1-Phase 2 Bid Packet.pdf

BIDDING DOCUMENTS FOR

Tyrone Township Municipal Building Phase 2 Contract No. 2-26

Property Owner: Tyrone Township

Owner Representative: Mike Shaffer, Secretary/Treasurer 717-789-4377

Secretary@tyronetwp.org

TABLE OF CONTENTS

03 Public Notice 04 – 10 Information and Instructions to Bidders 10 – 40 General Conditions 42 – 63 Bid forms and Affidavits 64 – 66 Project Specifications Appendices

A. Public Works Employment Verification B. Pennsylvania Prevailing Wage Rates C. Municipal Building Plans D. Civil Plans (Land Development, PCSM, E&S)

PUBLIC NOTICE

Project Information Mike Shaffer, on behalf of Tyrone Township, will accept sealed proposals via the PennBid Program (https://pennbid.bonfirehub.com) until 5:00 p.m., prevailing time, September 29, 2026, for phase 2 of the municipal building project at 3129 Shermans Valley Road, Loysville, PA 17047. Phase 2 consists of constructing the community hall portion of the township building and paving the parking lot. Bid opening will be held on September 29, 2026 at the Loysville Community Center, 654 Weavers Mill Road, Loysville, PA 17047, during the regularly scheduled Tyrone Township Supervisors meeting. All bid proposals shall be properly executed without alterations and shall be complete. Bidding documents are available at no cost via the PennBid Program (https://pennbid.bonfirehub.com).

Bid Proposal All bid proposals shall be properly executed without alterations and shall be complete. The successful bidder will be required to post a performance bond in the amount of one hundred percent (100%) of the bid price, labor and material payment bond in the amount of one hundred percent (100%) of the bid price and maintenance bond in the amount of ten percent (10%) of the bid price.

Pre-Bid Meeting An optional pre-bid meeting will be held on August 25th, 2026 at 1:00 p.m. at the proposed site of the Tyrone Township Municipal Building, 3129 Shermans Valley Rd, Loysville, PA 17047.

Important Requirement - the following must be met:

1. Prevailing Wage Act - all workmen employed on the project must be paid the prevailing minimum wage under the Prevailing Wage Act. Information on the PWA may be found at www.dil.state.pa.us/laborlaw by clicking on the link to Prevailing Wage Act. See appendix D.

a. The PWA does apply to all contractors and sub-contractors. Please contact the Department of Labor and Industry – Bureau of Labor Law compliance at 717-705-7256 with questions about the PWA.

The Tyrone Township Supervisors and Matt Eck, on behalf of the Township, reserves the right to reject any or all bids or parts thereof and to waive any defects or irregularities in the best interest of Tyrone Township.

Tyrone Township (Owner) c/o Mike Shaffer, Secretary 717-789-4377 Secretary@tyronetwp.org

Matthew Eck Frederick, Seibert & Associates, Inc. (Engineer) 15 E Main Street New Bloomfield, PA 17068 717-226-0143 meck@fsa-inc.com

INFORMATION AND INSTRUCTIONS TO BIDDERS

1. All proposals must furnish services, products and/or materials in strict compliance with those dimensions, quantities and other requirements as noted in the Plans for the Tyrone Township Municipal Building attached hereto. Under no circumstances will any services, products or materials be accepted that are different from or in substitution of or for those items and components described in the Design Plan without written authorization of the client.

2. All bids shall be made upon the forms supplied in this package and submitted through the

PennBid system. Bid shall be accepted on PennBid until September 29, 2026 at 5:00pm. All forms within this bid packet shall be completed, and all required bonds shall be furnished for a bid to be marked as “complete”.

3. All bids shall give the proposed price both in words and figures and shall be signed by the Bidder with full name and address. Where bidder is a partnership, the name and address of each partner shall be stated in full and, if a corporation, the state where incorporated.

4. Bids should be submitted as a total lump sum broken down into the following categories for percent complete payments:

A. Building construction

5. The following documents and plans, referred to as Contract Documents, supplement each other and are to be considered part of the Contract:

A. Advertisement for Bids B. Instructions to Bidders C. Proposal D. Detail Specifications and Plans E. Standard Specifications and Plans F. General Conditions G. Construction Agreement H. Performance Bond I. Payment Bond J. Insurance Policies or Certificates K. Maintenance Bond L. State and Federal government requirements M. Addenda, if any

6. Important Requirements: the following must be met:

A. Prevailing Wage Act - all workmen employed on the project must be paid the prevailing minimum wage under the Prevailing Wage Act. Information on the PWA may be found at www.dil.state.pa.us/laborlaw by clicking on the link to Prevailing Wage Act. See appendix D.

a. The PWA does apply to all contractors and sub-contractors. Please contact the Department of Labor and Industry – Bureau of Labor Law compliance at 717-705- 7256 with questions about the PWA.

7. Bids which contain erasures, alterations, conditional bids, omissions or irregularities may be rejected.

8. To have a complete bid, the contractor shall furnish a performance bond (100% of contract award price), payment bond (100% of contract award price) and maintenance bond (10% of contract award price). The contractor shall also show evidence of required insurance and furnish the executed Agreement within 10 days of notice of intention of award by the owner.

9. The successful bidder shall not assign its rights under the bid awarded, in whole or in part, without the prior written approval of the owner.

10. The total bid price provided by contractors shall be considered unclassified for all on-site rock removal that may be required during construction.

11. In accordance with the Pennsylvania Anti-bid Rigging Act that became law on October 23, 1983, the Township requires each bidder to complete and return the Non-Collusion Affidavit. The Affidavit is to be completed as follows:

A. This Non-Collusion Affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on prices and the amount quoted in the bid.

B. Bid rigging and other efforts to restrain competition and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself/herself that each statement is true and accurate, making diligent inquiry as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval or submission of the bid.

C. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents and an Affidavit must be submitted separately on behalf of each party.

D. The term "complementary bid" as used in the Affidavit has the meaning commonly associated with that term in the bidding process and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid and any other form of bid submitted for the purpose of giving a false appearance of competition.

E. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the bid.

12. The Agreement to be executed by the successful bidder contains a penalty provision for failure to complete the project by the time stipulated in the Agreement, August 1, 2025, which shall entitle the owner to deduct from the monies due or about to come due to the successful bidder an amount equal to $300 for each day of delay from the date of scheduled completion, said sum being fixed and agreed as liquidated damages which the owner will suffer by reason of such delay and not as a penalty. Any such delay in completion to the owner shall not prevent the owner from declaring the successful bidder in breach of his, her or its obligations and pursuing any remedies it has under the performance bond and as otherwise provided by law.

13. If the project requires the delivery of any equipment, material(s) or products, all shall be delivered at the successful bidder’s expense, free of any liens, encumbrances and security interests.

14. No proprietary items or specifications permitted in relation to any work proposed with this plan.

Any items of unique or specific construction will be of equivalent or equal to the quality, design and intention approved by the owner.

15. Upon (a) receipt by the owner of any equipment, material(s) or products; (b) confirmation that all work provided is in full compliance with the requirements of the Specifications; and (c) receipt by the owner of certification that all subcontractors have been paid, the owner shall make payment to the successful bidder within 200 days in the amount of the accepted bid amount, less any liquidated damages due to delay, as provided in Paragraph 12, above and the executed Agreement.

16. The successful bidder is responsible for being familiar with and to know the location, means of access and all other features and conditions necessary for the successful bidder to make timely delivery of any equipment, material(s) or products. All costs and expenses of delivery of every kind, type or nature shall be the responsibility of the successful bidder. The successful bidder, its agents or representative shall be responsible for securing and properly delivering all items and components in accordance with all federal, state and local laws, regulations, codes and ordinances.

17. Any bids received after the deadline by which they are to be received are late bids. Such late bids will not be considered, but will be held unopened until the time of award and then returned to the bidder. No responsibility will attach to the owner for the premature opening of, or the failure to open, a bid not properly addressed and identified. Bids may be withdrawn by request received from the bidder prior to the time fixed for opening.

18. The successful bidder warrants and guarantees to the owner that all materials and items supplied will be new, of good quality and free from faults or defects. All defective items as ascertained by the owner shall be replaced to the satisfaction of the owner prior to payment to the successful bidder.

19. If, after final payment and prior to the expiration of one year after the date of such final payment, any items supplied by the successful bidder or work complete is found to be defective, the successful bidder shall promptly, without cost to the owner, supply the owner with non-defective items and properly repair defective work within 30 days of notice by the owner. If the successful bidder fails to supply such items or properly repair such work within 30 days’ notice, the owner may make such repair and supply such items at the cost of the successful bidder. The successful bidder will also be responsible for and pay all costs, fees and attorney fees incurred by the owner if legal action is initiated against the successful bidder due to the successful bidder’s failure to pay such costs and expenses upon demand by the owner.

20. The Non-Collusion Affidavit, Bid Proposal, Bid Bond, Performance Bond, Payment Bond, Maintenance Bond or certified check deposit, the agreement, and other items listed under #5 of this section, shall constitute the “Contract Documents”, the terms of which shall constitute a binding contract with the successful bidder.

21. Any bids excess of $25,000 shall be subject to:

A. The requirements of the PA Prevailing Wage Rate Act shall be based upon applicable minimum wage rates as determined by the United States Department of Labor, Wage and Hour Division; and

B. If the bid is in excess of $25,000, the bidder is subject to the requirements of the Pennsylvania Public Works Employment Verification Act. Each bidder must submit to the owner with the bid an executed verification form as published by the Pennsylvania Department of General Services. The form and information regarding the requirements of this Act and of federal law with respect to the use of the E- Verify Program are available on e-verify.gov

22. Conflict of Interest Notice and Responsibilities. A conflict of interest may take various forms but exists if a significant financial interest or other opportunities for tangible personal benefit may exert a substantial improper influence upon an employee, contractor or professional. A conflict of interest may exist when there is a divergence between private interests of an employee, contractor or professional and his, her or its obligation to the owner such that: (i) a reasonable and independent observer might rationally question whether the employee’s professional responsibility might be influenced by considerations of gain or financial interest for either the employee, contractor or professional or their family or for other parties; or (ii) a reasonable and independent observer might rationally conclude that the conflict of interest undermines the integrity of any business of the owner. A conflict of interest encompasses not only situations that are in fact improper, but also situations where a reasonable and independent observer might rationally observe the appearance of impropriety. This includes any potential conflicts of interest that are yet unrealized or that may be perceived by others to be conflicts of interest. For purposes of this notice, the family of any employee, contractor or professional shall include his or her spouse or companion, his or her siblings and their spouses or companions and his or her descendants and their spouses or companions. If applicable, all bidders are asked to provide with the bid a listing of current or potential conflicts of interest with respect to proving goods and/or services to the owner as contemplated by this project. The successful bidder shall provide notice to the owner of any actual or potential conflicts of interest that exist or arise in the course of providing goods and/or services to the owner. In the absence of a listing, it will be presumed that there are no current or potential conflicts.

23. The owner reserves the right to revise or amend any plans or specifications prior to the date scheduled for bid opening. In the event plans and/or specifications are revised or amended, such revisions or amendments will be provided by use of an addendum which will be provided to all prospective bidders.

24. The successful bidder shall supervise and direct the work efficiently and with its best skill and attention. The bidder shall be solely responsible for the means, methods, techniques, sequences and procedures of work and shall be responsible to see that the finished work complies with the Contract Documents and applicable permits as required.

25. The successful bidder shall provide only competent, suitably trained and qualified personnel to perform the work as required by the Contract Documents and shall furnish all materials, equipment, labor, transportation, machinery, tools, fuel, power, sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the work. All materials, products and equipment to be installed shall be new and shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instruction of the manufacturer, except as otherwise expressly provided in the Contract Documents.

26. The successful bidder shall be fully responsible for all acts and omissions of its subcontractors and of persons and organizations directly or indirectly employed by them. Nothing in the Contract Documents shall create any contractual relationship between the owner and any owner agent or employee and any subcontractor or other person or organization having a direct contract with the successful bidder, nor shall it create any obligation on the part of the owner or any owner agent or employee to pay or to see to the payment of any monies due any subcontractor or any person or organization working for the successful bidder. All subcontractors will be subject to the approval by the owner. There shall be no substitution of subcontractors without prior approval and knowledge from the client once a subcontractor list is approved.

27. The successful bidder shall obtain and pay for all construction permits and licenses which are applicable to the project at the time the bid is submitted. It is the successful bidder’s responsibility to abide by all permit conditions affecting work and the work of any subcontractors.

28. The successful bidder shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work and shall comply with all requirements and regulations of OSHA (Federal Occupational Safety and Health Act 1970), State, and local governments pertaining to such work. The successful bidder shall be responsible for erecting any necessary signage and/or barriers to keep others from entering any work areas, subject to coordination with the owner.

29. The owner may, at any time or from time to time, order additions or revisions in the work. These changes will be authorized by Change Order to be executed in writing between the owner and the successful bidder prior to any changes or revisions to the work being initiated.

30. The successful bidder shall, as a condition of award of the contract, provide evidence of the following insurance coverage, which insurance coverage shall be maintained during the course of work on the project:

A. Commercial General Liability - $1,000,000 per occurrence and $3,000,000 in the aggregate;

B. Workers’ Compensation, in statutory limits required by Pennsylvania;

Each policy shall be endorsed to provide the owner with 30 days’ notice of cancellation and the owner shall be listed as an additional insured for all insurance noted above except for workers’ compensation insurance.

31. The successful bidder shall comply with the provisions of the following Acts, as amended from time to time, as applicable: Act of Mach 23, 1978, (P.L. 6, No. 3) known as the “Steel Procurement Act”; Act of October 28, 1983 (P.L. 176, No. 45), known as the “Antibid-Rigging Act”; Act of December 20, 1967 (P.L. 869, No. 385), known as the “Public Works Contractors’ Bond Law”; Act of November 26, 1978 (P.L. 1309, No. 317), known as the “Award and Execution of Public Contract Law”; Act of February 17, 1994 (P.L. 73, No. 7), known as the “Contractor and Subcontractor Payment Act”; Act of January 23, 1974 (P.L. 9, No. 4), referred to as the “Public Contract Bid Withdrawal Act”; Act of April 4, 1984 (P.L. 193, No. 40), known as the “Motor Vehicle Procurement Act”; Act of 1968 known as the Architectural Barriers Act and Section 504 of the Rehabilitation Act of 1973; Act 235 of 1965, as amended, Universal Accessibility Act; Act of 1990

Americans with Disabilities Act, as amended; and Act of December 29, 1970 (P.L. 91-596), referred to as the “Occupational Safety and Health Act of 1970”.

Any steel products used or supplied in performance of the Contract Documents or any subcontracts shall be from steel made in the United States.

32. The successful bidder shall insure, indemnify and hold harmless the owner and its members, officers, employees, appointees and agents from and against any and all claims, suits, causes of action, losses, expenses and liabilities of any kind or nature, including attorney’s fees (and any attorney’s fees incurred in enforcing this provision) in any way arising or resulting from or in any way related to negligent, reckless and/or intentional acts by the successful bidder in providing services to or for the owner under the Agreement and Contract Documents, including, but not limited to, claims, losses, fines, damage to property and bodily injury or death to persons. This provision will survive termination or expiration of the Agreement.

33. The Tyrone Township Municipal Building plans (attached) are the construction drawings for this project. This project area is located at 3129 Shermans Valley Road, Loysville, PA 17047. The property is currently the site of the existing Tyrone Township Municipal Building. The township is going to remove the existing building(s).

34. An optional pre-bid meeting will be held for this project at 3129 Shermans Valley Road, Loysville, PA 17047, on August 25th, 2026, at 1:00 p.m. No bid will be excluded from being considered if the bidder or bidder agent did not attend the pre-bid meeting.

35. A pre-construction meeting will be held prior to the commencement of work to be determined by the owner and awarded bidder.

36. Compliance with the Pennsylvania One Call System, Inc. is required for this project (Pennsylvania Act 287, as amended). Call 811 before you dig.

37. Any questions regarding the intent of these documents shall be submitted through the PennBid system no later than 5:00 pm, September 28, 2026. All responses to questions will be given to all project plan holders prior to bid opening.

38. This is a project subject to PA prevailing wage rates. See wage rates under Appendix B. All wage rate information to be accordance with the current regulations as outlined by the PA Department of Labor and Industry.

39. The contract will be awarded at a scheduled special supervisors meeting which will be posted after the bids are opened. Notice to Proceed will be issued promptly upon receipt of acceptable required documents to be submitted by the successful bidder.

40. Within a two (2) week period from the Notice of Intent to Award, contractor shall submit, to the Project Manager, a construction schedule of order and time that work will be completed.

41. This project shall begin after an issuance of the Notice to Proceed and the contractor shall complete work prior to July 31, 2027.

42. A set of redlined prints, representing the as-built conditions, shall be submitted with a request for final inspection at the end of the project.

GENERAL CONDITONS

2.01 DEFINITIONS

Wherever used in the Contract, the following terms have the meanings indicated.

Addenda: Written or graphic instruments issued prior to the opening of Bids which clarify, modify, correct, interpret or change the Bidding Requirements or Contract Documents.

Agreement (or Contract Agreement): The written contract between the Owner and the Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

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

Bidder: Any person, firm or corporation submitting a bid for the work.

Bidding Documents: The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda).

Bonds: Bid, Performance, Payment and Maintenance Bonds and other instruments of security furnished by the CONTRACTOR and his surety in accordance with the Contract Documents.

Change Order: A written order to the CONTRACTOR authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time.

Contract Documents: The Agreement, Addenda, Contractor's Bid, the Notice to Proceed, the Bonds, the General Conditions, the Specifications (Standard, Detail or Technical) and the Drawings, together with all written amendments, Change Orders, field orders and written interpretations and/or clarifications.

Contract Price: The moneys payable by the Owner to the Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement.

Contract Times: The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion and (ii) to complete the Work so that it is ready for final payment as evidenced by the Architect's or Engineer's written recommendation of final payment.

CONTRACTOR: The person, firm or corporation with whom the Owner has entered into the Agreement.

Drawings (or Contract Drawings or Plans or Contract Plans): The drawings which show the scope, extent and character of the Work to be furnished and performed by the Contractor. Shop drawings are not Drawings as so defined.

ENGINEER: Frederick, Seibert & Associates, Incorporated, its principals and employees and those persons, firms or corporations named as such in the Contract Documents.

Field Order: A written order affecting a change in the work not involving an adjustment in the Contract Price or an extension of the Contract Time issued by the ENGINEER to the CONTRACTOR during construction.

Lump Sum Price: The amount bid as a single item for the work complete and ready to use.

Materials: Materials incorporated or to be incorporated in the Contract Work or used to be used in the operation of the completed improvements.

Notice of Award: The written notice of the acceptance of the Bid from the OWNER to the successful Bidder.

Notice to Proceed: A written notice given by the Owner (or its representative) to the Contractor fixing the date on which the Contract Times will commence to run; and on which the Contractor shall start to perform its obligations under the Contract Documents.

OWNER: Tyrone Township.

Plans: (see "Drawings").

Project: The undertaking to be performed as provided in the Contract Documents.

Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a subcontractor, manufacturer, supplier or distributor, which illustrate how specific portions of the work shall be fabricated or installed.

Specifications: A part of the Contract Documents consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship.

Subcontractor: An individual, firm or corporation having a direct contract with the 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 the ENGINEER (as evidenced by a definitive certificate of substantial completion), it is sufficiently complete so that the Work or specified part can be utilized for the purposes intended. Use of this term is referenced to the "Public Works Contract Regulation Law," Act No. 317 of 1978 as amended by Act. No. 200 of 1982.

Supplemental Unit Prices: The unit prices included on the Contractor's Bid which apply to increasing or decreasing the Project quantities on the basis of Unit Price payment. (See "Unit Price").

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

Supplier: A manufacturer, fabricator, supplier, distributor, material salesman or vendor having a direct contract with the Contractor or with any Subcontractor to furnish materials or equipment to be incorporated into the Work.

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. Use of this term is referenced to the "Underground Utility Line Protection Law," Act 287 of 1974, or as amended.

Unit Price: Any price bid under the respective items of the Proposal Form whether such price be per unit of measurement, per each or per lump sum.

User: When used in relationship to a utility, shall mean the utility owner or utility operator. Use of this term is referenced to the "Underground Utility Line Protection Law," Act 287 of 1974, or as amended.

Work: The entire construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents.

Written Notice: Any notice to any part of the Agreement relative to any part of this Contract in writing and considered delivered and the service thereof completed when posted by Certified or Registered Mail to the said party at his last given address or delivered in person to said party or his authorized representative on the Work.

2.02 ADITIONAL INSTRUCTIONS AND DETAIL DRAWINGS

1. The contractor may be furnished with additional instructions by the Engineer, as necessary to carry out the work required by the contract documents.

2. The additional instructions thus supplied will become a part of the Contract Documents. The Contractor shall carry out the work in accordance with the additional instructions.

2.03 CONTRACT DOCUMENTS

1. The intent of the Contract Documents is to include all labor, tools, equipment, materials, appliances, supervision and services and of every kind necessary for the proper execution of the Work. It is intended that then Contract Documents include everything that is requisite and necessary to finish the Work properly, notwithstanding the fact that every item involved may not be specifically mentioned.

2. Titles of divisions, articles and paragraphs in the Contract Documents are introduced merely for convenience and reference only and in no way define and/or limit the scope and content of the Contract Documents or in any way affect its provisions. No responsibility, either direct or implied, is assumed by Owner for omission or duplication by Contractor or its subcontractors due to real or alleged error in arrangement of material in the Contract Documents. Typographical or clerical errors in the Contract Documents shall be subject to correction at any time and shall in no way invalidate or detract from the true meaning and intent of the Contract Documents.

3. In case of discrepancies between the documents comprising the Contract Documents, the Contractor shall secure written instructions from the Engineer before proceeding with the Work affected by omissions or discrepancies. The Contractor shall assume full responsibility for proceeding with such work without the prior approval form the Engineer.

4. In the event of conflict in the documents comprising the Contract Documents, the Specifications take precedence over the Drawings. These General Conditions shall take precedence over the Specifications. The Special Conditions shall take precedence over the General Conditions. The Agreement, including specifically the Scope of Work, shall take precedence over the Special Conditions and all other Contract Documents.

5. The Owner will furnish, free to the Contractor, three (3) complete sets of Specifications and

Plans. Additional sets will be furnished to the Contractor at the cost established for obtaining Documents for bidding.

6. Any discrepancies found between the Drawings and Specifications and site conditions or any inconsistencies or ambiguities in the Drawings or Specifications shall be immediately reported to the Owner, in writing, who shall promptly correct such inconsistencies or ambiguities in writing.

Work done by the Contractor after his discovery of such discrepancies, inconsistencies, or ambiguities shall be done at the Contractor’s risk.

7. Any failure of either party, at any time or from time to time, to enforce or require the strict keeping and performance of any of the terms and provisions of the Contract Documents shall not constitute a waiver of such terms and provisions and shall not affect nor impair such terms and provisions in any way or the right of either party, at any subsequent time, to avail itself of such remedies as it may have for any subsequent breach or breaches of such terms and provisions.

The remedies reserved in the Contract Documents by Owner shall be cumulative and additional to any other or further remedies provided by law or in equity which Owner may possess.

8. Whenever the Contract Documents for the Work do not comply with or conform to the provisions of laws, ordinances, rules, regulations and codes applicable to the Work and Contractor is or reasonably should have been aware of same, Contractor shall promptly notify Owner thereof. If the Contractor performs any such Work without prior notice to Owner, Contractor shall assume responsibility therefore and shall bear all costs attributable thereto.

2.04 SHOP DRAWINGS

1. The procedures for submittals such as shop drawings, product data, samples and miscellaneous work-related submittals are governed by this section.

a. Shop Drawings

i. Shop Drawings shall include technical data, drawings, diagrams, performance curves, schedules, templates, patterns, reports, calculations, instructions, measurements and similar information as applicable to specific items for which the shop drawing is prepared.

ii. Provide newly-prepared information, on reproducible sheets, with graphic information at accurate scale (except as otherwise indicated) or appropriate number of prints hereof, with name of preparer (firm name) indicated. The Contract Drawings shall not be traced or reproduced by any method for use as or in lieu of detail shop drawings. Show dimensions and note which are based on field measurement. Identify materials and products in the work shown. Indicate compliance with standards and special coordination requirements. Do not allow shop drawing copies without appropriate final “Action” markings by the Engineer to be used in connection with the Work.

b. Product Data

i. Product data includes standard printed information on materials, products and systems, not specially prepared for this project, other than the designation of selections from among available choices printed therein.

ii. Collect required data into one submittal for each unit of work or system, and mark each copy to show which choices and options are applicable to project. Include manufacturer’s standard printed recommendations for application and use, compliance with standards, application of labels and seals, notation of field measurements which have been checked, and special coordination requirements.

c. Samples

i. Samples include both fabricated and unfabricated physical examples of materials, products and units of work, both as complete units and as small portions of units of work, either for limited visual inspection or (where indicated) for more detailed testing and analysis.

ii. Provide units identical with final condition of proposed materials or products for the work. Include “range” samples (not less than 3 Units) where unavoidable variations must be expected, and describe or identify variations between units of each set. Provide full sets of optional samples where the Engineer’s selection is required. Prepare samples to match the Engineer’s sample where indicated.

Include information with each sample to show generic description, source or product name and manufacturer, limitations, and compliance with standards.

Samples are submitted for review and confirmation of color, pattern, texture and “kind” by the Engineer. Engineer will not “test” samples (except as otherwise indicated) for other requirements, which are the exclusive responsibility of the Contractor.

2. Miscellaneous submittals related directly to the work (non-Administrative) include warranties, maintenance agreements, workmanship bonds, project photographs, survey data and reports, physical work records, statements of applicability, quality testing and certifying reports, copies of industry standards, record drawings, field measurement data, operating and maintenance materials, overrun stock, security/protection/safety keys and similar information, devices and materials applicable to the Work but not processed as shop drawings, project data or samples.

2.05 GENERAL SUBMITTAL REQUIREMENTS

1. Scheduling - Where appropriate in various required administrative submittals (listings of products, manufacturers, supplier and subcontractors, and in job progress schedule), show principle work related submittal requirements and time schedules for coordination and integration of submittal activity with related work in each instance.

2. Coordination of Submittal Times - Prepare and transmit each submittal to the Engineer sufficiently in advance of performing related work or other applicable activities, so the installation will not be delayed or improperly sequenced by processing times, including non-approval and resubmittal (if required). Coordinate with other submittals, testing, purchasing, delivery and similar sequenced activities. No extension of time will be authorized because of Contractor’s failure to transmit submittals to the Engineer sufficiently in advance of the work.

3. Sequencing Requirements - As applicable in each instance, do not proceed with a unit of work until submittal procedures have been sequenced with related units of work, in a manner which will ensure That the action will not need to be later modified or rescinded by reason of a subsequent submittal which should have been processed earlier or concurrently for coordination.

4. Preparation of Submittals - Provide permanent marking on each submittal to identify project, date, Contractor, subcontractor, submittal name and similar information to distinguish it from other submittals. Show Contractor’s executed review and approval marking and provide space for the Engineer’s “Action” marking. Package each submittal appropriately for transmittal and handling.

Submittals which are received from sources other than through the Contractor’s office will be returned “without action”.

5. Transmittal Identification -

a. Number of transmittals in sequence for each Division of the Specifications. The number after the dash indicates the Section of the Specifications, and the number before the dash is the sequence number of the transmittal (1-10 would be the first transmittal applicable to Section 10 of the Specifications. 2-10 would be the second transmittal for Section 10,etc).

b. Identify resubmittals with a letter of the alphabet following the original number, using A for the first resubmittal, B for the second resubmittal, etc. A resubmittal affecting transmittal 1-10 would then be entered in the space “Previous Transmittal Number”, which is left blank except on resubmittals.

6. Submittals shall contain:

a. The date of submission and the dates of any previous submissions.

b. The Project title.

c. Contract No.

d. The names of the:

i. Contractor

ii. Supplier

iii. Manufacturer

e. Identification of the product, with the Specification Section number and equipment tag numbers.

f. Field dimensions, clearly identified as such.

g. Relation to adjacent or critical features of the work or materials.

h. Applicable standards, such as ASTM or Federal Specification numbers.

i. Notification to the Engineer in writing, at time of submission, of any deviations on the submittals from requirements of the Contract Documents.

j. Identification of revisions on submittals.

k. An 8 inch x 3 inch blank space for Contractor and Engineer stamps.

l. Contractor’s stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and of Contract Documents.

m. Submittal sheets or drawings showing more than the particular item under consideration shall have all but the pertinent description of the item for which review is requested crossed out.

7. Except as otherwise indicated in the individual work sections, comply with general requirements specified herein for each indicated category of submittal.

8. ROUTING OF SUBMITTALS - Submittals and routing correspondence shall be routed as follows:

a. Supplier to Contractor (through representative if applicable) for preliminary check.

b. Contractor to Consulting Engineer for general review or comment.

c. Consulting Engineer to Contractor.

d. Contractor to Supplier.

e. ADDRESS FOR COMMUNICATIONS

Consulting Engineers:

Frederick, Seibert & Associates, Inc.

15 E Main Street P.O. Box 357 New Bloomfield, PA 17068

(717) 226-0143

9. SUBMITTAL COPIES REQUIRED

a. Shop Drawings, Product Data, and Miscellaneous Submittals. All submittals marked “A” or “B” will be distributed as follows:

For Engineer 2 copies

For Contractor 2 copies

For Owner 1 copy

Total 5 copies

b. To the above number may be added additional copies as required by the Contractor.

c. The Engineer will mark all copies of each shop drawing. One will be retained in the

Engineer’s office, one sent to the Field Inspection office, one will be retained for the Owner and the remaining copies sent to the Contractor for his records and distribution.

d. For non-approval items, such as parts lists and operation or maintenance manuals, 4 copies are required, unless specified otherwise:

For Engineer 2 copies

For Owner Operating Personnel 2 copies

Total 4 copies

10. Samples

a. Submittal. At Contractor’s option, provide preliminary submittal of a single set of samples for the Engineer’s review and “action”. Otherwise, initial submittal is final submittal unless returned with “action” which requires resubmittal. Submit two (2) sets of samples in final submittal; one set will be returned.

b. Quality Control Set. Maintain returned final set of samples at project site, in suitable condition and available for quality control comparisons by Engineer and by others.

11. REVIEW OF SUBMITTALS

a. Review Time. Allow a minimum of two (2) weeks for the Engineer’s initial processing of each submittal requiring review and response, except allow longer periods where processing must be delayed for coordination with subsequent submittals. The Engineer will advise the Contractor promptly when it is determined that a submittal being processed must be delayed for coordination. Allow two weeks for reprocessing each submittal. Advise the Engineer on each submittal as to whether processing time is critical to progress of the work, and therefore the work would be expedited if processing time could be foreshortened.

b. Engineer’s Action

i. Final Unrestricted Release. Work may proceed, provided it complies with contract documents, when submittal is returned with Approved.

ii. Final -But-Restricted Release. Work may proceed, provided it complies with notations and corrections on submittal and with contract documents, when submittal is returned with Approved as Noted.

iii. Returned for Resubmittal. so not proceed with Work. Revise submittal in accordance with notations thereon, and resubmit without delay to obtain a different action marking.

Only two copies of items disapproved will be reviewed and marked. One copy will be retained in the Engineer’s office and the other copy with all remaining unmarked copies will be returned to the contractor for resubmittal.

2.06 MATERIALS, SERVICES, AND FACILITIES

1. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the Work within the specified time.

2. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the Work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection.

3. Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer.

4. Materials, supplies, and equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer.

5. Materials, supplies, or equipment to be incorporated into the Work shall not be purchased by the

Contractor or the Subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller.

2.07 INSPECTION AND TESTING

1. All materials and equipment used in the Work shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the Contract Documents.

2. The Owner shall provide all inspection and testing services not required by the Specifications.

3. The Contractor shall provide, at his expense, the testing and inspection services required by the

Contract Documents.

4. If the Contract Documents, laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction require any work to specifically be inspected, tested, or approved by someone other than the Contractor, the Contractor will give the Owner timely notice of readiness. The Contractor will then furnish the Owner the required certificates of inspection, testing or approval.

5. Inspections, tests, or approvals by the Engineer or others shall not relieve the Contractor from his obligations to perform the Work in accordance with the requirements of the Contract Documents.

6. The Engineer and the Owner will at all times have access to the Work. In addition, authorized representatives and agents of any Federal or State Agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof.

7. If any work is covered contrary to the written instructions of the Engineer it must, if requested by the Engineer, be uncovered for his observation and recovered at the Contractor’s expense.

8. If the Engineer considers it necessary or advisable that covered work be inspected or tested by the Engineer or others, the Contractor, at the Engineer request, will uncover, expose, or otherwise make available for observation, inspection, or testing as the Engineer may require, that portion of the work in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection, and testing and of satisfactory reconstruction. If, however, such work is not found to be defective, the Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction and an appropriate Change Order shall be issued.

2.08 SURVEYS, PERMITS, AND REGULATIONS

1. The Owner has, or shall, establish bench marks adjacent to the work as shown on the Drawings.

Any survey aids to construction, other than the aforementioned, desired by the Contractor shall be supplied by the Contractor shall be supplied by the Contractor at his expense.

2. The Contractor shall carefully preserve bench marks, reference points and stakes, and, in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.

3. All Permits required to lawfully complete the Work, including Building Permits, shall be secured by the Contractor, at his expense. The Contractor shall be responsible for complying with all the terms and conditions of such Permits. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the Work as drawn and specified. If the Contractor observes the Contract Documents are at variance therewith, he shall promptly notify the Engineer, in writing, and any necessary changes shall be adjusted by Change Order.

2.09 PROTECTION OF WORK, PROPERTY, AND PERSONS

1. The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. He will take all necessary precautions for the safety of, and will 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 all materials or equipment to be incorporated therein, whether in storage on or off-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.

2. The Contractor will comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction. He will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. He will notify owners of adjacent utilities when prosecution of the work may affect them. The Contractor will remedy all damage, injury, or loss of any property caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor or anyone for whose acts any of them be liable, except damage or loss attributable to the fault of the Contract Documents, or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor.

3. In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Engineer or Owner, shall act to…