Agreement, the term of the Maintenance Period and term of the security posted by the Owner to guarantee the maintenance of the Improvements shall be automatically extended until such time as all Improvements are finally accepted in writing, by  the Township.  10. A maintenance guarantee and/or security shall be provided to the Township in a form satisfactory to the Township and shall be in such amount as shall be approved by the  3    Township prior to the release of the security posted under the Improvements Agreement for  completion of the construction of the Improvements.  11. Nothing herein contained shall diminish the rights of the Township under any law  ora agreement insofar as they affect the Plan.  12. The parties hereto agree that the rule of contract law in the event of an ambiguity or problem of construction, the same will be resolved against the drafter of the instrument being  construed, is hereby waived.  13. This Agreement contains the entire understanding between and among the parties and supersedes any prior understandings: sandagreements: among them respecting the subjectmatter  oft this Agreement.  14. This Agreement shall be binding upon the heirs, executors, administrators,  successors and assigns of the parties hereto.  15. The parties hereto covenant, warrant and represent to each other good faith, reasonable cooperation, due diligence and honesty in fact in the performance ofa all obligations of the parties pursuant to this Agreement. All promises and covenants are mutual and dependent.  16. Failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of any provision or a waiver oft the  provision itself for any other provision.  17. Except as otherwise provided within this Agreement, neither party hereto may  transfer or assign this Agreement without the prior written consent oft the other party.  18. This Agreement shall be governed by and construed in accordance with the laws of  the Commonwealth of Pennsylvania.  4    19. In the event that a suit or action is brought by any party under this Agreement to enforce any ofits terms, or in any appeal therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorneys' fees to be fixed by the trial court, and/or appellate court.  20. Township agrees that any review, approval, discretion, opinion or judgment to be made by" Township and/or its duly authorized Agent, including its Engineer and Solicitor shall be  reasonable.  IN WITNESS WHEREOF, the parties have caused this document to be executed the day  and year first above written.  ATTEST:  HANOVER TOWNSHIP,  NORTHAMPTON COUNTY, PENNSYLVANIA  By:  By:  Christina M. Thomas, Secretary  John N. Dialoglannis Chairman oft the Board of Supervisors INDIGO INVESTMENTS LLC  WITNESS:  By:  By: Print Name! Title: coowher  A  Print] Name: Tom Cramer Title: co-owner  Chepella  SAAL  5    COMMONWEALTH OF PENNSYLVANIA COUNTY OF NOPMAQMpron )  ) )ss.  ONT THIS, the B2 EocualLo2s, before me, the undersigned officer, personally hnupuIz and acknowledged himselftol be the  COOWMLL  OCNDICOINVESIMENTS, and acknowledged that he as such  CON.MEmsomemeNN was authorized to execute the foregoing Agreement  on behalf OfINDIGO INVESTMENTS, for the purposes therein contained.  IN WITNESS WHEREOF, Ih have hereunto set my hand and notarial seal.  ug a maye  Commonweath DEMEIELMOYIE-Hoar" of Pennsylvania- Public Notarys Seal My Cormision Northampton Expires. County January 24, 2026 Cammissior Number 1413314  7    COMMONWEALTH OFI PENNSYLVANIA ) COUNTY OF Northampten  ) )  On this  day of  2023, before me, a Notary Public, the  undersigned officer, personally appeared. JOHNI N. DIACOGIANNIS, who acknowledged himself to be the Chairman of the Board of Supervisors of Hanover Township, a municipal corporation and that he as Chairman, being duly authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name oft the corporation by himself as Chairman. IN WITNESS WHEREOF, Ihave hereunto set my hand and official seal.  Notary Public    Prepared by and Return To: James L. Broughal, Esquire Broughal & DeVito, L.L.P. 38 West Market Street Bethlehem, PA 18018  Northampton County Parcel I.D. Nos:  M6 15 10K 0214 -5 52 Highland Avenue, Hanover Township  STETIAMINPROVNENIES AGREEMENT  52F HIGHLAND AVENUE  THISAGREEMENI, made this 17h day of Fzbuary 2023,bya and  between HANOVER TOWNSHIP, ai municipal corporation organized and existing under the Laws  ofthe Commonwealth of Pennsylvania (hereinafter called Township");  AND  INDIGOINVESIMENIS LLC,al Pennsylvania limited liability company, with an address of 52 Highland Avenue, Bethlehem, Pennsylvania 18017 (hereinafter called "Owner").  WITNESSETHE  WHEREAS, the Township ofl Hanover, Northampton County, Pennsylvania, is a second  class township; and  WHEREAS, pursuant to the powers granted second class townships under the Second Class Township Code, and the Pennsylvania Municipalities Planning Code, Act 247, as amended ("MPC"), the Township has adopted Subdivision Regulations and various other ordinances including the Hanover Township Zoning Ordinance, pertaining toi the regulation ofr non-residential  site developments in the Township; and  WHEREAS, the Owner desires to develop land in the Township in accordance with the Township Sitel Plan Regulations, and other various ordinances pertaining to the regulation ofl land development in the Township, including, but not limited to, the Township's. Zoning Ordinance.    NOW, THEREFORE, in consideration oft the premises and the mutual promises and undertakings herein set forth and ini further consideration oft the Board of Supervisors ofthe Township ("Board of Supervisors"): affixing its approval on a certain site plan presented by the Owner, and intending tol be legally bound hereby, for other good and valuable considerations, the  parties agree as follows:  FIRST: The Owner shall construct and/or install the improvements shown ont the  52 Highland Avenue Site Plan", prepared by Black Forrest Engineering, LLC, dated February 16, 2022, last revised December 12, 2022, which plan was approved conditionally by the Board of Supervisors on February 14, 2023. The improvements are more fully described in the site development plans ("Site Plan"), are: more specifically described in Exhibit "A,"attached hereto  and made aj part hereof( (the Improvements").  SECOND: All Improvements required under this Agreement shall be constructed: in  accordance with the' Township Site Plan Regulations, all other Township requirements and specifications, and all Northampton County and Commonwealth of] Pennsylvania requirements and specifications, including, but not limited to, the specifications which are: more: fully described. in Exhibit "B", which is attached hereto and made aj part hereof. Ifthere is any conflict between the Improvements as depicted and/or described in the Site Plan and the requirements, specifications, etc., the Improvements shall be constructed and/or installed as depicted and/or described on the Site  Plan.  THIRD: The Improvements more: fully described in Exhibit "A"required under this  Agreement shall be completed in accordance with the above-stated requirements within twelve (12)  months oft the date ofthis Agreement.  2    FOURTH: The' Township, ori its duly authorized agent, the Township Engineer,  shall bet the solej judge of whether thel Improvements have met all the requirements and specifications of the Township, Northampton County, and the Commonwealth ofPennsylvania.  The' Township, or its duly authorized agent, the' Township Engineer, shall be the sole  judge of whether all Improvements have been completed in accordance with said requirements and  specifications within twelve (12) months oft the date oft this Agreement.  FIFTH: To ensure compliance with the provisions oft this Agreement and, in  particular, that all Improvements meet Township, County and State requirements, and that the Improvements be completed within the time periods set forth inj paragraph THIRD", the Owner of the land which makes up the Subdivision Plan shall deliver to the Township an irrevocable letter of credit or other type ofs security in ai form approved by the' Township Solicitor ini the amount of SIXTY-FOUR THOUSAND ONE HUNDRED SEVENTY-FIVE AND 50/100 ($64,175,50) Dollars (the "Security"). The Security shall be restricted in use to the financing oft the installation of the Improvements called fori in this Agreement. Itis clearly understood that the' Township may, at any time within the time periods set forth inj paragraph THIRD, when ini its sole and absolute opinion the installation oft the Improvements are not progressing to the Township's satisfaction, draw upon the Security toi finance the installation of any and all oft the required Improvements provided that' Township shall first give Owner written notice of any deficiency inj progress and Owner shall have a reasonable opportunity to cure any such deficiency, which period shall not  exceed thirty (30) days.  SIXTH: Township building permits shall only be granted to the Owner oft the land  which makes up the site in accordance with the terms oft this. Agreement, but only after thej posting  and approval oft the Security required herein.  3    SEVENTH: Itisclearly understood that the' Township will make no improvements  int this site nor will they accept by dedication or otherwise any oft the: streets or roads, or right-of- ways, if any, contained in this site unless and until all requirements and specifications of the Township, as have been set forth in this Agreement, have been met by the Owner of the land which makes up said site. Iti is further understood that the Township will neither maintain nor keep the roads or streets of said site, ifany, clear of snow, ice, or debris unless and until all requirements and specifications of the' Township, as have been set forth in this Agreement, have been met by the  Owner ofthel land which makes up the Land (as hereinafter defined).  Itisi further understood that the Township will not be responsible to maintain or  correct any drainage problem or sewage problem, which might exist or arise on the Land.  EIGHTH: The Township, ori its duly authorized agent, the Township Engineer, shall  be the sole judge of whether or not the Owner has complied with the requirements and specifications of the' Township and shall determine, at its sole discretion and in accordance with the provisions of the MPC, whether or not the street(s), road/cartway system, drainage system, and sewage system or other Improvements should be approved and accepted by the Township, or other  appropriate Township governmental authority.  The Township Engineer shall inspect and approve in writing all ofthe  Improvements, as each: stage of construction is completed. A: schedule of the: stages is attached hereto and made aj part hereof as. Exhibit "B". The Owner shall not proceed to another stage of construction without the written approval of the Township Engineer, andi it shall be the responsibility of the Owner to notify the' Township Engineer in writing, or by email or facsimile transaction, when a stage of construction has been completed sO as to be ready fori inspection. Should the Owner fail to obtain written approval from the Township Engineer, which approval shall  4    not be unreasonably withheld or delayed, toj proceed to any stage ofc construction, then, int that event, said' Township Engineer may require, ift thel Improvements are noti in compliance with' Township standards, the Owner to tear out and: remove said Improvements and toj proceed again with its construction or order additional Security to be posted for the future repair and maintenance oft the Improvements. The course ofaction to be followed in all cases is to be determined solely by the Township Engineer. All reasonable and proper costs oft the inspections by the Township Engineer are tol bej paid for by the Owner, and the failure toj pay said costs shall be sufficient: reason and justification for withholding approval of said construction. The Township agrees to approve  releases ofthe Security in accordance with the MPC.  NINTH: Ifall Improvementsrequired under this Agreement have not been completed  ina accordance with the requirements set forth in this Agreement and within twelve (12) month period, then, in that event, the prior approval of the Site Plan by the Board of Supervisors and Planning Commission of the Township may be revoked, and the Owner or Owners of the land may resubmit their prior final site plan for approval to the Planning Commission and Board of Supervisors of the Township in accordance with the subdivision and zoning regulations then in force. In acting upon their submitted final site plan, the Board of Supervisors and Planning Commission of the Township shall apply the provisions, regulations, and requirements of the Township Subdivision and Zoning Regulations and Ordinances: in effect at the time oftheresubmission. Att the time ofthei resubmission, the Board of Supervisors and the Planning Commission may modify this Agreement and impose the acceptance of the modifications, ifa any, as a condition precedent to the re-approval oft the Site Plan.  TENTH: All reasonable and proper Township Engineering costs, including, but not  limited to, thei inspection ofthe Improvements, shall be paid by the Owner of the Land (as  hereinafter defined).  5    ELEVENTH: All reasonable and proper Township Solicitor (legal) costs, including,  but not limited to, the preparation of this Agreement, the preparation ofany deed or deeds and/or resolutions accepting the street system oft the site, if any, and any litigation arising out of Owner's failure to fulfill each and every obligation under this Agreement shall be paid by the Owner. ofthe  Land (as hereinafter defined).  TWELFTH: All recording fees, including, but not limited to, the recording ofthis  Agreement, deed or deeds of dedication, and/or resolution of street acceptance, if any, shall be paid  by the Owner oft the Land.  THIRTBENTH: The Owner certifies and represents to the Township, and the  Township hereby relies on said certification and representation, that said Owner has received proper legal advice and is aware oft the entire impact oft this. Agreement and further understands each and  every provision.  FOURTEENTH: The undersigned, herein designated as Owner, hereby certifies  that iti ist the Owner, and that no other person, partnership, corporation, business trust, or any other organization, has any interest pertaining to the premises which are the subject oft the within Agreement, and this representation is made with full knowledge that the Township will rely upon the same in accepting any evidence ini indebtedness of security as required herein.  FIFTEENTH: The Owner hereby agrees to enter into aj maintenance bond or othér  security in an amount equal toi fifteen percent (15%) oft the actual cost oft the Improvements called fori in thel MPC and in a Site Plan Improvements Agreement, in a form approved by the Township Solicitor and/or the Board of Supervisors, to guarantee that the Improvements listed ini this Site Plan Improvements Agreement shall be maintained for aj period of eighteen (18) months, as more: fully set forth int the Site. Plan Maintenance Agreement ("Maintenance Security") and in accordance with  6    the MPC. The Maintenance Security shall be furnished by the Owner and approved, as herein provided, prior to the Township releasing the Security obtained to secure the Improvements.  SIXTEENTH: Owner will make provisions for and be personally responsible for  removing all mud and debris from all vehicles and equipment leaving the property which is the subject of the Site Plan onto the Township street adjoining the area to be developed under this Agreement and shall remove any debris and litter which may: fall upon the Township streets from all vehicles and equipment. Ifthe same is not removed and properly washed down within twenty-four (24) hours after written notice from the Township to the Owner, then, in that event, said debris and litter shall be removed from the street by the Township at the Owner's expense and the Owner shall be billed for said expense, plus 20% surcharge for administrative expense, plus the costs expended by the Townshipifamtmicipal lien must bei filed, which expense the Owner hereby agrees to pay.  SEVENTEENTH: The Owner and the successors and assigns of the Owner shall be  solely responsible for any and all damage caused by the Owner, its agents, successors, or assigns in the development oft the land, which is the subject of the Site Plan (the "Land") and shall, ati its own expense repair any damage done to abutting property owners or their land because ofa any negligent act on thej part of the Owner, its agents, successors, or assigns in the development oft the Land. The Owner shall indemnify and save. harmless the' Township, its agents, and consultants, from and against all liability for or on account of any injury or damages received or sustained by any person or persons by reason of and to the extent of() any act or neglect oni the part oft the Owner, its agents, or employees; or (ii) the condition oft the Land; or (ii) the installation of any drainage facilities, or in consequence of any negligence in guarding the same, or as ai result of any alleged breach of any statutory duty or obligation on1 the part oft the Township, or of the employees ofthe  Township in respect to the condition of thel Land or guarding the same.  7    EIGHTEENTH: The Township will notify the Owner, upon receipt ofwritten  notice from the Owner, that all of the necessary Improvements to the land have been made, ofits decision regarding approval or rejection oft these Improvements, following the procedure outlined under Section 510oft the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. Section 10510, which is incorporated in this Agreement in total by  reference.  NINETEENTH: Time ofthe Essence. Time is agreed to be oft the essence oft this  Agreement.  TWENTIETH: Default. In the event the Owner defaults under the terms and  conditions of this Agreement, and the same: is not cured within thirty (30) days of written notice  from the Township, the following provisions shall apply:  a.  Right to Draw Upon Security. The Township shall have the right to draw upon the Security in accordance with its terms andi in such amounts as to enable the Township toc complete thel improvements. In addition, the Township shall havet therightt to bring an action at law or in equity against the Owner int the event the Security isi insufficient to enable Township to complete construction and installation of the Improvements following default. In the event of any such action, suit, or proceeding brought by the Township against the Owner for defaults hereunder, the Owner agrees to pay the Township's: sreasonable attorney fees and court costs incurred in such action as may be awarded by a court having jurisdiction over the parties and subject matter of such dispute. The Township's exercise ofits1 rights under the Security shall not bar it from pursuing its rights under this Agreement, the parties agreeing that the Township's  rights hereunder are cumulative and not exclusive.  8    b.  Confession of Judgment. In the event the Township draws upon the Security in accordance with its terms and this Agreement and the Township completes the Improvements at a cost in excess oft the amount of the Security, then, and under such circumstances, the Owner agrees to reimburse the Township upon demand for such deficiency. The Owner shall have thirty (30) days to pay any such deficiency to the Township. In the event Owner fails to pay such deficiency to the Township, as provided above, then, and under such circumstances, THE OWNER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS THE TOWNSHIP BY. ANY ATTORNEY OF ANY COURT OF RECORD OF PENNSYLVANIA AS ATTORNEY FOR THE OWNER TO APPEAR FOR AND CONFESS JUDGMENT AGAINST THE OWNER FOR THE AMOUNT OF SUCH DEFICIENCYFOR WICIANARIDAYTSONED BYANOFFICER OFTHE TOWNSHIP SETTING FORTHS SUCHAMOUNIS AS ARE THEN DUE SHALL BE PRIMA FACIA EVIDENCE, PLUS TEN PERCENT (10%) THEREOF BUT NOT LESS THAN ONE THOUSAND DOLLARS ($1,000.00) AS A REASONABLEATTORNEY FEE, WITH COSTS OF SUIT. SUCHAUTHORITY SHALL NOT BE EXHAUSTED BY ANY ONE EXERCISE THEREOF, BUT JUDGMENT MAY BE CONFESSED AS AFORESAID FROM TIME TO TIME AS OFTEN AS THERE IS A DEFICIENCY UNDER SUCH SECURITY PROVIDED,HOWEVER, THETOWNSHIP HAS GIVENTHEOWAERTHIRTY (30) DAYS' WRITTEN NOTICE OF SUCH DEFICIENCY AND DEMANDED PAYMENT WITHIN SUCHTHIRTY (30) DAYI PERIOD OF TIME.  9    C.  Certain Waivers and Releases. Ina any amicable action, suit, or proceeding brought by the Township under the provisions of paragraph 21(b) oft this Agreement, the Owner hereby releases and agrees to1 release Township from all errors and defects whatsoever ofaprocedural nature in entering such Confession of. Judgment ori in causing any Writ to be issued or inj proceeding on such Writ or concerning the same, provided that the Township shall have filed ins such action, suit, or proceeding, an. Affidavit ofan officer ofthe' Township setting forth the facts necessary to support the entry ofsuch. Judgment or the issuance ofs such Writ according to the terms ofthis Agreement, of which facts such Affidavit shall be prima facia evidence. Ifac copy oft this Agreement, verified by an officer oft the Township, shall be filed in such action, suit, or proceedings, it shall not bei necessary toi filei the original as a warrant ofa attorney, any rule of court, custom,  or practice tot the contrary notwithstanding.  TWENTY-FIRST The Americans With Disabilities. Act.  a.  The Owner acknowledges and agrees that, pursuant to federal regulations promulgated under the authority ofThe Americans With Disabilities Act, 28 C.F.R. 35.101 et seq., the Owner understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in this Agreement or from activities provided for under this Agreement. Asacondition of accepting and executing this Agreement, the Owner agrees to comply with the "General! Prohibitions Against Discrimination, , 28 C.F.R. 35.130, and all other regulations promulgated under Title II of The Americans With Disabilities Act which are applicable to the benefits, services, programs, and activities provided by the Township of Hanover, Northampton County, Pennsylvania, through agreements with outside contractors.  10    b.  The Owner agrees that all Improvements constructed pursuant tot this Agreement shall be constructed in accordance with terms and provisions ofTitles I,I II, and III ofThe Americans With Disabilities Act, 28 C.F.R.3 35.101 et seq., ifa applicable. The Owner shall be responsible for, and agrees to indemnify and hold harmless the TownshipofHanover, Northampton County, Pennsylvania, from, all losses, damages, expenses, claims, demands, suits, and actions brought by any party against the TownshipofHanover:, Northampton County, Pennsylvania, as ai result oft the Owner's  C.  failure to comply with the provisions oft this paragraph.  TWENTY-SECOND: All references herein to sections, subsections, paragraphs,  clauses, and other subdivisions of this Agreement, and the words "herein," "hereof," "hereby," "hereto,"" "hereunder,' " and words of similar import, refer toi this Agreement. as a whole and not to any particular sections, subsections, paragraphs, clauses, or other subdivisions hereof. This Agreement shall be deemed tol have been made under, and shall be governed by, the laws ofthe Commonwealth of] Pennsylvania in all respects, including matters of construction, validity, and  performance.  TWENTY-THIRD: Ifany provision oft this Agreement is prohibited by, ori is  unlawful or unenforceable under, any applicable law of any. jurisdiction, such provision shall, as to such jurisdiction, be ineffective tot the extent ofs such] prohibition without invalidating the remaining provisions hereof, provided, however, that any such prohibition in anyj jurisdiction shall not invalidate such provisions in any other jurisdiction; and provided further, that where the provisions ofany such applicable law may be waived by the parties to the: full extent permitted by law to the end that this Agreement shall be deemed to be a valid and binding Agreement in accordance with its  terms.  11    TWENTY-FOURTH: The Owner acknowledges that the' Township has and does  rely upon each and every term, paragraph, representation, covenant, warranty, and provision ofthis  Agreement as inducement to enter into this Agreement.  TWENTY-FIFTH: No delay or failure ofTownship in exercising any right, power,  orp privilege hereunder shall affect such right, power, or privilege, nor shall any single orj partial exercise thereof, or the exercise ofany other power, right, or privilege. Thei rights oft the Township under this Agreement are cumulative and not exclusive of any right or remedies which the  Township would otherwise have.  TWENTY-SIXTH: No waiver of any breach oft this Agreement by the' Township  shall constitute a continuing waiver or a waiver of any subsequent breach either oft the same or  another provision oft this Agreement.  TWENIY-SEVENTEE The place of execution, contract, and performance: is  mutually agreed tol bel Hanover Township, Northampton County, Pennsylvania.  TWENTY-EIGHTH All the understandings and agreements heretofore! had  between the parties hereto, are merged: in this Agreement, which alone fully and completely expresses their agreement, and this Agreement is entered into after full investigation, neither party relying upon any statement or representation not embodied in this contract made by the other.  TWENTY-NINTH The Owner agrees that the Superpave Wearing Surface roads  or] portions ofr roads to be dedicated to the' Township, if any, shall not bel laid until the Owneri is authorized, in writing, by the' Township or its duly authorized agent, said authorization to not be unreasonably withheld or delayed. Itis clearly understood that this provision in no way relieves the Owner from completion oft the Improvements within the time periods stated int this Agreement,  unless otherwise agreed to by the Township and the Owner.  12    THIRTIETH: This Agreement may not be amended, modified, altered, or changed  in any respect whatsoever, except by a further agreement in writing duly executed by the parties  hereto.  THIRTY-FIRST: Township agrees that any review, approval, discretion, opinion or  judgment to be made by the Township and/or its duly Authorized Agent, including its Engineer and  Solicitor shall be reasonable.  INY WITNESS WHEREOF, the parties have hereunto set their respective hands and seals  the day and date first above written.  ATTEST:  HANOVER TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA  By:  By:  Christina M. Thomas, Secretary  JohnN Diccogiannis Chairman oft the Board of Supervisors  WITNESS: By:  INDIGO INVESTMENTS LLC PAK Co-ownr  By: Print Title:_  Print Name: Tom C Title: Co-Ount  Cramt  Chpelha  13    COMMONWEALTHOPPENNSYLVANA COUNTYOF Nacthplon  ) )SS. )  ONTHIS, the 17ayo of february 2023, before me, the undersigned officer, personally appeared Sasse Chupella and acknowledged himselfto be the Co-auner ATRDICOIVASIMENILIC and acknowledged that he as such cOouner OfNDICOINVESIMIENTS LLC, was authorized to execute the foregoing Agreement on behalfofINDIGO INVESTMENTS LLC, for the purposes therein contained. IN WITNESS WHEREOF, Ihave hereunto set my hand and notarial seal.  AA Notary Public  Commonwealth DENELLELMOYLE- of Pennsylvania- Notary Public Notary Seai MyCommission Northampton Expires County January 24, 2026 Commissior Number 1413314  15    COMMONWEALTE OF PENNSYLVANIA ) COUNTY OF Morthampten  ) /  On this  day of  2023, before me, a Notary Public, the  undersigned officer, personally appeared JOHNN. DIACOGIANNIS, who acknowledged himself to be the Chairman of the Board of Supervisors of Hanover Township, a municipal corporation and that he as Chairman, being duly authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as Chairman. IN WITNESS WHEREOF, Ihave hereunto set my hand and official seal.  Notary Public    941 Marcon Boulevard Suite 801 Allentown, PA1 18109 Main: 8776 6273772 February 16, 2023 Johnj. Finnigan,Jr Township Manager Hanover Township 3630. Jacksonville Road Bethlehem, PA 18017  Colliers Engineering &D Design  Proposal for Geotechnical Support, Construction Quality Assurance (CQA),  and Special inspection Services Hanover Township Pool Hanover Township, Northampton County Bethlehem, Pennsylvania 18107 Colliers Engineering & Design Proposal No.:21002641B  Dear. Jay,  Colliers Engineering & Design, Inc. (CED), is pleased to submit this proposal to provide geotechnical engineering support, Construction Quality Assurance (CQA) and! Special Inspection: services for the new pool complex tol be located in Hanover Township, Northampton County, Pennsylvania. We understand the development includes a new pool, ancillary structures (pump house/restroom building, check-in/storage building, snack bar/lifeguard building), and related sitei features. As you are. aware, CED: served as the Geotechniçal Engineer to the Design Team, particularly with respect to the sinkhole stabilization issue, In accordance with our recommendations, a low mobility grouting program will be performed beneath the pool area to: stabilize the: subsurface profile and to mitigate This proposal summarizes our proposed scope of services for completion of the construction quality  the risk for loss of support due to potential karst activity (sinkholes). assurance testing and Special Inspections Services.  Project Approach and Staffing  CEDI is a consulting engineering firm that provides professional oversight and management for our construction observation, testing, and documentation services. Our local, Allentown project team will bel led by our Senior Project Manager (Ryan Walters, P.E.), who will be the direct point of contact for the Construction Manager and/or the Contractors to allow for efficient scheduling of our This proposal is based on staffing the project primarily with a Geotechnical Specialist during the execution of the Low Mobility Grouting (LMG) program. A! Senior Field Technician (SFT) will be assigned tot the project during the earthwork, foundation, cast-in-place concrete, and masonry phases of the project. This continuity will enable our SFT to become intimately familiar with the project plans and specifications, and to! become a valuable resource to the construction team,  activities,  Accelerating success.    Colliers Engineering &Design  Section I- Scope of Services  Our Scope of Services for materials testing and Special Inspections has been developed based on our review of the "New Hanover Township Municipal Pool" permit set by BKP, issued for bid on July We understand the Township's Engineer will observe and document the below; grade utility construction, including the related trench encasement and backfill activities. Therefore, these We request a minimum of 48-hours' notice (two business days) to schedule our personnel for field  15, 2022.  services are currently excluded from our Scope of Services.  activities.  Low Mobility Grouting (LMG) Program  CED will provide geotechnical consulting services and full-time field oversight of the LMG program. Our engineering staff will provide preconstruction consulting services on behalf of the Township, including attendance of various conference calls and preconstruction: meetings, as well as the review oft the: specialty contractor's LMG program design and submittals. In addition, our engineering staff will provide consulting services and attend site meetings as necessary during the program execution. Our Geotechnical Specialist will provide full time field oversight and documentation of the LMG program, as well as periodically obtain grout samples for compressive strength testing. CED will observe and document the placement and compaction off fill /b backfill beneath the proposed structures and behind the pool walls. Our Senior Field Technician (SFT) will perform appropriate soil testing to identify the effort of compaction and evaluate the construction procedures utilized. This testing will primarily consist of visual observations, conical-tipped hand probes, and proofrolling, with support testing using nuclear density gauge equipment, as deemed appropriate. Field testing will generally be performed as: specified and willl be intensified if the results show that the specified degree of compaction is not being achieved. Representative samples of proposed fill materials (whether on-site soils or imported borrow materials) will be analyzed in one of our soils laboratories for their suitability as load-bearing fill. These laboratory tests will consist of determinations of water content, sieve analyses, Atterberg limits (ifappropriate), and modified Proctor compaction tests. The laboratory testing will be conducted in accordance with applicable American Society for Testing and Materials (ASTM)  Earthwork  standards Subgrade Preparation  Prior to final grading, including the placement of aggregate base material, we will observe a proofroll oft the: subgrade for stability. During these operations, our SFT will delineate unstable/loose areas (if encountered) and provide recommendations for corrective actions. These corrective actions will generally consist of recompaction, undercutting and replacement, and/or the use of geosynthetics  orother stabilization measures.  Proposal No. 21002641B  February 16, 2023 Page2112    Colliers Engineering &[ Design  Reinforcing Steel  Before the placement of concrete at the site for the structures and pool, CED will observe and document the type and placement of steel reinforcement to verifyi its compliance with the appropriate details and/or approved shop drawings. The reinforcing steel will be reviewed for size, grade, cleanliness, bending, spacing, and concrete coverage. In addition, we will observe and  document the installation of anchor bolts. Cast-In-Place Concrete  CED will observe, test, and document the placement of cast-in-place concrete for pool shell (floor and walls), as well as fort the building footings and floor slabs, We understand concrete testing for exterior pavements/hardscape is not required. Our SFT will perform concrete testing (slump, temperature, unit weight, and air entrainment, as appropriate) during the placement operations. Observations will also be performed relative to concrete quality, workmanship, and placement techniques in accordance with ACI and. ASTM guidelines and the project specifications. Ina accordance with standard procedures, we will mold one set of samples for compressive strength testing per every 100 cubicy yards of each type of concrete placed each day. We propose to mold five 4x8 8-inch cylinders pers set of concrete in accordance with ASTM C3 39. Additional cylinders and/or After they! have been molded, concrete cylinders will be stored in a safe, environmentally controlled manner at the site ina accordance with ACI and ASTM guidelines. Once they have cured overnight, they will be transported to our laboratory to be cured until testing. The testing schedule for each five-sample: set will be one at7 days, three at 28 days, and one at 56 days (per ACI and ASTM  alternate break schedules, ifrequired, can be accommodated.  requirements),. Masonry  CED will perform periodic observation of the construction of interior/exterior CMU walls, including the placement of horizontal joint reinforcement, as well as any vertical reinforcement, to verify compliance with the project plans and: specifications. We will conduct periodic: sampling and testing, including fabrication of grout prisms and mortar cubes. We will also perform observations relative to  grouting procedures for lift height and consolidation.  Daily Field Reports  Our Special Inspection observations, measurements, and field test results will be documented by our personnel in Daily Field Reports (DFRS). Conditions that are contrary to project plans and specifications will be discussed verbally by our representative with the contractor in question at the time they are observed, These observations will be noted. in the DFRS, along with recommended After being reviewed by a professional engineer, thei final DFRS willl bei issued to the Ownership team, and other parties you designate (or posted to aj project website) within about one to two  corrective actions and the remedial work performed.  weeks after their origin. Proposal No.: 21002641B  Meetings and Engineering Consultation  February16, 2023 Page3/12    Colliers Engineering & Design  CED's Project Management and/or field staff will attend pre-construction meetings and periodic progress meetings, as appropriate. In addition, our staff will also be available to provide engineering support as necessary. Such services will be performed on at time and expense basis in accordance with the unit rates provided in the fees: section of this proposal. We have included al limited allowance for submittal reviews, as well as for attendance at construction meetings.  Schedule of Fees following unit rates; Task Name  We will perform the: specified: scope of services on al Time and Expense Basis in accordance with the  Fee  Geotechnical: Specialist /Field Engineer (FE) Ground Improvement Senior Field Technician (SFT) Certified Weld Inspector (CWI)  $90 per hour* $120 per OTH hour* $65 per hour* $100 per OT hour* $100 per hour*  Soils, Foundations, Concrete, Masonry, etc.  Structural Steel, Bolted and' Welded Connections (Visual Only) Engineering Consultation, Meetings, Site Visits, Submittal Review & Routine Project Management (Scheduling, Daily Field Report Review and  Distribution, etc.)  Senior Project Manager Principal Geotechnical Engineer Administrative  $200 per hour $300 per hour $100 per hour $75 per trip $22 per cylinder molded $22 per cylinder molded $22 pers sample molded $275 per sample $100 pers sample  Laboratory' Testing/Field qupmenuRemburabe Expenses Sample Pick Upa and" Transport Concrete Test Cylinders (4'x8)(ASTMC39) Grout Test Cylinders (3"x6") Grout/Mortar Cube( (2"x2"x2") or Prism (3"x6") Modified Proctor Testing (ASTM D 1557) Sieve Analysis (ASTM D4 422)  *The hourly rates shown above are inclusive of DFR preparation, travel time (from our local Allentown Office), and expenses, as well as vehicle and equipment usage, except as noted, Hourly overtime rates willl be charged for any weekday time in excess of 8hours per day; ort fora any weekend or holidayt time. Provided the project commences during 2023 and continues without interruption, CED commits to maintaining these unit rates through June of 2024. Otherwise, labor escalations may apply. If additional services become necessary, they would be performed in accordance with the unit rates  provided above, or in accordance with the Rate Schedule in effect at the time,  Proposal No. 21002641B  February16, 2023 Page4/12    Colliers Engineering &D Design  Estimated Budget  Using the field: staffing allowances outlined below and the unit rates provided above, we have developed at total estimated fee of $40,835.00 for our engineering support, Materials Testing and Special Inspections Services. This estimate is based on al LMG program duration of 25 days and our experience with: similar projects. Should the Contractor's project schedule become available, we can  update our assumed labor loading accordingly.  A. B.  Geotechnical Specialist Senior Field Technician (SFT)  $21,000 $8,840 $7,900  Assume a net of 251 ful-days @ 9 hrs per day Assume a net of12full-days @ 8 hrs per day Assume a netof10half-days @ 41 hrs per day Engineering Support, Meetings, Consultation, RPM, etc.  Allow 281 hours @ $200 Allow 51 hours @ $300 Allow 81 hours @ $100 Laboratory Testing & Reimbursables Assume 10: sample pickup & transportevents Assume 85 concrete/grout cylinders Assume 1 modified Proctor Assume 2 sieve tests Estimated Total Budget:  D.  $3,095  $40,835.00  NOTE: Only the effort required to complete each task will be charged to you. We will track this effort throughout the project. Ifi it appears that the efforti is exceeding our assumptions, we will advise you and discuss options for either reallocating our budget (if possible) or increasing our estimated budget. Instances necessitating al budget change might includei the following: Alengthening of the assumed labor loading/durations for the: specified tasks; Additional coverage in excess oft the provdedassumptions;  Overtime and/or weekend time; not meeting minimum: speciiedstandards;  Additional hours/days to complete the required tasks due to retesting as the result of contractor Aneed for additional field technicians during periods of peak activity (in excess of the provided Engineering consultation, meeting attendance, or site visits in excess of the budget allocations. CED assumes that access to the elevated areas will be provided by others for our use in thei form of al lift and operator or rolling scaffold system, which meets OSHA: safety requirements. If necessary, we canrent: such equipment for our own use for an additional fee. We also assume that our  assumptions); or,  personnel will be permitted to park on-site at no charge.  Proposal No.: 21002641B  February 16, 2023 Page5/12    Colliers Engineering &Design  If anyi items not specifically mentioned within this agreement are deemed necessary, CED may prepare an addendum to this agreement for your review, outlining the scope of additional services  and associated professional fees regarding the extra: services.  Business Terms and Conditions  CEDs services will be performed in accordance with Colliers Engineering & Design's Business Terms and Conditions contained in! Section Il of this Contract. Payment terms are NET30 of receipt of  invoice. Closing  Please recognize that with respect to the constructiona activities, CED shall not have control ofr nor be inc charge of, and shall not be responsible for, construction means, methods, sequences, procedures, orj job safety. CED shall not be responsible for Contractor's failure to perform worki in accordance with the Contract Documents. CED: shall, nonetheless, exercise reasonable care and diligence in discovering and reporting defects and deficiencies in the Contractor's work to the Contractor, the Construction Manager, and/or the Owner's representative when performing field observations. CED: spends considerable efforti in research and development of an appropriate Scope of Services that is tailored to the specific needs of the client and project. Consequently, the technical and pricing information contained in this proposal submitted by CED, as well as any subsequent Agreement, is confidential and proprietary. Hanover Township, or their affiliates shall not release such information or otherwise make it available to any third-party without express written consent of CED.  Proposal No, 21002641B  February 16, 2023 Page6/12    Colliers Engineering &Design  Section II - Business Terms and Conditions  Colliers Engineering: & Design agreest to provide professional: services undert the followingt terms and conditions;  The term Clientr referenced! hereini ist the person, persons, corporation, partnership, or organization referencedi int the proposal between Colliers Services not set forthi int the Scope of Services, are excluded from the Scope of Services, and Colliers Engineering & Design willa assume no responsibility to perform: suchs services undert the base contract. Ins situations where av written contract isr not executed orv where additional services becomes necessary duringt the course oft the project, Colliers Engineering & Design may provide such: services using our Technical: Staff Hourly Rate Schedule ine effecta att the time ofs services, The! hourly rates! listedi inc our Technical Staff Hourly Rate Schedulea are adjusted: semi- Sincet there ares substantial costs tos stop andr restartap project oncei itis underway, shoulda a project's progress bel halteda ata anyt time byt the client, for any reason, Colliers Engineering & Design reserves the rightt to charge a restart fee and/or tor renegotiatet ther remaining fees within the These Business Terms and Conditions are applicable for anya additional professional: services rendered for this project including, but not limited Inp performings services, we agreet to exercise professional judgment, made ont the basis oft the information. available tou us, andt to use the same degree of care ands skill ordinarily exercisedi ins similar circumstances. and conditions byr reputable consultants performing comparable: services in thes samel locality. This standard of care shall bej judged as oft thet time the services are rendered, and nota according tol later standards. Reasonable people may disagree on matters involving professional judgment and, accordingly, a difference of opinion on a question of professional) judgment shall not excuse a Client from paying fors services rendered. NO OTHERI REPRESENTATION OR WARRANTY, EXPRESSED OR Colliers Engineering & Design bills its Clients on a monthly basis using a: standard invoice format. This format provides for a description of services performed. anda as summary of professional fees, expenses, and other charges. For more detailed invoicing requests, Colliers Engineering & Design reserves ther right to charge fori invoice preparation time bys staff members. Monthlyi invoices will be submitted basedi upon percentage ofs services completed andr reimbursable expenses. Any comments ore discrepancies, relative to invoices shall bes submitted in writing within thirty For professional: services billed on an! hourly! basis, Colliers Engineering & Design reserves the right toi invoice all overtime services performed by oure employees using our Techniçal Staff Hourly Rate Schedule ine effecta att the time ofs services at ONE AND ONE-HALFTIMES our standard! hourly Expenses incurred for services, equipment, and facilities not furnished by Colliers Engineering & Design are charged to the Client at cost plus an Clients shall pay Colliers Engineering & Design for reimbursable expenses, including, but not limitedt to, application fees, printing and reproduction, mileage, courier ande express delivery service, special/overnight mailings, facsimile transmissions, specialized equipment and laboratory charges, ando costs ofa acquiring materials specificallyf for the Client. Reimbursable charges will be added to eachi monthly invoice and Colliers Engineering & Design! bills arej payable inf fulll UPON RECEIPT andj payment is expected within thirty (30) days. We reserve the rightto assess al late charge of 1.5p percent per month for any amounts not paidv within 45 days oft thel billing date. Int the event paymenti is not made according to thet terms and conditions! herein, the matter may proceed to a collections agency ort toa ana attorney for collection. Clients shall be responsible forf fees charged! by the collections agency and/or attorney's fees incurred to collect the monies owed. Should ther matter proceed to Ina addition, where payment isr noti receivedi ina accordance witht thet terms oft this contract, Colliers Engineering & Design reserves the right to withdraw any applications tot federal, state, orl local regulatory agencies/ /boardsf filed on! behalf oft the client with theu understanding that these applications: are the property of Colliers Engineering & Design. Colliers Engineering & Design will provide youy with written notificationt two (2) weeks priort tot takinga any action tov withdrawa an application submitted on! behalf oft the client. Ifp payment ofa all outstandingi invoices isr not received withint two (2)V weeks ofr receipt oft thisl letter, Colliers Engineering & Design will withdraw all pending applications for the project. Colliers Engineering &I Design reserves the rightt tor request a retainer fromt the Client prior to the commencement ofs services ona project. Whiler retainers are collected prior toi the start ofa project, the retainer isl heldt tot the end oft the project, and willl be applied to  Engineering &E Design ands said Client. 1.0 SCOPE OFS SERVICES:  annually and the Clients shall bel billed att the rates that arei ine effecta att thet time of service,  contract.  to, change orders, clients service authorization forms, etc.  2.0 STANDARD OF CARE:  IMPLIED, IS MADE, 3.0 INVOICES:  (30) days ort the account willl be considered correct.  ratet fort those employees.  up-charge not to exceed 15p percent oft thei invoicet for said: services.  are part of Client's responsibility. 4.0 PAYMENT:  court, client shalla also! ber responsiblet for courto costs.  5.0 RETAINER:  the final invoices. Retainers are not appliedt tot the beginning of the project.  Proposal No. 21002641B  February 16, 2023 Page7/12    Colliers Engineering &Design  6.0 RIGHT OF ENTRY/OBSITE:  Client willp provide fori right ofe entryf for Colliers Engineering & Design! personnel and equipment necessaryt to complete our services. While Colliers Engineering & Design will take all reasonable precautions tor minimize any damage tot thej property, itis understood by the Clientt thati in Client shall furnish or cause tob be furnishedi to Colliers Engineering & Design all documents andi information knownt tot the Clientt that relate tot the identity, location, quantity, nature or characteristics ofa any hazardous ort toxic substances at, on, or under thes site. Ina addition, the Client will furnish or causet tol be furnished: such otheri information ons surface and: subsurface site conditions required by Colliers Engineering & Design for proper performance ofi its services. Colliers Engineering & Design shalll bee entitledi tor rely ont the accuracy and completeness of Client provided documents andi information inp performing the services required undert this/ Agreement and Colliers Engineering & Design assumes no Colliers Engineering & Design will not direct, supervise, or control thev work of Client's contractors ort their subcontractors. Colliers Engineering & Design shall not have authority over or responsibility for the construction means, methods, techniques, sequences, or procedures and Colliers Engineering &! Design's services willr noti include ar review ore evaluation oft the contractors (or subcontractor's): safety precautions, programs or Colliers Engineering & Design shall! ber responsible onlyt fori its activities and that ofi its employees on anys site, Neither the professional activities nor the presence of Colliers Engineering &I Design or its employees or subcontractors on a site: shalli imply that Colliers Engineering: & Design controls the operations of others, nor: shallt this be construedt to bea ana acceptance by Colliers Engineering & Design of anyr responsibility for In thee execution of our services, Colliers Engineering & Design willt take reasonable precautions in accordance with the professional. standard of care to avoid damage ori injury to subterranean: structures or utilities. The Client agrees to! hold Colliers Engineering & Design! harmless and defend and indemnify Colliers Engineering & Design for any claims or damages tos subterranean: structures or utilities, which have not been Should Clientf fail tor make payments whend due ori is otherwise inr material breach oft this Agreement, Colliers Engineering & Design att their election may suspend: services ata anyt time after PROVIDING WRITTEN NOTICE TO THE CLIENT until payments are brought current. Colliers Engineering &Design shall have no liability whatsoever tot the Clientf for any costs or damages asa aresult of such suspension. This Agreement may! be terminated by either party upons seven (7) days writtenr noticei in the event ofs substantial: failure by the other party to perform ina accordance witht thet terms! hereof. Sucht termination: shall not be effectivei ifthats substantiall failure! has beenr remedied before expiration oft the periods specifiedi int the written notice. Int the event oft termination, Colliers Engineering & Design shalll be paidf for service Int the event oft termination, or suspension for moret than three (3). months, prior to completion of all services contemplated by the Agreement, Colliers Engineering & Design may complete sucha analyses andr records as are necessary to complete its files andr may also complete a reporton Colliers Engineering & Design prefers thati its Clients directly retain others whose: services arer required inc connection with ap project (e.g., drillers, analytical laboratories, transporters, othere experts, etc.), excepti inu unusual circumstances. Asas service, we will advise Clients with respectto selecting other such Mbom.tanspaubomradors and willa assist Clients inc coordinating andr monitoring their performance. Inr no event willy we assume anyl liability or responsibility for thev work performed! by other Mbomsaamthuibonratons, orf fort their failure to perform any work, regardless ofv whether wel hire them directly as sbonsutashconratuos or only coordinate and monitor their work. When Colliers Engineering & Design does engage as subconsultantisubcontractor on behalf oft the Client, the expenses incurred, including rental ofs special equipment necessary for the work, willl be! billeda as they arei incurred, at cost plus an up-charge not to exceed 20p percent oft the invoice. By engaging us to! perform: services, you agree to defend,i indemnify andl hold Colliers Engineering & Designi its directors, officers, employees, and other agents harmless froma anda against any and all daims, losses, liabilities, damages, demands, costs, or judgments arising out of or relatingi in anyy wayt tot thej performance or non-performance ofv work! by another subconsultantisutsubcontractor, Ina addition, Client agrees top pursue recovery ofa anda assert any claims based uponi its loss, expenses and/or damages solelya and directly against those subconsultants/subcontractors. In consideration ofs suchi indemnity and waiver, Colliers Engineering & Design agrees to assign its rights and/or claims against those sconputmeucontacans pursuantt tot the: subconsultants/sutslsubcontractors agreements' with Colliers Engineering &E Designt tot the Client. Colliers Engineering & Design shalll bel liablet tot the Client onlyf for direct damages tot thee extent caused by Colliers Engineering & Design's negligencei int the performance ofi itss services. UNDERI NOC CIRCUMSTANCES, SHALL COLLIERS ENGINEERING &i DESIGNI BEI LIABLEF FORI INDIRECT,, PUNITIVE, SPECIAL, ORE EXEMPLARY DAMAGES, OR FORI DAMAGES CAUSEDE BY THE CLIENT'S FAILURET TOI PERFORM ITS OBLIGATIONS. With regard tos services involving hazardous substances, Colliers Engineering & Design! has neither created nor contributed tot the creation ore existence of any actually orp potentially hazardous, radioactive, toxic, or otherwise dangerous substance or conditiona at anys site, andi its compensationis' in  ther normal course of our services some damage may occur, the correction ofv whichi is not part oft this Agreement.  responsibility or liability for their accuracy or completeness.  measures. jobsite safety. 7.0 UTILITIES:  marked-out under the One-Call system ora are not shown or arei incorrectly shown ont the plans furnished,  8.0 TERMINATION OR: SUSPENSION OF SERVICES:  performed tot thet termination notice date.  the services performed tot thec date ofr notice of termination or suspension.  9.0 SUBCONSULTANTSSUBCONTRACTORS  10.0 AGREED REMEDY:  nov way commensurate with the potential liability that may! be associated with a substance ors site.  Proposal No. 21002641B  February 16, 2023 Page 8112    Colliers Engineering &Design  Itisi intended by the parties to this Agreement that Colliers Engineering & Design's services inc connection witht the project shall not subject Colliers Engineering & Design's individuale employees, officers or directors toa any personal legal exposure for the risks associated withi this project, Therefore, the Client agrees that as the Client'ss sole ande exclusive remedy, anyo claim, demand or suits shall be directed and/or asserted only against Colliers Engineering & Design, al Newj Jersey corporation, andr not against any of Colliers Engineering & Design's employees, officers Colliers Engineering & Design shall maintain, ati its own expense, Workers Compensation Insurance, Comprehensive General Liability Insurance Tot the fulleste extent permitted by law, Client shall indemnify, defend and! hold harmless Colliers Engineering & Design andi its agents, officers, directors ande employees, subcontracts or consultants (hereinf fort ther remainder of this section collectively referred to as Colliers Engineering & Design) froma and against allo claims, damages, losses ande expenses, whether direct, indirect or consequential or punitive, including butr not limited tof feesa and charges ofa attorneys and court and arbitration costs, arising out of or resultingf from thes services of Colliers Engineering & Design or any claims against Colliers Engineering & Design arisingf fromt thea acts, omissions or work of others, unless itisp proveni inac courto of competent) jurisdiction that Colliers Engineering & Designi is guilty ofr negligence, gross negligence, or willful misconducti inc connection with the services and such negligence, gross negligence, or willfulr misconduct was the: sole cause oft the damages, claims, and liabilities. The Clientr may not delegate, assign, sublet, ort transfer his duties ori interest int the Agreement without written consent of Colliers Engineering & Design. Colliers Engineering & Design shall not,i inc connection witha anys sucha assignment byt the Client, be requiredt to execute any documents thati ina anyv way might, int thes sole judgment of Colliers Engineering &0 Design, increase Colliers Engineering & Design's contractual orl legal The Agreement shall not createa any rights or! benefits top parties other than the Client and Colliers Engineering & Design, andi nothing contained! in this Agreement: shall create a contractual relationship with, ora a cause ofa actioni inf favoro of, at third party against eithert the Client or Colliers Engineering & Design. Colliers Engineering & Design's services hereunder. are being performed solely for the benefit oft the Client, and no other entitys shallh have any claima against Colliers Engineering & Design! because oft this Agreement of Colliers Engineering & Design's performanceor All drawings, calculations, reports, plans, specifications, computer files, field data, notes, ando other documents andi instruments ("Documents") prepared by Colliers Engineering: & Design are and remain the property of Colliers Engineering & Design as instruments ofs service. The Documents may not be copied by the Client or others one extensions oft this project or on any other project. The Client agrees not to use Colliers Engineering & Design's Documents for marketing purposes, for projects othert than the project for whicht the Documents were preparedb by Colliers Engineering & Design, orf for futurer modifications tot this project, without Colliers Engineering & Design's express written permission. Any reuse or distribution to third parties without: suche express written permission or project-specific. adaptation! by Colliers Engineering & Design will be att the Client's sole risk andy without liability to Colliers Engineering & Design ori its employees, subsidiaries, independent professional Computer files are not considered part of deliverables unless specifically requested or required byt the signed contract. Ifcomputer files are The Client must execute our standard Electronic Medial Release form priort to any distribution off files. The Clientr recognizes that data, plans, specifications, reports, documents or otheri information recorded on ort transmitted ase electronic media are: subject to undetectable alteration, either intentional or unintentional due to, amongo other causes, transmission, conversion, media degradation, software error, or human alteration. Accordingly, itis understood that electronici files provided to the Client arei fori informational purposes onlya and arer noti intended as ane end-product. Colliers Engineering &! Design makes no representation: ofa any warranties, either expressed or implied, regarding the fitness or suitability oft the electronic documents, Accordingly, the Client agreest to waive any and all claims against Colliers Engineering &1 Design and Colliers Engineering & Design's consultants relating in anyy wayt to the unauthorized use, reuse or alteration oft the electronic documents. Any unlicensed use ori reuse oft thec documents without our written consent willo constitute aviolation of our copyright. Only original plans and reports oft the mostrecent date bearing the: signature andt the embossed: seal oft the professional willb be considered documents ofr record. Colliers Engineering & Design, shallr maintain ini its storage facility, samples collected: as part oft their services providedf for ap period oft three (3) months after issuance oft finalr reports. After thet three (3)r month time limit, all samples willl be disposed ofi in accordance witha appropriate regulations att the time, Extended: storage ofs samples can! be arranged ata ana additional cost tol be established on a project by projecth basis. Colliers Engineering & Design or Client shall notl ber responsible for the delays caused! by factors! beyond itsr reasonable control, including butr not limited to delay due to accidents, an acto of God, fire, hurricane, flood, explosions, strike, boycott or other labor dispute, failure oft the Clientt to furnish timely information or approve or disapprove of Colliers Engineering & Design's services or work product, delays caused byf faulty performance! byt the Client or contractors of anyl level, orl by acts of Government, which, int the opinion of Colliers Engineering & Design, and the  or directors. 11.0 NEMIONALYDELETE: 12.0 INDEMNIFICATION:  and Professional Liability Insurance. ata allt times and will, uponr request, furnish insurance certificates tot the Client.  13.0 ASSIGNS:  obligations or risks, ort the availability or costs ofi itsp professional ors generall liabilityi insurance.  nonperformance ofs services hereunder,  14.0 OWNERSHIP, AND RESTRICTION ON REUSE OF DOCUMENTS:  associates, sub consultants, ands subcontractors.  required, Colliers Engineering & Design: shall provide Clientf files subject to the following conditions:  15.0 GENERAL CONDITIONS:  Proposal No. 21002641B  February 16, 2023 Page9/12    Colliers Engineering &D Design  Client couldr not have beenr reasonably foreseen andp provided for, such delay wille entitle Colliers Engineering & Designt to an extension of time in performingi its Services. Iftherei is anyi increasei int thet total cost ofp providing Services by reason ofa anys sucho delay, Colliers Engineering & Design will notify Client of particulars, and Client willp payf for suchi increase. Whens such delays beyond Colliers Engineering & Design's reasonable control occur, the Clienta agreest that Colliers Engineering & Design shall not be responsible for damages, nor shall Colliers Engineering & Design! be Thet fees quotedi int this proposal assume that upon authorization,t this project will commence through to completion without as stopy work order This Agreement comprises thet final and complete Agreement between the Clienta and Colliers Engineering & Design. Itsupersedes. allp prior or contemporaneous communications, representations, or Agreements, whether oral or written, relatingt to the: subject matter oft this Agreement. Execution oft this Agreement: signifies that each party! hasr readt the document thoroughly, has! had the opportunity tol have questions explainedI by independent counsel andi is satisfied with thet terms and conditions contained herein. Amendments tot this Agreement shall not bel binding Tot the extent Client provides its own Agreement andt that Agreement conflicts with ori iss silent with respect to any term or condition expressed This agreement shall be governed by and construed. according tot thel laws oft the commonwealth of Pennsyivania and) jurisdiction shall be! byt the  deemedi in default of this Agreement. from the Client. 16.0 ENTIRE AGREEMENT:  unless madei inv writing and signed byb botht the Client and Colliers Engineering & Design. herein, these conditions shall prevail and shalll be! binding upont the parties. courts of common pleas of Northhampton County, Pennsylvania.  17.0 DISPUTES:  Proposal No. 21002641B  February 16, 2023 Page 1011 12    Colliers Engineering &D Design  Section III - Rate Schedule  Technical Staff Rates 2023  Billing Titles Executive Principal Senior Principal Principal Senior Project Manager Technical Director Project Manager Senior Project Specialist Project Specialist Techniçal Professional Technical Specialist Specialist Senior Data Technician Senior Technical Assistant Technical Assistant FieldT Technician Data Technician Survey Crew- -1F Person w/Robotic Equipment Additional Survey Crewl Member SUE Crew (designating)- -1P Person Additional (designating)! Member SUE Crew (locating)- 2F Person Additional (locating) Member Expert Witness Sr. LSRP LSRP General Expenses Travel (Hotel, Airfare, Meals) SBConstaNsspCONAes Plotting Computer Mylars/Color Plots Photocopies Color Photocopies Document Binding Portable Media Exhibit Lamination (24") x36" orl larger) Initial Digital Signature Additional Digital Signatures Mileage Reimbursement*  Hourly Rates 340.00 325.00 300.00 250.00 220.00 200.00 190.00 180.00 170.00 160.00 150.00 140.00 130.00 115.00 105.00 105.00 200.00 75.00 150.00 60.00 235.00 55.00 400.00 310.00 265.00 Cost + 15% Cost+15% Cost+20% 4.25/Each 100.00/Each 0.19/Each 2.00/Each 4.00/Each 100.00/Each 85.00/Each 300.00 75.00/Each 0.655/Per Mile Field Vehicle 0.70/Per Mile  Reimbursable Expenses  *Mileage reimbursement subjectt to change based upon! IRS standard mileage rate.  Master Schedule  Rates are effective through] june 30, 2023 February 16, 2023 Page 11/12  Proposal No. 21002641B    Colliers Engineering & Design  Section IV. - Client Contract Authorization Ihave read, understand, and accept this contract.  Ihereby declare that lam duly authorized to sign binding contractual documents. lalso declare that  Signature  Date  Printed Name  Title  Ifyou find this proposal acceptable, please signwherei indicated above in Section Ill, andr return one: signed copyt to this office. Invoices are due in full upon receipt and are past due after 30 days, and shall not be subject to retainage of any kind. This proposal is valid for 90 days from the date issued. We very much appreciate the opportunity to submit this proposal, and wel look forward to  performing these services for you. Colliers Engineering & Design, Inc. (DBAI Maser Consulting)  Sincerely,  Lz TWE Ryan Walters, P.E. Senior Project Manager Principal Associate  Philip E. Gauffreau, ByeA Discipline Leader Principal RTW/PEG/baw  P.E.  EPRANIAMAPyaONIcA.eT Twp Pool_CQA.docx  Proposal No. 21002641B  February 16, 2023 Page 12/12