1-26-09-01 Specifications.pdf

SAL 26-019

TOWNSHIP OF SALISBURY

DEPARTMENT OF PUBLIC WORKS

2900 South Pike Avenue, Allentown, PA 18103

LEHIGH COUNTY, PENNSYLVANIA

CONTRACT SPECIFICATIONS/DOCUMENTS FOR:

WATER MAIN REPLACEMENT PROJECT FOR

LINDA LANE AND GAIL AVENUE

July 2026

Prepared By:

Keystone Consulting Engineers, Inc.

5012 Medical Center Circle, Suite 1

Allentown, PA 18106

Phone: 610-395-0971

Fax: 610-391-8942 www.KCEinc.com

TABLE OF CONTENTS

SECTION 10

Invitation to Bid

Instructions to Bidders

IB-1

I-1 to I-8

SECTION 20

General Conditions

70 pages

SECTION 30

Supplementary Conditions

SC-1 to SC-12

SECTION 40

40-1 General Requirements

40-2 PA Prevailing Wage Act Requirements

Weekly Payroll Certification Forms

PA Prevailing Wage Rates

40-3 Commonwealth of Pennsylvania/Commonwealth

Financing Authority – General Requirements

Noncollusion Affidavit Instructions & Form

Nondiscrimination/Sexual Harassment Clause

GR-1 to GR-12

GR- 13 to GR-15

2 Pages

6 Pages

30 Pages

2 Pages

2 Pages

SECTION 50

Technical Specifications

TS-1 to TS-58

SECTION 60

Performance Bond

Payment Bond

P-1 to P-4

P-5 to P-8

SECTION 70

Agreement

Bid Form

RFI Form

Statement of Bidders Qualifications

Affidavits of Payment

A-1 to A-7

B-1

B-2 to B-4

BQ-1 to BQ-2

AP-1 to AP-3

INVITATION TO BID

INSTRUCTIONS TO BIDDERS

IB - 1

Township of Salisbury will receive sealed bids for the Watermain Replacement Project on Linda Lane and Gail

Avenue within the Township. The work will include installation of approximately 1,675 linear feet of 6-inch ductile iron pipe and appurtenances and surface restoration. Bids will be received online via PennBid until

2:00 p.m. (prevailing time) on Tuesday, September 1, 2026. Bids results will be made available on PennBid after bid opening/review by Owner.

Copies of the Specifications/Bid Forms are available at no cost on PennBid (https://PennBid.bonfirehub.com).

Questions and inquiries should be addressed through PennBid’s “Ask A Question” button found on the

Project Details page.

The Project is funded, in part, under a grant from the Commonwealth of Pennsylvania, Commonwealth

Financing Authority, Small Water and Sewer Program. The Contractor and all Subcontractors will be required to comply with all program conditions and obligations as stated in Section 40-3 “Commonwealth Financing

Authority Provisions/General Requirements”.

The bid must be accompanied by Bid Security made payable to the Owner in an amount of ten percent (10%) of the total Bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Article 6.01 of the General Conditions. The successful bidder must furnish Performance, Payment Bonds and Insurance per Contract meeting the requirements of Article 6 of the General Conditions.

The Project is subject to minimum wage rates in accordance with the applicable provisions of the

Pennsylvania Prevailing Wage Act and compliance with the Commonwealth of Pennsylvania Public Works

Employee Verification Act.

The Owner reserves the right to waive any informality in, and/or to reject, any or all bids/proposals if, in their judgement, is not in the best interests of the Township. No Bid will be accepted if obtained from sources other than the issuing office noted above and if not submitted through the PennBid system.

Township of Salisbury

Cathy Gorman, Township Manager

Advertise: The Press Newspapers Wednesday, July 29, 2026

Wednesday, August 5, 2026 https://pennbid.bonfirehub.com/

I - 1

INSTRUCTIONS TO BIDDERS

10-1 DEFINED TERMS

Terms used in these Instructions to Bidders have the meanings indicated in the General

Conditions and Supplementary Conditions of the Contract Documents. The term “Owner” refers to Township of Salisbury. The term "Bidder" means one who submits a Bid directly to

Owner, as distinct from a sub-bidder who submits a bid to a Bidder. The term "Successful

Bidder" means the lowest qualified, responsible, and responsive Bidder to whom the Owner

(on the basis of evaluation as hereinafter provided) makes an award. The term "Bidding

Requirements" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the

Bid Form, and attachments. The term “Bidding Documents” includes Contract Documents, the Agreement, Performance and Payment Bonds, the General Conditions, the Supplementary

Conditions, the Specifications, all Addenda issued for the project and all Contract Drawings.

The term “Issuing Office” refers to the office from which the bidding documents are to be issued and which are registered plan holders in conjunction with the PennBid electronic bid program.

10-2 COPIES OF BIDDING DOCUMENTS

10-2.1 Complete sets of the Bidding Documents/Requirements and proposed Contract

Documents are available online for no cost through the PennBid Program – https://PennBid.bonfirehub.com as prepared by the Issuing Office, Keystone Consulting

Engineers, Inc., 5012 Medical Center Circle, Suite 1, Allentown, PA 18106.

10-2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. It is the Bidder’s responsibility to determine that it is using a complete set of documents in preparation of a bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by the Bidder itself or by its prospective Subcontractors and Suppliers.

10-2.3 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

10-3 QUALIFICATIONS OF BIDDERS

To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within five (5) work days of Owner's request, detailed financial data, previous experience records, present commitments, and statements of available personnel and equipment. Each

Bid must contain evidence of Bidder's qualification to do business in the state where the

I - 2

Project is located or covenant to obtain such qualification prior to award of the contract. A

Bidder’s failure to submit required qualifications within the time indicated may disqualify the

Bidder from receiving the award of the Contract(s).

No requirement in this Article 10-3 to submit information will prejudice the right of the Owner to seek additional pertinent information regarding Bidder’s qualifications.

10-4 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

10-4.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the

Contract Documents thoroughly, (b) visit the sites and conduct a thorough visual examination of the sites and adjacent areas and to become familiar with local conditions which may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations which may affect the cost, progress, performance or furnishing of the

Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents.

10-4.2 Information and data related to underground or overhead utilities at or contiguous to the site are not shown on these Drawings. The project, as designed, does not require excavation of the subsurface to construct the project. All construction operations associated with the Contract work will not require excavation.

If the Contract Scope of Work changes or is revised to include excavation, the Owner will address any changes necessary and include requirement/compliance with Act 287/Act 50, 2017, as amended (PA Underground Utility Protection Law).

10-4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions, appear in Article 5 of the General Conditions or as provided otherwise in the Supplementary

Conditions.

10-4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies, and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

10-4.5 Upon advance request, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up, and restore the site to its former condition upon completion of such explorations.

I - 3

10-4.6 The lands upon which the Work is to be performed, rights-of-way, and easements for access thereto and other lands designated for use by Contractor in performing the Work, are identified on the Drawings. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by

Contractor.

10-4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the

Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the

Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

10-5 INTERPRETATIONS AND ADDENDA

10-5.1 All questions about the meaning or intent of the Contract Documents are to be addressed through PennBid’s “Ask a Question” tab.

Interpretations or clarifications considered necessary by Owner/Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders as having received the Bidding Documents. Questions received less than seven (7) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written

Addenda will be binding. Oral and other written interpretations or clarifications on PennBid’s

Clarification tab will be without legal effect. Responses to questions are not part of the

Contract Documents unless set forth in an addendum that expressly modifies or supplements the Contract Documents.

10-5.2 Addenda may also be issued to clarify, modify, correct, supplement or change the

Bidding Documents as deemed advisable by Owner and Engineer.

10.5.3 Addenda will be issued via the PennBid Program as deemed advisable by Owner and

Engineer.

10-6 NON-COLLUSION AFFIDAVIT

Each bid should be accompanied by a non-collusion affidavit in the form included with the

Bidding Documents and duly executed in the manner that a Bid must be executed.

10-7 BID SECURITY

10-7.1 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten percent (10%) of the Bidder's Maximum Bid Price as applicable and in the form of a certified or bank check, bank money order or a Bid Bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions.

I - 4

10-7.2 The Bid security of the apparent Successful Bidder will be retained until such Bidder has executed the Contract Agreement, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the

Successful Bidder fails to execute and deliver the Contract Agreement and furnish the required Contract security within fifteen (15) days after the Notice of Award, Owner may consider Bidder in default and annul the Notice of Award, and Bid security of that Bidder will be forfeited in whole. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

10-7.3 The Bid security of other Bidders who Owner believes to have a reasonable chance of receiving the Award may be retained by Owner until the earlier of the seventh day after the

Effective Date of the Contract or the sixty-first day after the Bid opening, whereupon Bid security furnished by such Bidders will be released. The Bid security of all other bidders will be released within seven days after the Bid opening.

10-8 CONTRACT TIME

The number of days within which the Work is to be either substantially completed or final completion and ready for final payment (the Contract Time) are set forth in the Agreement.

10-9 LIQUIDATED DAMAGES

Provisions for liquidated damages for failure to timely attain a Milestone, Substantial

Completion, or Final Completion of the Work in readiness for Final Payment are set forth in the Agreement.

10-10 SUBSTITUTE OR "OR EQUAL" ITEMS

10-10.1 The Contract for the Work, as awarded, will be on the basis of Materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or equal” item. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or equal” item of material or equipment, application for such acceptance may not be made to and shall not be considered by the Owner/Engineer until after the Effective

Date of the Contract.

10-10.2 All Prices that Bidders set forth in its Bid shall be based on the presumption that the

Contractor will furnish the materials and equipment specified or described in the Bidding

Documents, or as supplemented by addenda. Bidders shall not rely upon approvals made in any other manner. Any assumptions regarding the possibility of post-bid approvals of “or-equal” or substitution requests are made at the Bidder’s sole risk.

10-10.3 The Owners/Engineers reserve the right to determine material or equipment equivalency. The Owners/Engineers decisions of approval or disapproval of a proposed item

I - 5 will be final and binding, and may not be reversed through an appeal under any provisions of the Contract Documents.

10-10.4 The procedure for submission of any such application by the Contractor and consideration by the Owner/Engineer is set forth in Paragraph 7.05 of the General Conditions.

10-11 BID FORM

10-11.1 The Bid Forms are to be completed electronically within the PennBid Program, and shall include any supporting documents as indicated within the Bidding Documents. All documents are available at no cost on PennBid (https://PennBid.bonfirehub.com).

10-12 SUBMISSION OF BIDS

Bids shall be submitted electronically via the PennBid Program

(https://PennBid.bonfirehub.com).

10-13 MODIFICATION AND WITHDRAWAL OF BIDS

10-13.1 Bids may be modified or withdrawn prior to the date and time for the opening of

Bids as permitted via the PennBid Program.

10-13.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is re-bid, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

10-14 OPENING OF BIDS

Bids will be electronically opened at the time indicated in the Advertisement or Invitation to

Bid on the PennBid Program. An abstract of the amounts of the Bids will be made available to Bidders following the review and evaluation of all bids by the Owner/Engineer, and will be available through the PennBid program interface.

10-15 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but

Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

I - 6

10-16 EVALUATION OF BIDS AND AWARD OF CONTRACT

10-16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the

Successful Bidder, and the right to reject, without limitation, all nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner reserves the right to adjust quantities of work by elimination of work on all or portions of each Contract, without unit price adjustments. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner.

10-16.2 Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

10-16.3 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

10-16.4 Owner may conduct such investigations as deemed necessary to assist in the evaluation of any Bid and to establish the responsibility and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

10-16.5 If the Contract is to be awarded, it will be awarded to the lowest responsible Bidder whose evaluation by Owner indicates that the award will be in the best interests of the Project.

10-16.6 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of

Award within sixty (60) days after the day of the Bid opening.

10-16.7 Bidders must submit individual price proposals for both the initial Base Bid and Bid

Option “B” to be considered a complete bid package. Bidders proposals without pricing for both the initial Base Bid and Bid Option “B” will be determined to be incomplete and considered disqualified.

The Owner, in evaluating the proposals, reserves the right to award the initial Base Bid only without awarding Bid Option “B”. Bid Option “B” will be evaluated and awarded based on the

Township’s project budget.

Bid Option “B”, if awarded, will be awarded to the lowest responsible bidder awarded the initial Base Bid and not awarded separately.

I - 7

If Bid Option “B” is awarded, the cost for Permanent Bituminous Pavement Trench Restoration

Section 50-12 will be deleted from the Contract and replaced with Bid Option”B” Permanent

Bituminous Roadway Restoration, Mill and Overlay, Section 50-14.

10-17 CONTRACT SECURITY

Paragraph 6.01 of the General Conditions, as may be modified by the Supplementary

Conditions, sets forth the Owner’s requirements as to Performance and Payment Bonds and

Insurance. When the Successful Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required Performance and Payment Bonds and Insurance documentation in the forms included in the Contract Documents.

10-18 SIGNING OF AGREEMENT

When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unexecuted counterparts of the Agreement along with all other Contract

Documents attached. Within fifteen (15) days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement and attached documents to the Owner with the required Bonds and evidence of the required insurance documentation.

Within ten (10) days of approval of these documents, Owner shall deliver one (1) fully executed counterpart of the Agreement to the Successful Bidder. Each counterpart is to be accompanied by a complete set of the Contract Documents.

10-19 RETAINAGE

Provisions regarding retainage are set forth in the Agreement.

10-20 PREVAILING WAGES

The Contractor is advised of the following prevailing wage conditions of this project:

All Work involved with this project is subject to the Pennsylvania Prevailing Wages secured for this project. Prevailing wages must be paid to all working employees of the Contractor and all Subcontractors employed under this project.

The applicable wage rate documents are attached as part of these Specifications (refer to

Section 40-2 of the General Requirements).

10-21 PRE-BID MEETING

A pre-bid meeting will not be scheduled for this project.

I - 8

10-22 PUBLIC WORKS EMPLOYEES VERIFICATION ACT

In accordance with the Department of General Services, Public Works Employment

Verification Act – SB 637 (Act 127-2012), as amended or supplemented, all Contractors and

Subcontractors as a precondition to receiving a Contract on Public Works Projects (defined under the prevailing Wage Act) are to submit employee verification forms to the public body

(Owner). Public Works Contractors and every Subcontractor performing work under a Public

Works Contract shall utilize the E-Verify Program (EVP) System to verify the employment eligibility of each new employee hired after January 01, 2013, and submit the EVP form to the

Owner to ensure compliance with the Act. Refer to Section 40 General Requirements for details.

10-23 SALES TAXES

The Owner is exempt from paying Pennsylvania sales and use taxes on materials to be incorporated into the project/work. The Owner will not make any payments for such

Pennsylvania sales and use taxes paid by the Contractor. Said taxes must not be included in the Bid Pricing. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.

10-24 COMMONWEALTH FINANCING AUTHORITY (CFA) GRANT REQUIREMENTS

This Project, in part, is being funded through a Commonwealth of Pennsylvania, Commonwealth Financing Authority Grant administered through the Commonwealth

Financing Authority (CFA). CFA requirements have been incorporated into these

Specifications. Non-compliance with all CFA requirements may result in rejection of the

Contractor’s bid.

In the event of a discrepancy between these Specifications and the CFA requirements (Section

40-3) the CFA requirements will take precedence.

SECTION 20

GENERAL CONDITIONS

EJCDC® C-700, Standard General Conditions of the Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Prepared By

Endorsed By

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Copyright© 2018

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

http://www.nspe.org/ http://www.acec.org/ http://www.asce.org/ http://www.ejcdc.org/

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 1 of 5

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1—Definitions and Terminology

1.01 Defined Terms

1.02 Terminology

Article 2—Preliminary Matters

2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance

2.02 Copies of Documents

2.03 Before Starting Construction

2.04 Preconstruction Conference; Designation of Authorized Representatives

2.05 Acceptance of Schedules

2.06 Electronic Transmittals

Article 3—Contract Documents: Intent, Requirements, Reuse

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Requirements of the Contract Documents

3.05 Reuse of Documents

Article 4—Commencement and Progress of the Work

4.01 Commencement of Contract Times; Notice to Proceed

4.02 Starting the Work

4.03 Reference Points

4.04 Progress Schedule

4.05 Delays in Contractor’s Progress

Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions

5.01 Availability of Lands

5.02 Use of Site and Other Areas

5.03 Subsurface and Physical Conditions

5.04 Differing Subsurface or Physical Conditions

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 2 of 5

5.05 Underground Facilities

5.06 Hazardous Environmental Conditions at Site

Article 6—Bonds and Insurance

6.01 Performance, Payment, and Other Bonds

6.02 Insurance—General Provisions

6.03 Contractor’s Insurance

6.04 Builder’s Risk and Other Property Insurance

6.05 Property Losses; Subrogation

6.06 Receipt and Application of Property Insurance Proceeds

Article 7—Contractor’s Responsibilities

7.01 Contractor’s Means and Methods of Construction

7.02 Supervision and Superintendence

7.03 Labor; Working Hours

7.04 Services, Materials, and Equipment

7.05 “Or Equals”

7.06 Substitutes

7.07 Concerning Subcontractors and Suppliers

7.08 Patent Fees and Royalties

7.09 Permits

7.10 Taxes

7.11 Laws and Regulations

7.12 Record Documents

7.13 Safety and Protection

7.14 Hazard Communication Programs

7.15 Emergencies

7.16 Submittals

7.17 Contractor’s General Warranty and Guarantee

7.18 Indemnification

7.19 Delegation of Professional Design Services

Article 8—Other Work at the Site

8.01 Other Work

8.02 Coordination

8.03 Legal Relationships

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 3 of 5

Article 9—Owner’s Responsibilities

9.01 Communications to Contractor

9.02 Replacement of Engineer

9.03 Furnish Data

9.04 Pay When Due

9.05 Lands and Easements; Reports, Tests, and Drawings

9.06 Insurance

9.07 Change Orders

9.08 Inspections, Tests, and Approvals

9.09 Limitations on Owner’s Responsibilities

9.10 Undisclosed Hazardous Environmental Condition

9.11 Evidence of Financial Arrangements

9.12 Safety Programs

Article 10—Engineer’s Status During Construction

10.01 Owner’s Representative

10.02 Visits to Site

10.03 Resident Project Representative

10.04 Engineer’s Authority

10.05 Determinations for Unit Price Work

10.06 Decisions on Requirements of Contract Documents and Acceptability of Work

10.07 Limitations on Engineer’s Authority and Responsibilities

10.08 Compliance with Safety Program

Article 11—Changes to the Contract

11.01 Amending and Supplementing the Contract

11.02 Change Orders

11.03 Work Change Directives

11.04 Field Orders

11.05 Owner-Authorized Changes in the Work

11.06 Unauthorized Changes in the Work

11.07 Change of Contract Price

11.08 Change of Contract Times

11.09 Change Proposals

11.10 Notification to Surety

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 4 of 5

Article 12—Claims

12.01 Claims

Article 13—Cost of the Work; Allowances; Unit Price Work

13.01 Cost of the Work

13.02 Allowances

13.03 Unit Price Work

Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work

14.01 Access to Work

14.02 Tests, Inspections, and Approvals

14.03 Defective Work

14.04 Acceptance of Defective Work

14.05 Uncovering Work

14.06 Owner May Stop the Work

14.07 Owner May Correct Defective Work

Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period

15.01 Progress Payments

15.02 Contractor’s Warranty of Title

15.03 Substantial Completion

15.04 Partial Use or Occupancy

15.05 Final Inspection

15.06 Final Payment

15.07 Waiver of Claims

15.08 Correction Period

Article 16—Suspension of Work and Termination

16.01 Owner May Suspend Work

16.02 Owner May Terminate for Cause

16.03 Owner May Terminate for Convenience

16.04 Contractor May Stop Work or Terminate

Article 17—Final Resolution of Disputes

17.01 Methods and Procedures

Article 18—Miscellaneous

18.01 Giving Notice

18.02 Computation of Times

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 5 of 5

18.03 Cumulative Remedies

18.04 Limitation of Damages

18.05 No Waiver

18.06 Survival of Obligations

18.07 Controlling Law

18.08 Assignment of Contract

18.09 Successors and Assigns

18.10 Headings

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

ARTICLE 1—DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.

3. Application for Payment—The document prepared by Contractor, in a form acceptable to Engineer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

5. Bidder—An individual or entity that submits a Bid to Owner.

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda.

7. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.

9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents;

challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract.

10. Claim

a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal;

seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract.

b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address.

c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment.

d. A demand for money or services by a third party is not a Claim.

11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

12. Contract—The entire and integrated written contract between Owner and Contractor concerning the Work.

13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract.

14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents.

15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

16. Contractor—The individual or entity with which Owner has contracted for performance of the Work.

17. Cost of the Work—See Paragraph 13.01 for definition.

18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor.

19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective.

20. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format.

21. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents.

22. Engineer—The individual or entity named as such in the Agreement.

23. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times.

24. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto.

a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition.

b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition.

c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition.

25. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

26. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.

27. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work.

28. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid.

29. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work.

30. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

31. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor’s plan to accomplish the Work within the Contract Times.

32. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

33. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative.

34. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.

35. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals.

36. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

38. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands or areas furnished by Owner which are designated for the use of Contractor.

39. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

40. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work.

41. Submittal—A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs;

sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals.

42. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended.

The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion of such Work.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

43. Successful Bidder—The Bidder to which the Owner makes an award of contract.

44. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions.

45. Supplier—A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor.

46. Technical Data

a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site.

b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor.

c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings.

47. Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility.

48. Unit Price Work—Work to be paid for on the basis of unit prices.

49. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

50. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1.02 Terminology

A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives: The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents.

C. Day: The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

D. Defective: The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:

1. does not conform to the Contract Documents;

2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

3. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or Paragraph 15.04).

E. Furnish, Install, Perform, Provide

1. The word “furnish,” when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, means to furnish and install said services, materials, or equipment complete and ready for intended use.

4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

F. Contract Price or Contract Times: References to a change in “Contract Price or Contract Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to

(1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed.

G. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2—PRELIMINARY MATTERS

2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance

A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds).

B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies.

C. Evidence of Owner’s Insurance: After receipt of the signed counterparts of the Agreement and all required bonds and…