1-Ohio Township Mt Nebo-Anrdt Signal Combined Bid Docs.pdf

Specifications and Contract Documents for Ohio Township

Traffic Signal Replacement at SR 4022/County Road 1190-1 (Mount Nebo Road) and SR 4022 (Arndt Road)

Prepared for:

Ohio Township

Prepared by:

Stantec

March 2, 2026

File: 2027131528, WO1

000005-1

Traffic Signal Replacement at SR 4022/County Road 1190-1 (Mount Nebo Road) and SR 4022 (Arndt Road) for Ohio Township

TABLE OF CONTENTS

SECTION DESCRIPTION

000005 Table of Contents

000030 Notice to Bidders (2 sheets)

000115 List of Drawings (1 sheet)

000430 Subcontractor Listing (1 sheet)

002113 Instructions to Bidders (3 sheets)

004113 Proposal and Contract (4 sheets)

004113_1 Bid Bond (3 sheets)

004113_2 Performance Bond (1 sheet)

004113_3 Payment Bond (1 sheet)

004113_4 Workers Comp Affidavit (1 sheet)

004113_5 Anti-Collusion Affidavit (1 sheet)

006000_1 General Conditions (29 sheets)

006000_2 Special Conditions (4 sheets)

006000_3 PA One Call (2 sheets)

00700 Guidelines for Administering and Enforcing the Public Works

Employment Verification Act (9 sheets)

ITEM 4952-1020 NEMA TS-1 CONTROLLER ASSEMBLY, TYPE 1 MOUNTING MODIFIED

(1 sheet)

ITEM 4954-0154 TRENCH AND BACKFILL, TYPE IV MODIFIED (1 sheet)

ITEM 4956-0601 RADAR DETECTION MODIFIED (1 sheet)

ITEM 9000-0005 CONCRETE WING WALL (1 sheet)

Drawing Traffic Signal Plans (2 sheets)

Prevailing Wage

Rates

Bureau of Labor Law Compliance

000115-1

SECTION 000115

LIST OF DRAWING SHEETS

1. Traffic Signal Plan Sheet

2. Traffic Signal Details and Tabulation of Quantities Sheet

000430-1

SECTION 000430

SUBCONTRACTOR LISTING

TO: Ohio Township, Allegheny County, PA hereinafter called "Owners"

1. Pursuant to bidding requirements for the Work titled:

Traffic Signal Replacement at SR 4022/County Road 1190-1 (Mount Nebo Road) and SR 4022 (Arndt Road) for portions of the Work equaling or exceeding 1/2 of 1% of the total proposed

Contract Sum the undersigned proposes to use the following subcontractors.

Except as otherwise approved by the Owners, the undersigned proposes to perform all other portions of the Work with his own forces.

2. Portion of Work: Subcontractor Name and Address:

If required, you may use additional sheets to list more subcontractor information. Please provide signature below identical to that shown on the bid form.

BIDDER:

BY:

002113-1

SECTION 002113

INSTRUCTIONS TO BIDDERS

1. THE WORK

Traffic Signal Replacement at SR 4022/County Road 1190-1 (Mount Nebo Road) and SR 4022 (Arndt Road).

2. SECURING DOCUMENTS

Bidders may obtain complete sets of the bidding documents online for no cost at www.pennbid.net.

3. SUBMISSION OF BIDS

In order to receive consideration, make bids in strict accordance with the following:

A. All copies of the Bid, the bid security, and any other documents required to be submitted with the Bid shall be submitted on-line via the PennBid Program’s “Bid” tab. PennBid can be accessed online at https://pennbid.bonfirehub.com/

B. No telegraphic bid or telegraphic modification of a bid will be considered. No bids received after the time fixed for receiving them will be considered.

4. BONDS

A. Bid security in the amount stated in the invitation to bid must accompany each bid.

The successful bidder’s security will be retained until he has signed the Contract and has furnished the required Certificate of Insurance.

B. The Owner reserves the right to retain the security of all bidders until the successful bidder enters into the Contract or until 60 days after bid opening, whichever is sooner. Other bid security will be returned as soon as practicable. If any bidder refuses to enter into a Contract, the Owner may retain his bid security as liquidated damages but not as a penalty.

C. Prior to signing the Contract, the Owner will require the successful bidder to secure and post a Labor and Materials Payment Bond and a Performance Bond, each in the amount of 100% of the Contract Sum, and each on the form provided therefore in the Project Manual. Such bonds shall be issued by Surety acceptable to the Owner. Costs of such bonds will be included in the Bid.

D. Upon completion and acceptance of the work, an 18 month maintenance bond effective the date of the final acceptance of the project, which shall cover 15% of the cost of the Improvements to be constructed as well as all related appurtenances. Said bonds shall provide that “Ohio Township” shall be names Obligee.

5. EXAMINATION OF DOCUMENTS AND SITE OF WORK

Before submitting a bid, each bidder shall examine the Drawings carefully, shall read the

Specifications and all other proposed Contract Documents, and shall visit the site of the Work. Each bidder shall fully inform themselves prior to bidding as to existing conditions http://www.pennbid.net/ https://pennbid.bonfirehub.com/

002113-2 and limitations under which the Work is to be performed, and shall include in their bid a sum to cover the cost of items necessary to perform the Work as set forth in the proposed Contract Documents. No allowance will be made to a bidder because the lack of such examination or knowledge. The submission of a bid will be considered as conclusive evidence that the bidder has made such examination.

6. PROOF OF COMPETENCY OF BIDDER

A bidder may be required to furnish evidence satisfactory to the Owner that they and their proposed subcontractors have sufficient means and experience in the types of work called for to assure completion of the Contract in a satisfactory manner.

7. WITHDRAWAL OF BIDS

A. A bidder may withdraw their bid at any time prior to the scheduled time for opening bids, via the “Withdrawal” button within PennBid’s “Bid” tab.

B. No bidder may withdraw their bid for a period of 60 calendar days after the date set for opening thereof, and bids shall be subject to acceptance by the Owner during this period.

8. OPENING OF BIDS

A. Bids will be opened online and referred to the Township for Award. An abstract of the bids will be available to bidders on PennBid at the date and time that the bids are due.

9. AWARD OR REJECTION OF BIDS

The Contract, if awarded, will be awarded to the responsible bidder who has proposed the lowest Contract Sum, subject to the Owner’s right to reject any or all bids and to waive informality and irregularity in the bids and in the bidding.

10. EXECUTION OF AGREEMENT

A. The form of Agreement which the successful bidder will be required to execute is included in the Project Manual.

B. The bidder to whom the Contract is awarded shall, within 15 calendar days after notice of award and receipt of Agreement forms from the Owner, sign and deliver required copies to the Owner.

C. At or prior to delivery of the signed Agreement, the bidder to whom the Contract is awarded shall deliver to the Owner those Certificates of Insurance required by the Contract Documents and such Labor and Materials Payment Bonds and Performance Bond as are required by the Owner.

D. Bonds and Certificates of Insurance shall be approved by the Owner before the successful bidder may proceed with the Work. Failure or refusal to provide Bonds or Certificates of Insurance in a form satisfactory to the Owner shall subject the successful bidder to loss of time from the allowable construction period equal to the time of delay in furnishing the required material.

002113-3

11. INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING

A. If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents, or finds discrepancies in or omissions from any part of the proposed Contract Documents, he may submit to the Engineer a written request for interpretation thereof not later than seven days before bids will be opened. The request shall be submitted in writing via PennBid’s “Ask a Question” feature.

B. Interpretation or correction of proposed Contract Documents will be made only by

Addendum. Addenda will be posted within PennBid’s “Documents” tab and notification emailed to those on the bidders list. It is the responsibility of all bidders to check for agenda regardless if they receive notice.

12. USE OF SUBCONTRACTORS

A. Use of Subcontractors not to exceed 25%.

13. NOTICE OF SPECIAL CONDITIONS

Attention is called to those parts of the contract documents and specifications, which deal with the following:

(a) Maintenance Bond

(b) Maintenance of Access

(c) Waiver of mechanics’ lien

(d) Permitted hours of operation

14. LAWS AND REGULATIONS

The bidder’s attention is directed to the fact that all applicable State Laws, Municipal Ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written in full.

15. CONSTRUCTION TIME AND LIQUIDATED DAMAGES

The Agreement will include a stipulation that the Work be completed by May 14, 2027.

A. The Agreement will include a stipulation that liquidated damages will be established in the amount of:

One Thousand Dollars ($1000.00) per calendar day for each calendar day after the agreed completion date that the Work is not certified by the Engineer as being substantially complete, as that stage of completion is defined in the Conditions of the Contract.

MS-944 (4-20)

TIME

, on the above Letting Date. All proposals must be submitted electronically TIME via PennBid at https://pennbid.bonfirehub.com complete all work within

3 Accompanying this proposal is a certified check or bid bond in the amount of made payable to the municipality as a proposal guarantee which, it is understood, will be forfeited in case the contractor fails to comply with the requirements of the proposal.

B. PROPOSAL OF:

1 The only person interested in the proposal as principal (s) is (are):

2 None of the above persons are employees of the municipality.

3 This proposal is made without collusion with any other person, firm or corporation.

THIS PROPOSAL INCLUDES

INSTRUCTIONS TO BIDDERS

ADDRESS

A. DEPOSIT OF PROPOSALS.

Sealed Proposals will be received on or before

All proposals must be submitted electronically prior to the Letting Date of

PROPOSAL AND CONTRACT

( WHEN EXECUTED )

Justin Klingenberg, Manager

SECRETARY

DATE

on the above Letting Date.

1719 Roosevelt Road

-1-

It is hereby certified as follows:

NAME / ADDRESS OF CONTRACTOR

CONTRACTORS CERTIFICATION

All plans and specifications referred to above and the site of the work have been examined by the contractor. The contractor understands that the quantities indicated herein are approximate and are subject to change as may be required; and that all work is payable on the basis of the unit price listed on the Schedule of Prices. (Attachment 1).

If designated as the successful bidder, the contractor will begin work on the date specified in the notice to proceed, or as otherwise provided in the special requirements, and will

10% the contract times and specifications available at no cost on PennBid at https://pennbid.bonfirehub.com

Pittsburgh, PA 15237

10:00 AM

The contractor proposes to furnish and deliver all materials ( including Form CS-4171, CERTIFICATE OF COMPLIANCE and/ or CS-4171B DAILY ASPHALT MIXTURE CERTIFICATION ) and to do and perform all work on the following project as more specifically set forth in the Schedule of Prices (Attachment), in accordance with drawings as well as the supplements and special requirements contained herein and/ or attached hereto and current PennDOT Specifications (Publication 408).

INSTRUCTIONS ON PAGE 4

Bids will be opened and read at approximately

March 20, 2026

10:00 AM

MUNICIPALITY (NAME & TYPE)

BY: DATE:

TITLE:

DATE:

TITLE:

as well as the supplements and special requirements contained herein and/ or attached hereto and current PennDOT Specifications (Publication 408).

TITLE:

BY:

TITLE:

BY:

TITLE:

TITLE:

and specifications available at no cost on PennBid at https://pennbid.bonfirehub.com

DATE

Ohio Township

The contractor will comply with all requirements of the laws and implementing regulations of the Commonwealth of Pennsylvania and the United States relating to human relations, equal opportunity and non-discrimination in employment, and will pay to workmen employed in the performance of the contract the wages to which they may be entitled.

The contractor will provide the municipality with a performance bond, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions thereof, and a payment bond, conditioned on the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, in accordance with the Public Works Contractors’ Bond Law of 1967; and an affidavit accepting the provisions of the Workmen’s Compensation Act of 1915, as amended.

CONTRACTOR

WITNESSED OR ATTESTED BY:

TO BE EXECUTED ONLY IN THE EVENT THE ABOVE PROPOSAL IS ACCEPTED

ACCEPTED ON :

-2-

ATTESTED BY:

MUNICIPALITY

SEAL

County:

LS

LS

EA

SF

SF

EA

EA

EA

EA

DOLLA

EA

EA

LF

LF

LF

LF

LF

LF

LF

EA

EA

EA

EA

EA

EA

EA

EA

LF

EA

SUBTOTAL

EACH MUST BE INCLUDED.

1220960-0021

CONCRETE WING WALL1

0955-3210 1 VEHICULAR SIGNAL HEAD, FIVE 12" SECTIONS

0955-3722 4 LED COUNTDOWN PEDESTRIAN SIGNAL HEAD, TYPE A

SUBTOTAL FROM OTHER ATTACHMENTS

0954-0202

9000-0005

0951-4022 0951-4014

4956-0601

NEMA TS-1 CONTROLLER ASSEMBLY, TYPE 1 MOUNTING MODIFIED

2 INCH CONDUIT

TRENCH AND BACKFILL, TYPE IV MODIFIED

1,050

0951-0130

SIGNAL CABLE 14 AWG, 5 CONDUCTOR

RADAR DETECTION MODIFIED

JUNCTION BOXES J.B.-2

24" WHITE HOT THERMOPLASTIC PAVEMENT MARKINGS

STRUCTURE MOUNTED FLAT SHEET ALUMINUM SIGNS

POST MOUNTED SIGNS, TYPE B, STEEL SQUARE POSTS

TRAFFIC SIGNAL SUPPORT, 30' MAST ARM

5,0000952-0002

4952-1020 0954-0012

4954-0154

TRAFFIC SIGNAL SUPPORT, 35' MAST ARM

TRAFFIC SIGNAL SUPPORT, 14' PEDESTAL

* DESCRIPTION:

Must include ADT on wearing surfaces

USE OF CUTBACK ASPHALT IS PROHIBITED

BETWEEN MAY 1st AND OCTOBER 31st, EXCEPT

AS NOTED IN BULLETIN NO. 25.

FOR OPTION OR PHASE BIDS THE TOTALS FOR

10951-0135

PEDESTRIAN STUB POLE, TYPE B

0931-0003 0910-0002

BID TOTAL FOR A NON OPTION / PHASE BID

ESCALATOR CLAUSE:( if adopted by Municipality.)

Traffic Signal Replacement at SR 4022/County Road 1190-1 (Mount Nebo Road) and SR 4022 (Arndt Road)

UNFORSEEN TRAFFIC SIGNAL WORK

TH

IS

P O

R

TI

O N

T O

B E

C O

M

PL

ET

ED

BY

T

H E

M U

N

IC

IP

AL

IT

Y

Unit

SCHEDULE OF PRICES

*Description

Unit 5 Price

Total

Item 1 No.

Approximate 2 Quantities

Project Number: 2027131528 WO1 and specifications available at no cost on PennBid at https://pennbid.bonfirehub.com

DESCRIPTION OF WORK:

SR 4022/County Road 1190-1 (Mount Nebo Road) and SR 4022 (Arndt Road)

OPTION 1 OR PHASE 1 BID TOTAL

OPTION 2 OR PHASE 2 BID TOTAL

- 3 -

OPTION 3 OR PHASE 3 BID TOTAL

ATTACHMENT 1

TO MS - 944 ( PROPOSAL AND CONTRACT MS - 944 )

Allegheny Municipality: Ohio Township

LOCATION OF WORK:

0901-0001 1 MAINTENANCE AND PROTECTION OF TRAFFIC

0954-0013 0954-0151

0954-0201

1,100

0936-0200

0954-0203 0954-0302 0954-0402

0956-0500

0956-0833

0952-1000

0955-3208

ACOUSTIC PREEMPTION SYSTEM (3 APPROACHES)

TIME CLOCK

PEDESTRIAN PUSH BUTTON

7 VEHICULAR SIGNAL HEAD, THREE 12" SECTIONS

0608-0001 1 MOBILIZATION

SIGNAL CABLE 14 AWG, 7 CONDUCTOR

JUNCTION BOXES J.B.-27

ELECTRICAL SERVICE, TYPE B

SIGNAL CABLE 14 AWG, 3 CONDUCTOR

TRENCH AND BACKFILL, TYPE I

3 INCH CONDUIT

x Traffic Control and Safety Devices to be provided by the Contractor.

Delivery tickets for all materials.

CS-4171 Certificate of Compliance and/ or CS-4171B Daily Asphalt Mixture Certification required for all materials.

x five working days prior to start of project.

x 5/14/2027 . After 5/14/2027 the rate of $ 1,000.00 per calendar day.

Roadway to be power broomed by (contractor municipality )prior to start of project.

x Excess material to be removed by (contractor x municipality .)

x Municipality to inspect project.

Need Bill of Lading for each shipment of asphalt material per Section 702.1( c ) of Specifications 408.

Tack Coat required per Section 460, or 413 for superpave, of Specifications 408 and is incidental to paving item unless noted otherwise.

Prime Coat required per Section 461 of Specifications 408.

Asphalt Seal on all abutting pavement and curbs required.

Saw cut or Milled Paving Notch required and incidental to paving item unless noted otherwise.

Scratch/ Leveling Courses to be placed at the discretion of appointed inspector(s).

as well as the supplements and special requirements contained herein and/ or attached hereto and current PennDOT Spec For FOB Source bids, hauling distance will determine selection of bid award.

x Municipality reserves the right to procure material which best suits their requirements after all bids and items are reviewed.

x Incidental Preparation and clean up required. ( Project Construction Materials ) The municipality reserves the right to make an award on the basis of the aggregate total for all like items on which quotations are received.

x Provide design, which meets Specifications Form 408 to the municipality 5 days prior to start of work.

x Contractor responsible for defects that occur within 18 months of acceptance.

Contractor required to review proposed project with Municipality’s Representative prior to bidding.

Oil Samples required from each distributor truck by contractor (1) one quart : A.M. & P.M. and witnessed by municipality and retained by municipality. (Oil samples must be placed in an approved type container that is compatible with oil sample.)

At least three random stone samples to be taken by contractor on project site witnessed by municipality and retained by municipality.

Complete all testing in accordance with Specification Form 408 Section 413 except for superpave volumetric testing.

x Notice to Proceed will be the date of Contract acceptance.

Final Completion Certificate & Notice of Completion required.

x Future award of Contract will be based on quality of work as determined by the municipality.

Contractor, notify all residents of pending work to be performed.

My signature signifies that I have read and understand the above special provisions to this contract, and by being authorized by this company to act as their authorized representative, and on their behalf hereby agree to adhere to any and all of the provisions pertaining to this contract.

Date

Work to be completed on or before

Ohio Township

Liquidated damages apply at

Full width pavement with one pass required.

and specifications available at no cost on PennBid at https://pennbid.bonfirehub.com

Company Municipality

Contractor's Representative Municipality's Representative Date

Notify the Municipality

(4-20) SPECIAL PROVISIONS TO CONTRACT MS-944 ( Attachment 1-A )

CONTAINS IMPORTANT INFORMATION FOR THE CONTRACTOR

The Prime Contractor and subcontractors must comply with all of the following provisions that are marked with an "X".

( Maintenance and Protection of Traffic to comply with current MUTCD, Publication 212 and Publication 213.)

004313_1-1

SECTION 004313_1

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, Name of Principal as PRINCIPAL, and , as SURETY, are held and firmly bound (Name of Surety) unto Ohio Township, hereinafter called the "Local Public Agency" in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated , 2026 for

NOW, THEREFORE, if the Principal shall not withdraw said Bid within, the period specified therein after the opening of the same, or, if no period be specified, within sixty (60) days after the said opening and shall within the period specified therefore, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Local Public Agency in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principals shall pay the Local Public Agency the difference between the amount specified in said Bid and the amount for which the Local Public Agency may procure the required work or supplies or both, if the latter be in excess of the former, the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this day of , 2026, the name and corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

In presence of:

(SEAL)

(Individual Principal)

(Business Address)

_______ (SEAL)

(Partnership)

004313_1-2

ATTEST: BY:

(Corporate Principal)

AFFIX

BY: CORPORATE

(Attest) (Corporate Surety)

AFFIX

BY: CORPORATE

Countersigned:

004313_1-3

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, , certify that I am the , Secretary of the

Corporation named as Principal in the within bond; that ________________________ who signed the said bond on behalf of the Principal was then ___________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested to for and in behalf of said corporation by authority of this governing body.

Title

CORPORATE SEAL:

Attachment 2

($ ) dollars

WHEREAS, the above bounden Principal has entered into a contract with the above Municipality, bearing even date herewith, for

It is further provided that any alteration which may be made in the terms of the contractor or its specifications with the express authorizing the same to be done on .

BY

TITLE:

TITLE:

TITLE:

PERFORMANCE BONDMS-944-S (7-09)

(NAME OF MUNICIPALITY)

in the full and just sum of

(NAME OF STATE)

are held and firmly bound unto

KNOW ALL MEN BY THESE PRESENTS, That we, as Surety as Principal and a corporation incorporated under the laws of the State of

(SURETY COMPANY)

(NAME AND ADDRESS OF CONTRACTOR)

(With Corporate Surety)

Attest / Witness:

IN WITNESS WHEREOF, the said Principal and Surety have duly executed this Bond under Seal, pursuant to due and legal action

NOW, THEREFORE, the condition of this obligation is such that if the above bounden Principal, as Contractor, shall in all lawful money to the United States of America, to be paid to the above Municipality or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

forebearance being hereby waived.

shall be and remain in full force, virtue and effect.

approval of the Municipality or the Principal to the other, shall not in any way release the Principal and the Surety or either or any of them, to and made a part thereof, and such alterations as may be made in said Specifications as therein provided, and shall well and truly, and in a manner satisfactory to the municipality fulfill all obligations as therein set forth, then this Obligation shall be void, but otherwise the same the undertaking of certain obligations as therein set forth.

respects comply with and faithfully perform the terms and conditions of said Contract, including the Specifications and conditions referred their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the surety of any such alteration or

(DATE OF BOND)

- 1 -

CONTRACTOR

SURETY COMPANY

Attest / Witness:

PLACE

SEAL

HERE

PLACE

HERE

MS-944S

KNOW ALL MEN BY THESE PRESENTS, that we a corporation incorporated under the laws of the State of as SURETY, are held and firmly bond unto the , in the full and just sum of

($ )dollars, lawful money of the United States of America, to be paid to the said or its assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounden Principal has entered into a contract with the above municipality hereinafter called Obligee, bearing even date herewith, for the improvement of a certain section of highway or bridge in said Municipality consisting of:

for approximately the sum of: ($ ) dollars.

NOW, THEREFORE, the condition of this obligation is such that if the above bounden PRINCIPAL shall and will promptly pay or cause to be paid in full all sums of money which may be due by contract or otherwise, to any individual, firm, partnership, association or corporation, for all material furnished or labor supplied or performed in the prosecution of the work, whether or not the said for material or labor entered into and became component parts of the work and for rental of the equipment used and services rendered by public utilities in, or in connection with the prosecution of such work, then this obligation to be void, otherwise to remain in full force and effect.

The PRINCIPAL and SURETY, hereby, jointly and severally, agree with the Obligee herein that any individual firm, partnership, association or corporation, which has performed labor or furnished material in the prosecution of the work as provided, and any public utility which has not been paid in full therefor, may sue in assumpsit on this Payment Bond in his, their, or its own name and may prosecute the same to final for such sum or sums as may be justly due him, them or it, and have execution thereon. Provided, however, that the Obligee shall not be liable for the payment of any costs of expenses of such suit.

RECOVERY by any individual, firm, partnership, association or corporation hereunder shall be subject to the provisions of the “Public Works Contractors’ Bond Law of 1967", Act No. 385, approved December 20, 1967,P.L. 869, which Act shall be incorporated herein and made a part hereof, as fully and completely as though its provisions were fully and at length herein recited.

It is further provided that any alterations which may be made in the terms of the contract or in the work to be done or materials to be furnished or labor to be supplied or performed under it or the giving by the Obligee of any extension of time for the performance of the contract or any other forebearance on the part of either the Obligee or the Principal to the other, shall not in any way release the PRINCIPAL and the SURETY or SURETIES of any such alteration, extension of forebearance being hereby waived.

IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have duly executed this Bond under seal this ,20 .

WITNESS:

CONTRACTOR

BY:

SURETY COMPANY

TITLE: TITLE:

PAYMENT BOND Attachment 3 as PRINCIPAL and

- 2 -

WITNESS:

day of

TITLE:

PLACE

SEAL

HERE

PLACE

HERE

Attachment 4

State of ) ) ss:

County of ) he has being duly sworn according to law deposes and says that they have it has accepted the provisions of the Workmen’s Compensation Act of 1915 of the Commonwealth of Pennsylvania, with has his its supplements and amendments, and have insured their liability thereunder in accordance with the terms of said its

Act with .

( TYPE OR PRINT)

BY

day of A.D. 20 .

My Commission Expires

(SURETY COMPANY)

AFFIDAVIT RE

ACCEPTING PROVISIONS OF THE WORKMEN’S COMPENSATION ACT

- 3 -

CONTRACTOR

SIGNATURE

Sworn to and subscribed before me this

( DATE )

SIGNATURE

D-7126 ( 7-09 )

County

Municipality

Project Number

State of Fed. Project No.

( If Applicable )

The undersigned deponent deposes and says that he is the of the

BY

Sworn to and subscribed before me the undersigned notary public this day of , .

Notary Public

My Commission expires

(Contractor) competitive bidding in connection with such contract.

into any agreement, participated in any collusion, or otherwise taken any action in restraint of free

Company; that he is authorized to make this

Publication 408, as amended and that the said company has not, either directly or indirectly, entered affidavit on behalf of said company in compliance with section 102.06 (e) of Department Specifications, AlleghenyCounty of

ANTI-COLLUSION AFFIDAVIT

Allegheny

2027131528 WO1

Pennsylvania

00600-1

GENERAL CONDITIONS

ARTICLE 1 - 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.

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.

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.

Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

Bonds - Bid, performance and payment bonds and other instruments of security.

Change Order - A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement.

Contract Documents - The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR'S Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all amendments, modifications, and supplements issued pursuant to paragraphs 3.4 and 3.5 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 (subject to the provisions of paragraph

11.9.1 in the case of Unit Price Work).

Contract Time - The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work.

CONTRACTOR - The person, firm or corporation with whom OWNER has entered into the Agreement.

Defective - An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER'S recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10).

Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents.

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 two parties to sign and deliver.

ENGINEER - The person, firm or corporation named as such in the Agreement.

Field Order - A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Time.

General Requirements - Sections of Division I of the Specifications.

Laws and Regulations: Laws or Regulations - Laws, rules, regulations, ordinances, codes and/or orders.

Notice of Award - The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement.

Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents.

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OWNER - The public body or authority, corporation, association, firm or person 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 ENGINEER who is assigned to the site or any part thereof.

Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work.

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.

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) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER'S definitive certificate of Substantial Completion, 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; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms “substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof.

Supplementary Conditions - The part of the Contract Documents which amends or supplements these General Conditions.

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

Underground Facilities - All 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 or water.

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

Work - The entire completed 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 Documents.

Work Directive Change - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph 10.2

Written Amendment - A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly Work-related aspects of the Contract Documents.

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ARTICLE 2 - PRELIMINARY MATTERS

Delivery of Bonds:

2.1. 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 paragraph 5.1.

Copies of Documents:

2.2. OWNER shall furnish to CONTRACTOR up to

ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction.

Commencement of Contract Time; Notice to Proceed:

2.3. The Contract Time will commence to run on the

thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier.

Starting the Project:

2.4. CONTRACTOR shall start to perform the Work

on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run.

Before Starting Construction:

2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements.

CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonable have known thereof.

2.6. Within ten days after the Effective Date of the

Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review:

2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work;

2.6.2. a preliminary schedule of Shop Drawing submissions; and

2.6.3. a preliminary schedule of values for all of the Work which 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. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission.

2.7. 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 paragraphs 5.3 and 5.4, and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7.

Preconstruction Conference:

2.8. Within twenty days after the Effective Date of the

Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work.

Finalizing Schedules:

2.9. At least ten days before submission of the first

Application for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for processing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance.

ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,

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AMENDING, REUSE

Intent:

3.1. 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.

3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents.

Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER, or any of ENGINEER'S consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4.

3.3. 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 before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from ENGINEER; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof.

Amending and Supplementing Contract Documents:

3.4. The Contract Documents may be amended to

provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways:

3.4.1. a formal Written Amendment,

3.4.2. a Change Order (pursuant to paragraph

10.4), or

3.4.3. a Work Directive Change (pursuant to paragraph 10.1).

As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment.

3.5. 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:

3.5.1. a Field Order (pursuant to paragraph 9.5),

3.5.2. ENGINEER'S approval of a Shop

Drawing or sample (pursuant to paragraphs 6.26 and 6.27), or

3.5.3. ENGINEER'S written interpretation or

clarification (pursuant to paragraph 9.4).

Reuse of Documents:

3.6 Neither CONTRACTOR nor any Subcontractor or

Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER.

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ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL

CONDITIONS; REFERENCE POINTS

Availability of Lands:

4.1. OWNER shall furnish, as indicated in the Contract

Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. 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. If CONTRACTOR believes that any delay in OWNER'S furnishing these lands, rights-of-way or easements entitles CONTRACTOR to an extension of the Contract Time, CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

Physical Conditions:

4.2.1. Explorations and Reports: Reference is

made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR'S purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site.

4.2.2. Existing Structures: Reference is made to

the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGINEER in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR'S purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures.

4.2.3. Report of Differing Conditions: If

CONTRACTOR believes that:

4.2.3.1. any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate, or

4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indicated, reflected or referred to in the Contract Documents, CONTRACTOR shall promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.22), notify OWNER and ENGINEER in writing about the inaccuracy or difference.

4.2.4. ENGINEER'S Review: ENGINEER will

promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER'S findings and conclusions.

4.2.5. Possible Document Change: If ENGINEER

concludes that there is a material error in the Contract Documents or that because of newly discovered conditions a change in the Contract Documents is required, a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference.

4.2.6. Possible Price and Time Adjustments: In

each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time or any combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Articles 11 and 12.

Physical Conditions - Underground Facilities:

4.3.1. Shown or Indicated: The information and

data shown or indicated in the Contract Documents with respect to existing Underground 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. Unless it is otherwise expressly provided in the Supplementary Conditions:

4.3.1.1. OWNER and ENGINEER shall

not be responsible for the accuracy or completeness of any such information or data;

and,

4.3.1.2 CONTRACTOR shall have full

responsibility for reviewing and checking all such information and data, for locating all

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Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the…