1-CD 51-3.12.8 Specs and Drawings.pdf

STEEL RIVERS COUNCIL OF GOVERNMENTS

Request for Bids

July 2026

CD 51-3.12.8

SANITARY SEWER POINTS REPAIRS

CLAIRTON MUNICIPAL AUTHORITY

City of Clairton

Steel Rivers Council of Governments

1705 Maple Street, Room 100

Homestead, PA 15120

412-462-7600 (phone)

412-462-3986 (fax)

KLH Engineers, Inc.

5173 Campbells Run Road

Pittsburgh, PA 15205

Phone: 412-494-0510

Ref. No. 273-172

Project Timeline: 120-Day Completion Period

ISSUED TO:

CLAIRTON MUNICIPAL AUTHORITY

ALLEGHENY COUNTY, PENNSYLVANIA

BIDDING DOCUMENTS FOR

CONTRACT NO. 2025-04

CDBG YEAR 51

CMA SANITARY SEWER REPLACEMENTS

RELEASED FOR BID

JUNE 2026

Copyright © 2025 KLH Engineers, Inc., All Rights Reserved Worldwide. No part of this document may be reproduced or transmitted in any form, by any means without written permission, except for brief excerpts in reviews or analysis.

5173 Campbells Run Road

Pittsburgh, PA 15205

Telephone: (412) 494-0510

Fax: (412) 494-0426

E-mail: info@klhengineers.com

Ref. No. 273-172

Copyright © 2025 KLH Engineers, Inc.

All Rights Reserved Worldwide i 273/2025-04

CLAIRTON MUNICIPAL AUTHORITY

CONTRACT NO. 2025-04

CDBG YEAR 51

CMA SANITARY SEWER REPLACEMENTS

TABLE OF CONTENTS

SECTION PAGE NO.

Bid Form / Contract No. 2025-04........................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

TECHNICAL SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

Section 01001 – Utility Construction Scope................01001-1

Section 01010 – Drawings Index............................01010-1

Section 01021 - Summary of Utility Construction Work......01021-1

Section 01039 – Coordination Utility Construction.........01039-1

Section 01042 – Supplemental Construction Conditions......01042-1

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

Section 01301 – Submittals for Utility Construction.......01301-1

Section 01500 – Temporary Facilities & Controls...........01500-1

Section 01550 – Traffic Control...........................01550-1

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

Section 01571 – Temporary Erosion and Sediment Control....01571-1

Section 01651 – Utility Pipeline/Commissioning............01651-1

Section 01700 – Rights of Way.............................01700-1

Section 01740 – Clean Up of Work Site.....................01740-1

Section 01741 – Dust and Mud Control......................01741-1

Section 01801 – Utility Substantial Completion............01801-1 ii 273/2025-04

DIVISION 2 - SITE WORK

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

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

Section 02080 – Bypass Sewage.............................02080-1

Section 02140 – Dewatering................................02140-1

Section 02150 – Shoring...................................02150-1

Section 02220 – Excavating, Backfilling, and Compacting...02220-1

Section 02280 – Soil Treatment............................02280-1

Section 02500 – Paving & Surfacing........................02500-1

Section 02609 – Detectable Marking Tape...................02609-1

Section 02730 – Piped Wastewater Sewer....................02730-1

Section 02731 – Manholes & Vaults.........................02731-1

Section 02766 – Steam Cured CIPP..........................02766-1

Section 02959 – Television Inspection.....................02959-1

Section 02960 – Sanitary Sewer Cleaning...................02960-1

DIVISION 3 - CONCRETE

Section 03010 – Concrete Work.............................03010-1

Section 03100 – Concrete Formwork.........................03100-1

Section 03200 – Concrete Reinforcement....................03200-1

Section 03300 – Cast-in-Place Concrete....................03300-1

Section 03345 – Concrete Finishing........................03345-1

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

Section 03700 – Concrete Restoration......................03700-1

DIVISION 6 – Wood and Plastics

Section 06100 – Rough Carpentry...........................06100-1

Measurement and Payment................................H-1 to H-8

Supplemental Details.........................On Contract Drawings

Agreement / Contract No. 2025-04.......................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

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

The CONTRACTOR shall be responsible for purchasing all sets of

Contract Documents to be used in the progress of the work.

Specification documents will be available for purchase from

Accu-Copy Reprographics at the address shown on the

Advertisement for the cost of reproduction. Unauthorized reproduction of the drawings or the specifications by the

CONTRACTOR shall not be permitted.

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.

E-6

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.

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

Subcontractor(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

E-9 construction and repairing any damage thereto resulting from 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.

E-10

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.

E-11

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.

E-12

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

E-13 shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any

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.

E-14

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.

E-15

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 trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.

CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utility owners when prosecution of the

Work may affect them, and shall cooperate with utility owners in the protection, removal, relocation, and replacement of their property. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by CONTRACTOR, any

Subcontractor, Supplier or person directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR at CONTRACTOR's sole cost (except damage or loss caused solely by the negligent acts or omissions of OWNER or ENGINEER). Nothing herein shall be construed to impose any obligation upon the OWNER or ENGINEER to supervise, inspect or otherwise police the CONTRACTOR's

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CONTRACTOR in observance of the requirements of this paragraph.

E6.13 Emergencies

In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from

ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if he believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If OWNER determines that a change in time or contract sum is required because of the action taken in response to an emergency, a Change Order will be issued to document the consequences of the changes.

E6.14 Shop Drawings and Samples

After checking and verifying all field measurements and compliance with applicable procedures specified in the Contract documents CONTRACTOR shall submit to ENGINEER for review and approval a minimum of six copies of all Shop Drawings. The data shown on the Shop Drawings shall be complete with respect to quantities, dimensions, specified performance criteria, materials, and similar data, as well as specification exceptions and deviations to enable ENGINEER to review the information with respect to requirements of the Contract Documents.

CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples shall be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended.

Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the

Work and the Contract Documents.

ENGINEER will review and return within twenty-one calendar days of the receipt thereof all Shop Drawings and samples, but

ENGINEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend

E-17 to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence, or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit new samples as required for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by

ENGINEER on previous submittals.

ENGINEER's review and approval of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless

CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission. Any approval by

ENGINEER shall not relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or coordination with the detailed plans and/or other Shop Drawings.

No work associated with information provided with the shop drawings shall be permitted until the same information is returned approved by the ENGINEER. Any work performed without shop drawing approval shall be performed at the CONTRACTOR’s risk and responsibility.

E6.15 Continuing the Work

CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No

Work shall be delayed or postponed pending resolution of any disputes or disagreements.

E7 Other Work

E7.1 Related Work at Site

OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by utility owners or let other direct contracts therefore which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract

Documents, notice thereof will be given to CONTRACTOR by the

OWNER or his representative prior to starting any such other work; and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or required additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefore.

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CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER, if OWNER is performing the additional work with OWNER's employees), proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of

ENGINEER and the others whose work will be affected.

If any part of CONTRACTOR's Work depends upon proper execution or results on the work of any other contractor or utility owner, CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for proper execution and results. CONTRACTOR's failure to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or non apparent defects and deficiencies in the other work.

E7.2 Coordination

If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors (the

"Coordinating Contractor") may be identified in the Supplemental

General Conditions and the specific matters to be covered by such authority and responsibility will be itemized and the extent of such authority and responsibilities will be provided in the Supplemental General Conditions. Notwithstanding any of the above, neither the OWNER nor the ENGINEER assumes any responsibility for the coordination of the activities or the work among the various prime contractors. In the event that any contractor is delayed by the coordinating contractor or any other contractor, it shall have no claim or cause of action against the OWNER or ENGINEER and its exclusive remedy for such delay shall be against the CONTRACTOR or coordinating contractor responsible for the delay. The ENGINEER's interpretation shall be final and binding upon all interested parties.

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E7.3 Clarifications and Interpretations

ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the

Contract Documents (in the form of Drawings or otherwise) as

ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract

E8 Changes in the Work

E8.1 Without invalidating the Agreement and without notice to any surety, OWNER may, at any time order additions, deletions, or revisions in the Work; these will be authorized by a Change

Order. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the changes in the Work involved which will be performed under the applicable conditions of the

Contract Documents (except as otherwise specifically provided).

E8.2 OWNER and CONTRACTOR shall execute appropriate Change

Orders covering:

- Changes in the Work which are ordered by OWNER pursuant to the foregoing paragraph; are required because of acceptance of defective Work at the Owner's option; or are agreed to by the parties;

- Changes in the Contract Price or Contract Time which are agreed to by the parties; and

- Changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by ENGINEER; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the

Contract Documents and applicable law, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule.

E9 Change of Contract Price

E9.1 The Contract Price constitutes the total compensation

(subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price.

E9.2 The Contract Price may only be changed by a Change Order.

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Any claim for an increase or decrease in the Contract Price shall be based on written notice outlining the bases for the claim and be delivered by the party making the claim to the other party promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect, and consequential) to which the claimant is entitled as a result of the occurrence of said event.

E9.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways:

- Where the Work is covered by unit prices contained in the Contract Documents, value shall be determined by application of unit prices to the quantities of the items involved.

- By mutual acceptance of an agreed price if work is not covered by unit prices.

- If the Work is not covered by unit prices and the parties are unable to agree upon a price, the value shall be determined on the basis of the Cost of the

Work, plus a Contractor's Fee for overhead and profit, the total amount of which shall be determined on the basis of the sum of the following items (1) through

(6):

(1) The actual cost to the CONTRACTOR or subcontractor, if employed by the CONTRACTOR, of labor, including foremen (but not including superintendence), said cost to include Base

Wages, Social Security (FICA) payments, Federal and State Unemployment Compensation payments and

Workmen's Compensation payments;

(2) The actual cost to the CONTRACTOR or subcontractor of materials and equipment utilized or being installed permanently into the work; and expendable materials necessary for the conduct and performance of the work (as approved prior to performance of the work) -- the cost of all such approved permanent and expendable materials to be reconciled from suppliers' invoices;

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(3) The rental cost of construction machinery and equipment during the time of use on the extra work, said rental rates to be 75% of those published in daily, weekly and/or monthly rate schedules of a recognized Contractors' association;

(4) The actual cost of power and any other necessary utility services;

(5) Business and occupation, sales and/or other applicable taxes;

(6) An allowance for Profit and Overhead -- to be determined by calculating the sum of the following:

(a) The resultant obtained by multiplying the

Base Wages referred to in paragraph (1) above times a factor of 0.15;

(b) The resultant obtained by multiplying the actual cost of materials and equipment referred to in paragraph (2) above times a factor of 0.05;

(c) The resultant obtained by multiplying the cost of extra work if performed by subcontractor times a factor of 0.02.

E10 Change of Contract Time

E10.1 The Contract Time may only be changed by a Change Order.

Any claim for an extension or shortening of the Contract Time shall be based on written notice outlining the basis for the claim and be delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. Any failure to comply with the time limit set forth herein shall constitute a waiver of the CONTRACTOR's right to claim.

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E11 Warranty and Guarantee; Access to Work; Tests and

Inspections; Owner May Stop Work; Correction, Removal or

Acceptance of Defective Work

E11.1 Warranty and Guarantee

CONTRACTOR warrants and guarantees to OWNER that all Work will be in accordance with the Contract Documents and is not defective. Notice of all defects shall be given to CONTRACTOR after the same are detected. All defective Work, whether or not in place, shall be rejected and promptly corrected in accordance with paragraph E11.5.

E11.2 Access to Work

ENGINEER and ENGINEER's representatives, other representatives of OWNER, testing agencies and governmental…