1-CD 50-7.5 Bid Specs.pdf

ISSUED TO:

WEST MIFFLIN BOROUGH

ALLEGHENY COUNTY, PENNSYLVANIA

BIDDING DOCUMENTS FOR

CD 50-7.5

WEST MIFFLIN BOROUGH BUILDING

ADA DOOR REPLACEMENT

RELEASED FOR BID

JANUARY 2025

5173 Campbells Run Road

Pittsburgh, PA 15205

Telephone: (412) 494-0510

Fax: (412) 494-0426

E-mail: info@klhengineers.com

Ref. No. 569-02

Copyright © 2025 KLH Engineers, Inc.

All Rights Reserved Worldwide i 569/ CD50 7.5

WEST MIFFLIN BOROUGH

ADA DOOR REPLACEMENT

PROJECT # CD50 7.5

TABLE OF CONTENTS

SECTION PAGE NO.

Invitation for Bids

Instructions to Bidders

Bid Form / Contract No. CD 50 7.5......................C-1 to C-5

Bid Bond...............................................D-1 to D-2

General Conditions....................................E-1 to E-30

Supplemental General Conditions.......................F-1 to F-18

Procurement Compliance Package Checklist

TECHNICAL SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

Section 01000 – Scope.....................................01000-1

Section 01020 - Summary of Work...........................01020-1

Section 01040 – Coordination..............................01040-1

Section 01041 – Supplemental Mechanical Conditions........01041-1

Section 01090 - References................................01090-1

Section 01300 – Submittals................................01300-1

Section 01551 – Barriers and Enclosures...................01551-1

Section 01650 – Facility Startup/Commissioning............01650-1

Section 01800 – Substantial Completion....................01800-1

DIVISION 2 - SITE WORK

Section 02000 – Site Work.................................02000-1

Section 02040 – Site Preparation..........................02040-1

Section 02050 – Demolition................................02050-1 ii 569/ CD50 7.5

DIVISION 3 - CONCRETE

Section 03600 – Grout.....................................03600-1

Division 7 - Thermal and Moisture Protection

Section 07900 - Joint Sealers.............................07900-1

Division 8 - Doors and Windows

Section 08120 – Aluminum Doors ...........................08120-1

Section 08710 – Finish Hardware...........................08710-1

Section 08713 – Automatic Door Operators..................08713-1

Section 08800 – Glass and Glazing ........................08800-1

Measurement and Payment................................H-1 to H-2

Agreement / Contract No. CD 50 7.5.....................J-1 to J-4

Payment Bond...........................................K-1 to K-3

Performance and Maintenance Bond.......................K-4 to K-6

Certificate of Insurance......................................K-7

Invitation for Bids South Hills Area Council of Governments HEREBY GIVES NOTICE that specifications and proposal forms for furnishing all labor and materials and professional consulting and/or construction services for the following project entitled:

CD 50-7.5b: West Mifflin Borough Building ADA Door Project may be obtained through pennbid.net (“PennBid”) available March 12, 2026.

A complete set of bidding documents and bid specifications are available at no cost and may ONLY be received and accepted via the online electronic bid service of PennBid.

Questions regarding these projects shall be submitted via the “Clarifications from Vendors” feature within PennBid. Bids will be received until 10:00 A.M. April 2nd, 2026, by the QVCOG through PennBid. Bids will be electronically opened at 10:01 A.M. on Thursday, April 2nd, 2026. Bids must be accompanied by a bid bond of not less than 10%.

“Compliance is required with the Davis-Bacon Act and other Federal Labor Standard Provisions; Title VI and other applicable provisions of the Civil Rights Act of 1964; the Department of Labor Equal Opportunity Clause (41 CFR 60 – 1.4); Section 109 of the Housing and Community Development Act of 1974; Executive Order 11625 (Utilization of Minority Business Enterprise); Executive Order 12138 (Utilization of Female Business Enterprise); in compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.

Further, notice is hereby given that this is a Section 3 Project under the Housing and Urban Development Act of 1968, (as amended) and must to the greatest extent feasible, utilize lower income residents for employment and training opportunities and Section 3 Business concerns and all contracts and subcontracts for this project shall contain the “Section 3 Clause” as set forth in 24 CFR, Part 135.38. Moreover, compliance is required by the prime contractor and all subcontractors with the Federal General Conditions included in the contract documents between the County of Allegheny through its Department of Economic Development and the operating agency. These Federal General Conditions are to be incorporated by reference into all construction contracts between operating agency and contractor, contractor and subcontractor(s), and subcontractor(s) and lower tiered subcontractor(s).”

The South Hills Area Council of Governments and/or West Mifflin Borough reserves the right to reject any and all bids, alternates or parts of bids and to waive any informality in the proposals received.

Patrick Conners, SHACOG Executive Director

SOUTH HILLS AREA COUNCIL OF GOVERNMENTS

INSTRUCTIONS TO BIDDERS

1. All proposals must be submitted electronically through pennbid.net

2. The communities for which bids are being requested have different specifications and instructions for construction of projects identified, bidders must submit proposals in accordance with the specifications of these communities, including using their forms for the submission of proposals as well as completing any required SHACOG forms.

3. If the specifications provide for the submission of alternate bids, the bid must clearly indicate whether an alternate bid is included. Each alternate bid must be clearly and separately set forth.

4. Proposals must be accompanied by a bid bond in the amount of ten (10%) percent of the bid, made payable to SHACOG.

5. The bids will remain firm for a period of ninety (90) days.

6. The successful bidder must furnish a Surety Company Performance Bond in the amount of one hundred (100%) percent of the contract price. The successful bidder must also furnish a Surety Company Labor and Materials Bond in the amount of one hundred (100%) percent of the contract price. Upon completion of the project a TWO (2) year maintenance bond must be provided, dated as of the day of acceptance by the appropriate municipal engineer, in the amount and terms specified in the bid material for that project. In the event no provision for maintenance bond is set forth, the amount shall be fifty (50%) of the contract price for the stipulated two (2) year period.

7. The successful bidder shall furnish certificates of insurance evidencing the following coverage as follows:

• Automobile Liability Insurance $1,000,000 Aggregate Bodily Injury and Property Damage

• Comprehensive General Liability Insurance $1,000,000

Aggregate Bodily injury and Property Damage

• Workers Compensation Insurance $500,000

The above listed coverages are minimums. If higher limits are stipulated in the detailed specifications, those higher limits shall prevail and shall be met by the successful bidder.

8. If the bidder is a Corporation, the proposal must be signed by the President or Vice President and attested to by the Secretary. Alternate signatures must be accompanied by a corporate resolution certifying and authorizing those individuals to submit and sign the proposal. If the bidder is a Sole Proprietor or Partnership, the proposal must be signed by the sole proprietor or a partner. Alternate signatures must be accompanied by a Power of Attorney certifying and authorizing those individuals to submit and sign the proposal.

9. No bid may be withdrawn after the bid opening. (In submitting this bid the bidder specifically waives the provisions of 73 P.S. Section 1601 et seq. Pertaining to Public Contracts and withdrawal of Bids.) All bids will then remain firm for a period of ninety (90) days.

10. Compliance is required with the Davis-Bacon Act (Demolitions are excluded from the Davis-Bacon Act wage requirements) and other Federal and local labor and minority standards. The bidder is cautioned to examine all pertinent bid materials and submit all required bid documents. FAILURE TO SUBMIT ALL REQUIRED FORMS MAY

INVALIDATE THE BID.

11. This project is being funded, in part, through the U.S. Department of Housing and

Urban Development (HUD). The successful bidder must be prepared to comply with all Federal statutes regarding the use of Federal Funds. This includes the submission of weekly payroll forms and other reports as required by HUD, the Department of Labor and the Allegheny County Department of Economic Development.

12. Award of the bid is contingent upon the release of funds by HUD.

13. SHACOG and/or the host municipality reserves the right to waive any informality or to reject any or all proposals.

14. Unique Entity Identification and CAGE Numbers: In accordance with HUD regulations, organizations receiving Federal funding are required to register via the System for Award Management (SAM) to obtain a Unique Entity Identification Number & CAGE Number. In order to get a CAGE number, you must first obtain a UEID number. To obtain this unique identification number go to the following website:

SAM.gov or call 1-866-606-8220 for further information. The UEID number must be renewed on a yearly basis. Proof of registration is mandatory, to be considered for funding.

SPECIAL NOTICE TO BIDDERS

Although SHACOG is the official signatory to the contract with the successful bidder (contractor), SHACOG is acting as agent for the municipality in soliciting this proposal, awarding the contract and monitoring contract performance. All work must be performed to the satisfaction of the subject municipality. Any construction problems or disputes must be resolved by the contractor and the municipality. All requests for payment must be processed through the municipality. No payments will be made unless first approved by the municipality. Although all payments will be made through the SHACOG office, SHACOG will be directly responsible only for that share of the project being paid from Community Development Block Grant Funds. Any and all portions of the project payable by the municipality cannot and will not be paid until those funds are received from the municipality. Payment from Allegheny County Economic Development Funds may take between 4 to 8 weeks from the time it is processed from the SHACOG office. When submitting payment requests, the contractor should, therefore, anticipate the approval time required by the municipality and the processing time required by the County.

SOUTH HILLS AREA COUNCIL OF

GOVERNMENTS

Compliance Paperwork and Instructions for Contractors

1. All signatures must be signed in BLUE INK.

2. Complete all forms as necessary.

3. Submit completed forms electronically with bid.

C-1 569/CD 50 7.5

Section C

BID FORM - CONTRACT NO. CD 50 7.5

Project Identification: Borough of West Mifflin

ADA Door Replacement

Contract Number: Contract No. CD 50 7.5

This Bid is Submitted to: South Hills Area Council of

Governments

2600 Old Greentree Road

Pittsburgh, PA 15106

C1 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in Section J of the Contract Documents and, to complete all Work as Specified and within the Contract Time indicated in this Bid, in accordance with the Contract Documents.

C2 BIDDER accepts all of the terms and conditions of the Instructions to Bidders and other components of the Contract Documents. This Bid may not be withdrawn for sixty (60) days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within fifteen days after the date of OWNER's Notice of Award.

C3 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

C3.1 Bidder has examined copies of all Contract Documents including Sections A through K and all Drawings, and the following Addenda designated as Section L (if any):

Date of Issuance Addenda Number receipt of all which is hereby acknowledged.

C3.2 BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the

C-2 569/CD 50 7.5

work and has made such independent investigations as BIDDER deems necessary. BIDDER has satisfied itself as to the conditions to be encountered both overhead and on the surface of the ground and/or within existing structures and of the character, quality and quantities of work to be done, materials to be furnished, services required and all other terms of the Technical Specifications and other Contract Documents. BIDDER assumes all risks inherent in performing the work and arising from any deficiencies in the Drawings or Specifications or other Contract Documents and will make no claim against the OWNER or the ENGINEER because of any such alleged deficiency.

C3.3 This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation, BIDDER has not directly or indirectly induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER.

C4 BIDDER will complete the Work under Contract No. CD 50 7.5 for the following Lump Sum Price:

Lump Sum Contract Price Contract No.CD 50 7.5

(Words)

(Figures)

C5 Award will be based on the lowest cost for base bid structures. The Borough reserves the right to award any additional structure option.

C6 BIDDER agrees that the Work will be completed within Sixty

(60) Calendar days after the date when the Contract Time commences

C7 BIDDER understands and agrees to coordinate his construction activities with those of the OWNER, the ENGINEER and the other CONTRACTORS.

C-3 569/CD 50 7.5

C8 BIDDER accepts the provisions set forth in the Agreement in Section J of the Contract Documents as to liquidated damages in the event of failure to complete the Work on time.

C9 BIDDER recognizes the problem in identifying exact locations of reputed underground utility pipelines, structures, and/or appurtenances and in classifying, during the bidding period, the subsurface conditions which will be encountered during construction and, in submitting this bid, has included any and all costs in connection therewith and shall not seek any extra compensation for performing the work because of those actual prevailing conditions.

C10 The required Bid Security in the form of a certified bank check, or a Bid Bond, the form for which is included as Section D of the Contract Documents, is in the amount of 10% of the Amount of the Bid.

C11 Communications concerning this Bid shall be addressed to the BIDDER at the address stated on the following page.

C12 The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions.

C13 BIDDER recognizes that site safety, for all persons (including OWNER and ENGINEER PERSONNEL) who enter the work site, will be the complete responsibility of the BIDDER, if the BIDDER is awarded the Contract and enter into Agreement with the OWNER for the proposed work. The BIDDER certifies acceptance of the site safety responsibility by signing this Bid Form.

Submitted on ________________________ 20___.

(Execute the Bid Form on the following page)

C-4 569/CD 50 7.5

IF BIDDER is:

An Individual

___________________________ by:_______________________________ (Address and Telephone) (Attest)

(Printed Name)

A Partnership

(Name of Firm)

(General Partner)

__________________________ by:________________________________ (Address and Telephone) (Attest)

(Printed Name and Title)

A Corporation

(Name of Corporation)

___________________________ by:_______________________________ (Address and Telephone) (Attest)

(Printed Name and Title)

(Witness)

(Printed Name and Title)

A Joint Venture

___________________________ by:________________________________

__________________________ by:________________________________

(Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a part to the joint venture should be in the manner indicated above.)

SSSEEEAAALLL

CCCOOORRRPPP

SSSEEEAAALLL

SSSEEEAAALLL

D-1 569/CD 50 7.5

Section D

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we _________________________ as Principal and ________________________________________________ of ________________________________, State of __________________, a corporation existing under the laws and the State of __________ ________________________, and authorized to transact business in ______________________, as Surety, are held and firmly bound unto

(OWNER)

(Address) hereinafter called the Obligee, in the sum of ___________________ _________________________Dollars ($____________________________).

lawful money of the United States of America, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Proposal or Bid dated _________________, 20___, for the _______________________________

NOW THEREFORE, the condition of this Bond shall be such that if the Principal, upon due acceptance of said Proposal and award of the Contract to him by the Obligee, bonds with good and sufficient surety as may be required by the Contract Documents, and furnishes the Obligee proper evidence of effectiveness of insurance coverage, respectively, within the time, in the forms and in the amounts as appropriate, required by the Contract Documents, and enters into a Contract with the Obligee in accordance with the Contract Documents, then this Bond shall be void; otherwise, the Bond shall be and shall remain in full force and effect.

The Principal and Surety hereby stipulate and agree that if the Principal fails to perform all conditions of this Bond, they will pay the sum of the Bond to the Obligee as fixed, liquidated damages.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of time within which the OWNER may accept such bid; and said Surety does hereby waive notice of any extension.

D-2 569/CD 50 7.5

It is the intention of the parties to be legally bound by this instrument.

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this ____ day of ___________, 20___, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned and representative, pursuant to authority of its governing body.

ATTEST: DATE ___________________, 20_____

WITNESS: _________________________________

Name of Bidder, Corporation, Firm or Individual

_________________________ By_______________________________

(Title)

Business Address of Bidder

ATTEST:

Surety

Attorney-in-Fact

IMPORTANT - Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

E-1

Section E

GENERAL CONDITIONS

E1 Definitions

Wherever used in these General Conditions or in the other

Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

Addenda

Written or graphic instruments issued prior to the opening of bids which clarify, correct or change the bidding documents or the Contract Documents and which will be included as Section L of the Contract Documents for award and construction.

Advertisement

The legally published and/or distributed notification to prospective Bidders and others of the Project and the OWNER's intent to receive bids on same. The Advertisement is included as

Section A of these documents.

Agreement

The written agreement between OWNER and CONTRACTOR covering the

Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. The

Agreement is included as Section J of the Bidding/Contract

Documents.

Application for Payment

The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract

Documents, Section H.

Bid

The offer or proposal of the bidder submitted on the prescribed

Bid Form setting forth the prices for the Work to be performed.

Bid Forms are Section C of these documents.

Bonds

Bid, performance, payment, labor and materialsmen, maintenance and special bonds and other instruments of security. The Bid

Bond form is Section D; other Surety Bond forms are Section K of these documents.

E-2

Change Order

A document signed by CONTRACTOR and OWNER which authorizes an addition, deletion or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the

Effective Date of the Agreement.

Contract Documents

The Advertisement, Instructions to Bidders, Bid Form, Bid Bond, General Conditions, Supplemental General Conditions, Technical

Specifications, Measurement and Payment, Agreement, Bonds, Addenda and Drawings together with all modifications and supplements issued as Change Orders on or after the Effective

Date of the Agreement.

Contract Price

The moneys payable by OWNER to CONTRACTOR under the Contract

Documents as stated in the Agreement.

Contract Time

The number of calendar days stated in the Bid Form and in the

Agreement for the completion of the Work.

CONTRACTOR

The person(s), firm(s) or corporation(s) with whom OWNER has entered into the Agreement.

Drawings

The drawings, plans, details, supplemental details, graphics, diagrams, photo reproductions and other representations which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and/or the

OWNER.

Effective Date of the Agreement

The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the parties to sign and deliver.

ENGINEER

KLH Engineers, Inc.

General Conditions

Terms pertaining to the Contract and the performance of the Work thereunder that are of frequent and continuing applicability.

The General Conditions are included as Section E of these documents.

E-3

Laws and Regulations

Laws, rules, regulations, ordinances, codes appertaining to the conduct of and/or location of the work.

Insurance

Protection provided to the parties to the Contract as required by the General Conditions and the Supplemental General

Conditions and evidenced by either insurance policies or certificates of insurance coverages. Form of certificate and coverages is included under Section K.

Measurement and Payment

The conditions under which payments are to be determined and made to the CONTRACTOR for Work performed under the Contract or as an addition to or deduction from the Contract. The

Measurement and Payment provisions are included as Section H.

Notice of Award

The written notice by the OWNER or ENGINEER to the apparent

Successful Bidder stating that the Contract has been awarded to it.

Notice to Proceed

A written notice given by the OWNER or ENGINEER to CONTRACTOR fixing the date on which the Contract Time will commence. When such Notice to Proceed is not issued, the Contract Time will commence on the date appearing in the Agreement (Section J).

OWNER

The private or public agency with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided.

Partial Utilization

Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching

Substantial Completion for all the Work.

Project

The total construction of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents.

Resident Project Representative

The authorized representative of the ENGINEER or the OWNER who is assigned to the site or any part thereof, for the purpose of monitoring the construction of the work under this contract.

E-4

Shop Drawings

All drawings, diagrams, illustrations, schedules, catalog information and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and which are submitted by CONTRACTOR for review and/or approval for incorporation in the Work.

Technical Specifications

Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. They are

Section G of these documents.

Subcontractor

An individual, firm or corporation having a direct contract with

CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site.

Substantial Completion

The Work (or a specified part thereof) which has progressed to the point where, in the opinion of the OWNER and/or ENGINEER, it is sufficiently complete, in accordance with the Contract

Documents, so that the WORK (or specified part) can be utilized for the purposes for which it is intended.

Supplemental Details

Certain drawings, plans, details, characteristic curves, graphics, diagrams, photo reproductions, tabular data or other representation respective to the Work and which are bound in the rear of the Bidding/Contract Documents Book as Section I.

Supplemental General Conditions

The part of the Contract Documents which amends or supplements these General Conditions (if any). They are Section F of these documents.

Supplier

A manufacturer, fabricator, supplier, distributor, materialman or vendor.

Unit Price Work

Work to be paid for on the basis of unit prices.

E-5

Work

The entire construction or the various separately identifiable parts thereof required to be furnished under the Contract

Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract

E2 Preliminary Matters

E2.1 Delivery of Bonds

When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with the Contract

Documents. The Surety Bond forms are attached as Section K of these documents.

E2.2 Copies of Documents

OWNER shall furnish to CONTRACTOR two copies of the Contract

Documents for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction.

E2.3 Public Works Employment Verification Act

The Contractor and any Subcontractor(s) shall participate in the

E-Verify Program operated by the United States Department of

Homeland Security that electronically verifies employment eligibility for employees (“EVP”) and shall, subject to the requirements of federal law governing the use of EVP, use EVP to verify employment eligibility of each new employee hired after

January 1, 2013, whether such employee will be working onsite or offsite of the Work or otherwise. Contractor and any

Subcontractor(s) shall prove participation with EVP through providing the Owner with a fully completed and unaltered Public

Works Employment Verification Form, as provided by the

Pennsylvania Department of General Services, and available at www.dgs.state.pa.us, for each employee hired by the Contractor after January 1, 2013, whether the employee will be working onsite or offsite of the Project or otherwise. Each new employee hired by Contractor or Subcontractor(s) after January 1, 2013 shall be verified within 5 business days of his start date, whether such employee will be working onsite or offsite of the

Project or otherwise.

A Subcontractor must submit to the Contractor and the Contractor must submit to the Owner, a fully complete and unaltered Public

Works Employment Verification Form prior to commencing work.

E-6

The Contractor and Subcontractor(s) shall maintain documentation of continued compliance with the Public Works Employment

Verification Act by utilizing the EVP for new employees hired throughout the duration of the public works contract.

Neither the Contractor nor Subcontractor(s) shall discriminate against an employee on the basis of race, ethnicity, color or national origin while utilizing the EVP for verification purposes.

Contractors and Subcontractor(s) shall cooperate with the

Pennsylvania Department of General Services and/or any other competent authorities during any investigation or audit arising under the Act.

Contracts between the Contractor and Subcontractor(s) and

Suncontractor(s) with Subcontractor(s) shall contain provisions substantially similar to the following:

“This Agreement is subject to the requirements of the Public

Works Employment Verification Act, Act 127 of 2012, 43 P.S. §§

167.1-167.11, and applicable regulations and guidelines, 4

PA.Code Ch. 66 (the “Act”). Generally, the Act requires that prior to beginning work on a public works contract;

Subcontractors are required to submit to the public body awarding the contract a fully completed and unaltered Public

Works Employment Verification Form, as provided by the

Pennsylvania Department of General Services, and available at www.dgs.state.pa.us. Each new employee hired by Subcontractor after January 1, 2013 shall be verified within 5 business days of his start date, whether such employee will be working onsite or offsite of a public work or otherwise.

The Subcontractor(s) shall maintain documentation of continued compliance with the Public Works Employment Verification Act, Act 127 of 2012, 43 P.S. §§ 167.1-167.11, by utilizing the E-

Verify Program for new employees hired throughout the duration of the public works contract. Subcontractor(s) shall not discriminate against an employee on the basis of race, ethnicity, color or national origin while utilizing the E-Verify

Program operated by the United States Department of Homeland

Security for verification purposes. Subcontractor(s) shall cooperate with the Pennsylvania Department of General Services and/or any other competent authorities during any investigation or audit arising under the Act.”

E-7

E2.4 Commencement of Contract Time; Notice to Proceed

The Contract Time will commence on the effective date of the

Agreement or if a Notice to Proceed is given, on the date indicated in the Notice to Proceed. A Notice to Proceed may follow contract award by OWNER by no more than 45 days, unless otherwise specifically noted within Section B, Instructions to

Bidders.

E2.5 Starting the Project

CONTRACTOR may start to perform the Work on the date when the

Contract Time commences, but no Work shall be done at the site prior to the date on which the Contract Time commences. If scheduled by the Engineer, the CONTRACTOR will be required to attend a pre-construction meeting.

Within ten days after the Effective Date of the Agreement

(unless otherwise specified in the General Requirements), CONTRACTOR shall submit to OWNER or his designee, for review:

- A proposed progress schedule indicating the starting and completion dates of the various stages of the work;

- A schedule of values for all of the Work. This will include quantities and prices of items aggregating the

Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction.

Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates, and other evidence of insurance requested by OWNER which CONTRACTOR is required to purchase and maintain in accordance with the

Contract Documents.

E3 Intent of the Contract Documents

E3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract

Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the

Project.

If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once, and

E-8 before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from ENGINEER; any work performed by CONTRACTOR without reporting such conflicts, errors, or discrepancies, in writing, to the ENGINEER will be at the CONTRACTOR's risk.

In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized, in one or more of the following ways:

- ENGINEER'S approval of Shop Drawing(s) or sample(s)

- ENGINEER's written interpretation or clarification

E4 Availability of Lands; Report of Differing Conditions;

Underground Facilities; Reference Points

E4.1 Availability of Lands

OWNER shall furnish the lands upon which the Work is to be performed and rights-of-way and easements which, in the opinion of the ENGINEER, are required for construction. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities, specific access routes to the site of the work or storage of materials and equipment.

E4.2 Report of Differing Conditions

If CONTRACTOR believes that any physical condition uncovered or revealed at the site differs materially from that indicated, reflected or referred to in the Contract Documents, he shall promptly, after becoming aware thereof and before performing any Work in connection therewith (except in an emergency), notify OWNER and ENGINEER in writing about the difference.

E4.3 Underground Facilities

The information and data shown or indicated in the Contract

Documents with respect to existing underground utilities, structures and/or other facilities at or contiguous to the site, is based on information and data furnished to OWNER or

ENGINEER by the owners of such underground facilities or by others. CONTRACTOR shall have full responsibility for:

reviewing and checking all such information and data; for locating all underground facilities; and for coordination of the Work with the owners of such underground facilities during construction and repairing any damage thereto resulting from

E-9 the Work, the cost of all of which will be considered as having been included in the Contract Price. PA One Call regulation will be used to determine compensation due to the Contractor if required by law.

E4.4 Definition of "Underground Facilities"

For the purposes of this paragraph, the term "underground facilities" includes without limitation: pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials:

electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, water, wastewater or stormwater.

E4.5 Reference Points

OWNER will provide certain reference points for construction which in ENGINEER's judgment are adequate to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for surveying and laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER.

CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or required relocation because of necessary changes in grades or locations and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel.

E5 Bonds and Insurance

E5.1 Performance and Other Bonds

CONTRACTOR shall furnish Bonds, each in an amount equal to the

Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract

Documents; CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. All Bonds shall be in the forms prescribed by the bidding documents or Supplemental

General Conditions and be executed by such Sureties as are named in the current list of "Companies Holding Certificates of

Authority as Acceptable Sureties on Federal Bonds and as

Acceptable Reinsuring Companies" as published in Circular 570

(amended) by the Audit Staff Bureau of Accounts, U. S. Treasury

Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act.

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If the Surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of the above paragraph, CONTRACTOR shall within five days thereafter, substitute another

Bond and Surety, meeting the OWNER's approval.

E5.2 Contractor's Liability Insurance

CONTRACTOR shall purchase and maintain such insurance as is appropriate for the Work being performed and furnished and will provide protection from claims which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and

CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any

Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable.

The insurance required shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplemental General Conditions. The

Certificate of Insurance included in Section K of these documents shall be required to be completed prior to the commencement of any construction work. All of the policies of insurance required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused, until at least ten days' prior written notice has been given to OWNER and

ENGINEER. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, maintaining, repairing or replacing defective Work.

E6 Certain Responsibilities of the CONTRACTOR

E6.1 Supervision and Superintendence

CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. CONTRACTOR shall be responsible to see that the finished Work complies with the requirements of the Contract Documents.

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CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be

CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications during construction and before issuance of the Final Payment, given to the superintendent, shall be as binding as if given to

CONTRACTOR.

E6.2 Labor, Materials and Equipment

CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and

CONTRACTOR will not permit overtime work or the performance of

Work on Sunday or any legal holiday without OWNER's written consent.

CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, start-up and completion of the Work.

All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required, CONTRACTOR shall furnish satisfactory evidence

(including reports of required tests) as to the kind and quality of materials and equipment.

All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to impose on ENGINEER responsibility for the means, methods, techniques, sequences or procedures of construction or for safety precautions or programs incident thereto.

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E6.3 Adjusting Progress Schedule

CONTRACTOR shall submit to ENGINEER adjustments in the progress schedule to reflect the impact thereon of new developments;

these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the

Contract Documents applicable thereto. Progress schedules shall be updated on a monthly basis and be submitted for review and discussion at the regularly scheduled progress meetings.

E6.4 Substitutions

Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required.

Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other

Suppliers may be approved if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent to that named. The OWNER's decision to accept or not accept substitutions (either conditionally or otherwise) will be final.

E6.5 Concerning Subcontractors, Suppliers and Others

CONTRACTOR shall not employ any Subcontractor, Supplier

(including those who are to furnish the principal items of materials or equipment) or other person or organization to perform or furnish any of the Work whether initially or as a substitute, without the prior written approval of the OWNER.

Acceptance of any such Subcontractor, Supplier or other person or organization by OWNER or ENGINEER shall not constitute a waiver of any right of OWNER or ENGINEER to reject defective

Work or any Work which may otherwise not be in conformance with the Contract Documents. Contracts with Subcontractors shall contain the information required by Section E2.3, supra, and

Subcontractors shall not be authorized to commence any of the

Work without the Owner having received a fully completed and unaltered Public Works Employment Verification Form, available at www.dgs.state.pa.us.

CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such

Subcontractor, Supplier or other person or organization, nor

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Subcontractor, Supplier or other person or organization.

The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade.

All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the

Subcontractor which specifically binds the Subcontractor to all terms and conditions of the Contract Documents.

E6.6 Indemnity

CONTRACTOR agrees to protect, defend, indemnify, exonerate and hold OWNER and ENGINEER harmless from and against any and all suits, claims, liability, losses, liens and demands, fines, costs, criminal and civil penalties, cause of action or any other obligations arising out of or in any manner connected with incidents involved in bodily injury, death, property damage or any violation or alleged violation of any federal, state, provincial or local law or regulation, except as solely caused by the OWNER and/or ENGINEER.

E6.7 Permits

Unless otherwise provided in the Supplemental Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids.

E6.8 Laws and Regulations

CONTRACTOR shall give all notices and comply with all Laws and

Regulations applicable to performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring

CONTRACTOR's compliance with any Laws or Regulations.

If CONTRACTOR observes that the Specifications or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give

ENGINEER prompt written notice thereof, and any necessary changes will be authorized. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such

Laws or Regulations and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom.

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E6.9 Taxes

CONTRACTOR shall pay all sales, consumer, use, business and occupation and other similar taxes required to be paid by

CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work.

E6.10 Use of Premises

CONTRACTOR shall confine its work on the Project site and land and areas to which the OWNER holds title, rights-of-way, permits, or easements. Contractor shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER or resulting from the acts and/or deeds of the CONTRACTOR, its agent and/or employees, or invitees, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and

ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER or ENGINEER arising in whole, or in part, out of CONTRACTOR's performance of the Work.

During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the

Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore the original condition all property not designated for alteration by the

Contract Documents.

CONTRACTOR shall not impose any load nor permit any part of any structure or pipeline to be loaded in any manner that will endanger said structures or pipelines, nor shall CONTRACTOR subject any part of the work or adjacent property to stresses or pressures that will endanger it.

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E6.11 Record Documents

In addition to any requirements imposed by law or regulations, CONTRACTOR shall maintain at the site one record copy of all

Drawings, Specifications, Addenda, Change Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. Said documents together with all approved Shop Drawings will be available to

OWNER for reference. Upon completion of the Work, the documents, samples and Shop Drawings will be delivered to the OWNER.

E6.12 Safety and Protection

CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:

- All employees on the Work and other persons who may be affected thereby.

- All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, and

- Other property at the site or adjacent thereto, including…