The Wysox Community Park Boat Launch Project

GENERAL CONDITIONS PART I TABLE OF CONTENTS

SECTION 1 - GENERAL

1.1 DEFINITIONS:

1.2 SCOPE OF WORK

SECTION 2 - CONTRACT AND CONTRACT DOCUMENTS

2.1 GENERAL

2.2 BIDDING DOCUMENTS

2.3 CONTRACTUAL DOCUMENTS

2.4 GENERAL CONDITIONS

2.5 PLANS AND SPECIFICATIONS

2.6 NOTICE OF CHANGE OF ADDRESS

2.7 ASSIGNMENT OF CONTRACT

2.8 MODIFICATION OF CONTRACT

2.9 ORAL AGREEMENTS

SECTION 3 - INSURANCE, BONDS AND RELATED MATTERS

3.1 CONTRACTOR'S LIABILITY INSURANCE

3.2 OWNER's LIABILITY INSURANCE

3.3 PROPERTY INSURANCE

3.4 WAIVER OF RIGHTS

3.5 RECEIPT AND APPLICATION OF INSURANCE PROCEEDS

3.6 LIMITS OF INSURANCE COVERAGE

3.7 PARTIAL UTILIZATION--PROPERTY INSURANCE

3.8 INDEMNIFICATION

3.9 SURETY BONDS

SECTION 4 - RESPONSIBILITY OF THE LANDSCAPE ARCHITECT

4.1 GENERAL

4.2 OBSERVATION OF THE WORK

4.3 ACCEPTANCE OF WORK

4.4 LANDSCAPE ARCHITECT IS OWNER'S REPRESENTATIVE

SECTION 5 - OWNER'S RIGHTS AND RESPONSIBILITIES

5.1 LANDS AND RIGHTS OF WAY

5.2 PERMITS

5.3 BASE LINES AND GRADES

5.4 OWNER'S RIGHT TO CORRECT DEFICIENCIES

5.5 UNDERGROUND STRUCTURES

5.6 OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT

SECTION - 6 - CONTRACTOR'S RIGHTS AND RESPONSIBILITIES

6.1 GENERAL

6.2 APPLICABLE LAWS AND REGULATIONS

6.3 PERMITS, LICENSES AND CERTIFICATES

6.4 STRUCTURES OR WORK IN NAVIGABLE STREAMS

6.5 PERMITS AND INSPECTION CHARGES

6.6 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT

6.7 UNDERGROUND STRUCTURES

6.8 SURVEYS

6.9 LANDS BY CONTRACTOR

6.10 PRIVATE AND PUBLIC PROPERTY

6.11 REPORTS, RECORDS AND DATA

6.12 MATERIALS AND EQUIPMENT - SOURCES OF SUPPLY

6.13 EXAMINATION

6.14 SPECIFIED BRANDS OF MATERIALS

6.15 TITLE TO MATERIALS

6.16 PATENTS, ROYALTIES AND LICENSES

6.17 SUPERVISION BY CONTRACTOR

6.18 CONTRACTOR RESPONSIBLE UNTIL WORK COMPLETED

6.19 LIGHT, HEAT, POWER AND WATER

6.20 SANITARY PROVISIONS

6.21 SAFETY PROVISIONS

6.22 WORK DURING AN EMERGENCY

6.23 WARNING SIGNS AND BARRICADES

6.24 PUBLIC CONVENIENCE

6.25 PROTECTION, SUPPORT AND MAINTENANCE OF STRUCTURES

6.26 WEATHER CONDITIONS

6.27 PROTECTION AGAINST FREEZING

6.28 REMOVAL OF WATER

6.29 CONTRACTOR TO PROVIDE WATCHMEN

6.30 FIRES, SIGNS, LOADING AND REFUSE

6.31 USE OF PREMISES AND REMOVAL OF DEBRIS

6.32 EROSION AND SEDIMENTATION CONTROL

6.33 EMPLOYMENT REQUIREMENTS

6.34 DATE OF STARTING AND COMPLETING WORK

6.35 ORDER OF WORK

6.36 PROSECUTION OF WORK

6.37 COMPETENT WORKERS

6.38 SUBCONTRACTING

6.39 WORK BY OTHERS

6.40 COOPERATION OF TRADES

6.41 COOPERATION OF CONTRACTORS

6.42 NOTICE OF IMPERFECT WORK OR MATERIAL

6.43 NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

6.44 PENNSYLVANIA STEEL PRODUCTS PROCUREMENT ACT (NO. 178-3)

6.45 PENNSYLVANIA HUMAN RELATIONS ACT # 222, AS AMENDED

6.46 REGULATIONS PURSUANT TO SO-CALLED “ANTI-KICKBACK ACT”

SECTION 7 - PAYMENTS TO THE CONTRACTOR

7.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT

7.2 PARTIAL MONTHLY PAYMENTS

7.3 RETAINAGE

7.4 PAYMENT FOR UNCORRECTED WORK

7.5 PAYMENT FOR REMOVAL OF REJECTED WORK AND MATERIALS

7.6 ESTIMATES OF LANDSCAPE ARCHITECT TO BE FINAL

7.7 STATED ALLOWANCES

7.8 REQUESTS FOR EXTRA COMPENSATION

7.9 NO CHARGE FOR DELAY

7.10 LIQUIDATED DAMAGES

7.11 FINAL PAYMENT

GCI Part I-1

GENERAL CONDITIONS

PART I

CONTRACT CONDITIONS

These General Conditions are divided into two parts. Part I applies to all contracts entered into between the OWNER and the CONTRACTOR, regardless of the source of funding for the Project.

Part I may be amended by the Drawings or Technical Specifications. In addition, Special Conditions may also apply to the project and are included in the Contract Documents if applicable.

SECTION 1 - GENERAL

1.1 DEFINITIONS:

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

1.1.1 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.

1.1.2 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.

1.1.3 Architect, Landscape Architect, or Engineer: The design professional authorized by the Owner's as its technical and/or design representative for the Project.

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

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

1.1.6 Bidding Documents: The Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda).

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

1.1.8 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.

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

1.1.10 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.

1.1.11 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 Landscape Architect's written recommendation of final payment.

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

1.1.13 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.

1.1.14 Engineer, Landscape Architect, or Architect: The design professional authorized by the Owner as its technical and/or design representative for the Project.

GCI Part I-2

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

1.1.16 Landscape Architect, Engineer, or Architect: The design professional authorized by the Owner's as its technical and/or design representative for the Project. Wherever the term "Landscape Architect" is used, it shall mean Engineer or Landscape Architect or Architect or other design professional acting as the Owner's representative, as applicable.

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

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

1.1.19 MBE: A person, firm or corporation qualifying under the OWNER's Minority and Women Business Enterprise Plan as a bona fide Minority Business Enterprise.

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

1.1.21 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.

1.1.22 OWNER: The public body or authority, corporation, association, firm or person with whom the Contractor has entered into the Agreement and for whom the Work is to be provided.

1.1.23 Plans: (see "Drawings").

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

1.1.25 Resident Project Representative: Any authorized representative of the OWNER who is assigned to the project site or any part thereof, including the LANDSCAPE ARCHITECT and the LANDSCAPE ARCHITECT'S authorized representative.

1.1.26 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.

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

1.1.28 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.

1.1.29 Substantial Completion: The work (or a specified part thereof) has progressed to the point where, in the opinion of the LANDSCAPE ARCHITECT (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.

1.1.30 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").

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

GCI Part I-3

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

1.1.33 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 38 of 1991, or as amended.

1.1.34 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.

1.1.35 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 38 of 1991, or as amended.

1.1.36 WBE: A person, firm or corporation qualifying under the OWNER's Minority and Women Business Enterprise Plan as a bona fide Woman-Owned Business Enterprise.

1.1.37 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.

1.1.38 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.

Wherever, in the Contract Documents, the word "directed," "required," "permitted,"

"ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the OWNER or LANDSCAPE ARCHITECT is intended; and, similarly, the words "approved," "acceptable," "satisfactory," or words of like import shall mean approved by, acceptable to, suitable to or satisfactory to the OWNER or LANDSCAPE ARCHITECT in each case.

Wherever in the Contract Documents the words "supervision," or "superintendence," or words of like import are used, it shall be understood that supervision or superintendence by the CONTRACTOR is intended.

GCI Part I-4

1.2 SCOPE OF WORK

The work to be done under this Contract, as shown on the Drawings and Specifications, shall include the furnishing and complete installation of all materials and any other necessary work required for proper completion, operation and use of the facilities.

All the equipment, materials and labor that may be necessary to complete the work and place it in satisfactory operation, implied or intended in the Plans and Specifications, shall be furnished and/or installed without extra cost to the OWNER.

The titles or headings of the various divisions, sections, paragraphs, subparagraphs or of Drawings, and the Table of Contents and the indices, as used in any of the Contract Documents are for convenience of reference only and are not intended to limit and shall not be construed as in any way limiting the application of the text.

GCI Part I-5

SECTION 2 - CONTRACT AND CONTRACT DOCUMENTS

2.1 GENERAL

The Contract Documents comprise the following documents, including all additions, deletions and modifications incorporated therein before the execution of the Contract Agreement.

2.2 BIDDING DOCUMENTS

Bidding Documents issued by the OWNER to assist Bidders in preparing their proposals include:

(1) Advertisement for Bids (or Invitation for Bids)

(2) Instructions to Bidders (or Information for Bidders)

(3) Bid Proposal Form or "Bid" - The offer of a Bidder to perform the work described by the Contract Documents made out and submitted on the prescribed Bid Proposal Form, properly signed and guaranteed.

(4) Bid Security - A cashier's check, certified check, or Bid Bond shall accompany the Bid Proposal Form submitted by the Bidder as a guaranty that the Bidder will enter into an Agreement with the OWNER for the construction of the work if the Contract is awarded to him.

(5) Addenda to Contract Documents - Any addenda issued during the time of bidding or forming a part of the Contract Documents in the possession of the Bidder for the preparation of his Proposal, shall be covered in the Bid Proposal Form and shall be made a part of the Contract. Receipt of each Addendum shall be acknowledged in the Bid Proposal Form, and a receipted copy shall be submitted with the Bid.

(6) Any certifications, forms, affidavits or required attachments to the Bid as required by the Contract Documents.

2.3 CONTRACTUAL DOCUMENTS

(1) Agreement (or Contract Agreement) covers the performance of the work described in the Contract Documents, including all supplemental addenda thereto and all general and special specifications and provisions pertaining to the work or materials thereto. The Agreement also includes any required certifications, forms, affidavits, or required attachments submitted by the CONTRACTOR as a part of his Bid.

(2) Bonds - The CONTRACTOR shall, before the time of his execution of the Contract Agreement, furnish bonds in a form prescribed by the OWNER and with a Surety Company authorized to do business in the State where the work is located as follows:

(a) Performance Bond is an amount equal to one hundred percent of the

Contract Amount as a guarantee of good faith on the part of the CONTRACTOR to execute the work in accordance with the terms of the Contract.

(b) Labor and Material Payment Bond in an amount equal to one hundred percent of the Contract Amount as a guarantee of good faith on the part of the CONTRACTOR to make all payments for labor and material in connection with the Contract.

(3) Insurance policies or certificates as specified.

2.4 GENERAL CONDITIONS

The General Conditions outline certain general responsibilities of the OWNER and the CONTRACTOR (who are the parties to the Contract Agreement) and also those responsibilities delegated by the OWNER to the LANDSCAPE ARCHITECT who acts as the

GCI Part I-6 agent of the OWNER. These General Conditions are divided into two parts. Part I applies to all contracts entered into between the OWNER and the CONTRACTOR, regardless of the source of funding for the Project. Part I may be amended by the Drawings or Technical Specifications.

2.5 PLANS AND SPECIFICATIONS

The intent of the Drawings and Specifications is that the CONTRACTOR shall furnish all labor, materials, equipment, and transportation necessary for the proper execution of the work, unless specifically noted otherwise. The CONTRACTOR shall do all the work outlined in the Contract Documents and all incidental work necessary to complete the project in a substantial and acceptable manner and fully complete the work or improvement, ready for use, occupancy and operation by the OWNER.

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 LANDSCAPE ARCHITECT, who shall promptly correct such inconsistencies or ambiguities in writing. Any work done by the CONTRACTOR after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR'S risk.

Each requirement appearing in any one of the Contract Documents is as binding as though it were repeated or shown in every one of the Documents. In case of any discrepancy or conflict between or among two or more of said documents, except as otherwise ruled by the OWNER, figured dimensions shall control scaled dimensions, larger scale superseding smaller scale, Specifications shall control Drawings, and, in general, a special or detail specification shall control a general or standard specification or plan relative to the same subject.

In any and all cases of discrepancy in figures, Drawings or Specifications, the matter shall be submitted immediately by the CONTRACTOR to the LANDSCAPE ARCHITECT for his decision.

2.6 NOTICE OF CHANGE OF ADDRESS

It shall be the duty of each party to advise the other parties to the Contract Agreement by written notice as to any change in his business address until completion of the Contract.

2.7 ASSIGNMENT OF CONTRACT

Neither the CONTRACTOR nor the OWNER shall sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title or interest therein, or his obligations there under, without written consent of the other party.

2.8 MODIFICATION OF CONTRACT

A. Changes Initiated by OWNER

If changes are necessary to carry out and complete more fully or perfectly the work to be performed under the Contract, the Contract may be modified. The Contract may only be changed by written order of the OWNER, with the signature of the LANDSCAPE ARCHITECT. The CONTRACTOR shall acknowledge, in writing, the receipt of every such order. If the changes increase the cost of performing the work, the increased cost shall be paid by the OWNER. If such changes reduce the cost of performing the work, the amount of such reduction shall be credited to the OWNER.

No consequential loss of profit on work not executed shall be paid to the

CONTRACTOR.

The amount of compensation to be paid to the CONTRACTOR or credited to the OWNER for any changes to the Contract, as so ordered, shall be determined as indicated in Subsection 2.8 C, "Basis for Determination of Additional Compensation."

B. Changes Initiated by CONTRACTOR

(1) Required Notices and Authorization - If the CONTRACTOR encounters conditions which may, in their opinion, require a change in the Contract or

GCI Part I-7 result in a claim for additional compensation, the CONTRACTOR shall give immediate written notice to the LANDSCAPE ARCHITECT of such conditions, and perform no additional work affected by such conditions until a written order is issued by the OWNER, with the signature of the LANDSCAPE ARCHITECT, and accepted by the CONTRACTOR.

No claims for additional compensation will be made or allowed for any affected work performed prior approval by the OWNER.

Claims for additional compensation shall be made in accordance with this Paragraph and Paragraph 7.8, "Requests for Extra Compensation."

The amount of compensation to be paid to the CONTRACTOR or credited to the OWNER for any changes to the Contract, as so ordered, shall be deter-mined as indicated in Subsection 2.8 C, Basis for Determination of Additional Compensation."

C. Basis for Determination of Additional Compensation

When additional compensation is due the CONTRACTOR or when a credit is due the OWNER for changes to the Contract, the amount of such additional compensation or credit shall be determined as follows:

(1) By such applicable unit prices, if any, as are set forth in the Contract

Documents; claims for additional compensation shall be accompanied by itemized information showing the location of the extra work and the quantity of each item for which the CONTRACTOR requests payment. The location shall reference the construction, stationing, street names and property owners; or,

(2) By a lump sum mutually agreed upon by the OWNER and the CONTRACTOR;

or,

(3) If no such unit prices are so set forth and if the parties cannot agree upon a lump sum, then by the cost (or in the case of credit - the estimated cost) to the CONTRACTOR for the materials, labor and equipment costs.

These costs shall be calculated in accordance with Pennsylvania Department of Transportation Publication 408, latest edition, and/or applicable standard costs published by an appropriate agency (as determined by the CONTRACTOR AND LANDSCAPE ARCHIECT), for extra work performed on a force account basis as follows:

(a) Labor - Wages of forepersons; equipment operators; and skilled, semi-skilled, and common laborers directly assigned to the specific operation will be reimbursed as direct labor at contract or actual payroll rate of wages per hour and actual fringe benefits paid, for each hour that such employees are actually engaged in the performance of the authorized work and, if directed, overtime as provided by existing laws and regulations.

Indirect labor cost added to the direct labor cost will be allowed as follows:

GCI Part I-8

Social Security Tax at the percentage legally required;

Unemployment Tax at the percentage legally required;

Worker's Compensation Insurance at the policy percentage rate;

Contractor's Public Liability Insurance at the policy percentage rate; and Contractor's Property Damage Liability Insurance at the policy percentage rate, including coverage for damage due to blasting and explosions, when additional coverage is secured on projects requiring blasting.

(b) Material - The cost of material used will be reimbursable at the actual cost of material, including applicable tax and transportation charges, shown on invoices.

(c) Equipment - Reasonable rental rates for equipment, including machinery and trucks, mutually considered necessary, will be allowed, computed as follows:

For equipment, either rented or owned, including pumps and compressors, an hourly rental rate will be determined using the monthly rental rates taken from the current edition of the Rental Rate Blue Book for Construction Equipment and dividing by 176. An allowance will be made for operating costs for every hour the machinery or equipment is operating, in accordance with rates listed in the rental book. If machinery or equipment is required at the work site, but is not operating, compensation will be at the hourly rental rate, exclusive of operating costs.

The daily rental rate for equipment used for maintenance and protection of traffic (signs, flashers, barricades, drums, etc.) on a 24-hour basis will be determined by dividing the monthly rental rate by 22.

To the above rates, add the predominant area adjustment percentage for the State as shown on the area adjustment map in the Rental Rate Blue Book for Construction Equipment.

In the case of machinery or equipment not in the Rental Rate Blue Book for Construction Equipment, a monthly rate will be computed on the basis of 6% of the manufacturer's list price for sale (new) of such equipment; the hourly rate in this case will be determined by dividing the monthly rate by 160, when actually operating, and by 176, when at work site but not operating, with no percentage added. For equipment used for maintenance and protection of traffic signs, flashers, barricades, drums, etc.), with no rate listed in the Rental Rate Blue Book, use a daily rate computed on the basis of 6% of the manufacturer's list price for the sale (new) of this equipment, divided by 22, with no percentage added.

(d) Services by Others - For any service such as maintenance and protection of traffic signing, engineering services, or specialized construction analysis not considered as subcontract work requiring pre-qualification, the CON- TRACTOR will be compensated at the invoice price plus 2% to cover administration and all other costs.

(e) Insurance - When Railroad's Protective Public Liability Insurance or Railroad's Protective Property Damage Liability Insurance are required by the Contract, reimbursement of insurance premium paid will be allowed at the policy premium rate.

"Special" railroad insurance, not covered by the Contractor's Protective Public Liability and Property Damage Liability Insurance, will be indicated in the Contract.

GCI Part I-9

No allowance will be made for Contractor's Protective Public Liability and Property Damage Liability Insurance in the case of subcontracting, although such protection may be specified.

(f) Subcontract - For work to be performed by a subcontractor, payment will be the actual and reasonable cost of the subcontracted work, computed on the foregoing basis, as authorized and accepted in writing.

(g) Overhead and Profit - Except as specified in Subsection 2.8 C 3 (d), to cover all administration, general superintendence, other overhead, bonds, insurance, anticipated profit, and use of small tools and equipment, for which no rental is allowed, add 25% to the labor cost, the material cost, the equipment cost and, when applicable, add 2% to the total force-account invoice for subcontract work.

The calculation for Overhead and Profit described in (g) above is based upon the formula contained in PennDOT’s Publication 408 most current edition.

Claims for additional compensation shall be accompanied by itemized records showing the following items:

Labor - Name, classification, date, daily hours, total hours, rate and extension for each foreperson; equipment operator; skilled, semi-skilled, and common laborer. (Add to this invoice or payroll transcript the percentage rates paid, for appropriate tax and insurance items.)

Material - Quantities of material by name, price and extensions, including applicable tax and transportation charges.

Equipment - Designation, date, daily hours, total hours, rental rates and extension for each item of equipment, including machinery and trucks.

Summary - Summarize labor, material, equipment costs, overhead and profit, insurance premiums and subcontractor costs, including overhead and profit. Accompany and support statements by invoices for all material used, taxes and transportation charges. Furnish an affidavit certifying that costs for material being charged are the actual costs of material used in the work. File the required statements during the month following that in which the work was performed.

D. Requests for Payment

1. Requests for additional compensation shall be made in accordance with this

Paragraph 2.8 and with Paragraph 7.8, "Requests for Extra Compensation".

2. This Paragraph may be modified by the Specifications (if any) that apply to this

Contract.

E. Emergencies

The provisions hereof shall not affect the power of the CONTRACTOR to act in case of emergency, as herein provided.

2.9 ORAL AGREEMENTS

No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.

GCI Part I-10

SECTION 3 - INSURANCE, BONDS, AND RELATED MATTERS

3.1 CONTRACTOR'S LIABILITY INSURANCE

• The CONTRACTOR shall purchase and maintain, from a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, such comprehensive liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:

• claims under workers' compensation, disability benefits and other similar employee benefit acts;

• claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees;

• claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees;

• claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason;

• claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting there from; and

• claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle.

Umbrella and/or Excess Liability Insurance - In addition to the insurance requirements itemized in this Section, the CONTRACTOR shall provide "Excess Liability" coverage of $1 million. If the CONTRACTOR intends to use his "Excess Liability" policy to meet the other specified insurance limits, the "Excess Liability" policy must be increased accordingly. If the total of the required underlying policies and the excess limits are met, all requirements will be satisfied.

No XCU Exclusions - Any XCU exclusions shall be deleted from the policy and full coverage shall be included for property damage liability for explosion hazards, collapse hazards and underground property damage hazards.

GCI Part I-11

The policies of insurance so required by this paragraph to be purchased and maintained shall:

• include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, LANDSCAPE ARCHITECT, LANDSCAPE ARCHITECT's Consultants and any other persons or entities identified in the Contract Documents, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds;

• include the specific coverages and be written for not less than the limits of liability provided herein or required by Laws or Regulations, whichever is greater;

• include completed operations insurance;

• include contractual liability insurance covering CONTRACTOR's indemnity obligations under this contract;

• contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph

5.3.2 will so provide);

• remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective work; with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter).

3.2 OWNER's LIABILITY INSURANCE

In addition to the insurance required to be provided by CONTRACTOR under this section, OWNER, at OWNER's option, may (but is not obligated to) purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents.

3.3 PROPERTY INSURANCE

Unless otherwise provided in the Contract Documents, CONTRACTOR shall purchase and maintain property insurance, from a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, in the full amount of the contract on a replacement-cost basis (subject to such deductible amounts as may be approved by the OWNER or required by Laws and Regulations). This insurance shall:

• include the interests of OWNER, CONTRACTOR, Subcontractors, LANDSCAPE ARCHITECT, LANDSCAPE ARCHITECT's Consultants and any other persons or entities identified in the Contract Documents, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured;

• be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by

GCI Part I-12 enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Contract Documents;

• include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects);

• cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by LANDSCAPE ARCHITECT; and

• be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and LANDSCAPE ARCHITECT, with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued.

OWNER may purchase and maintain such additional property insurance as it deems necessary or as required by Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, LANDSCAPE ARCHITECT, LANDSCAPE ARCHITECT's Consultants and any other persons or entities identified in the Contract Documents, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured.

All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 3.4.

OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work.

3.4 WAIVER OF RIGHTS

OWNER and CONTRACTOR intend that all policies purchased in accordance with this section will protect OWNER, CONTRACTOR, Subcontractors, LANDSCAPE ARCHITECT, LANDSCAPE ARCHITECT's Consultants and all other persons or entities identified to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, LANDSCAPE ARCHITECT, LANDSCAPE ARCHITECT's Consultants and all other persons or entities identified to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued.

In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, LANDSCAPE ARCHITECT, LANDSCAPE ARCHITECT's Consultants and the officers, directors, employees and agents of any of them, for:

• loss due to business interruption, loss of use or other consequential loss extending beyond direct physical loss or damage to OWNER's property or the Work caused

GCI Part I-13 by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and

• loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance main-tained on the completed Project or part thereof by OWNER during partial utilization, after substantial completion, or after final payment.

Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CONTRACTOR, Subcontractors, LANDSCAPE ARCHITECT, LANDSCAPE ARCHITECT's Consultants and the officers, directors, employees and agents of any of them.

3.5 RECEIPT AND APPLICATION OF INSURANCE PROCEEDS

Any insured loss under the policies of insurance required herein will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment.

OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection is made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER, as fiduciary, shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties.

3.6 LIMITS OF INSURANCE COVERAGE

The CONTRACTOR will furnish the following minimum limits of insurance coverage, unless otherwise specified in the Detail Specifications:

General Liability Bodily Injury $1,000,000 Property Damage $1,000,000

Automobile Liability Combined Single Limit $1,000,000

Excess Liability $1,000,000 Worker's Compensation Statutory Employer's Liability $ 100,000 Property Insurance: Builder’s Risk "All-Risk" *

*Applicable to projects involving structures. Limit of coverage will correspond to the amount of the contract less any agreed-to uninsurable portions of the work, as approved by the OWNER. In cases of projects involving utility lines or other work on which Builder's Risk policies are normally not written, the CONTRACTOR will furnish an "All-Risk" Installation Floater that provides coverage for all materials stored or installed. Such insurance will provide coverage until said materials have been

GCI Part I-14 installed, tested and placed in operation by OWNER. Such insurance may have a deductible clause but the amount of deductible shall not exceed One Thousand Dollars ($1,000.00).

Special Hazards Insurance ** **When the Work involves occupancy of railroad right of way, highway right of way, use of marine equipment or work in navigable waterways, or any other special hazard, adequate liability insurance shall be provided by the CONTRACTOR as required by the railroad or the regulatory agency or governmental body having jurisdiction over the Work site(s). In the case of railroad protective insurance, the conditions of the License Agreement between the OWNER and the railroad will be fully met by the CONTRACTOR'S insurance, with such special insurance certificates or "additional insureds" as may be required. In the case of occupancy of PADOT right of way, the CONTRACTOR will furnish all certificates required by PADOT, on the form(s) prescribed by PADOT.

3.7 PARTIAL UTILIZATION--PROPERTY INSURANCE

If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, the insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy.

3.8 INDEMNIFICATION

The CONTRACTOR shall waive any right of contribution and shall indemnify and hold harmless the OWNER, its agents and employees, and the LANDSCAPE ARCHITECT, from and against all claims, damages, losses and expenses, including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity that would otherwise exist as to any party or person described in this agreement.

In any and all claims against the OWNER or LANDSCAPE ARCHITECT or any of their agents or employees and consultants by any employee of the CONTRACTOR, subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under the foregoing paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen’s compensation acts, disability benefit acts or other employee benefit acts.

"Claims, damages, losses and expenses" as these words are used in this agreement shall be construed to include, but not be limited to (1) injury or damage consequent upon the failure of or use or misuse by CONTRACTOR, its subcontractors, agents, servants or employees, of any hoist, shoring, rigging, blocking, scaffolding or any and all other kinds of items of equipment whether or not the same be owned, furnished or loaned by OWNER; (2) all attorneys fees and costs incurred in bringing an action to enforce the provisions of this indemnity agreement; and (3) time expended by the party being indemnified and their employees, at their usual rates plus costs of travel, long distance telephone and reproduction of documents.

Any provision of this Paragraph 3.10 in respect of indemnification which is prohibited or unenforceable by law in the State in which the work, or other performance described in this Contract

GCI Part I-15 is cited shall be ineffective to the extent of such prohibition or unenforceability and shall not invalidate the remaining provisions of this Paragraph 3.10 or this Contract.

3.9 SURETY BONDS

All Bonds will be taken out with a corporate surety that is acceptable to the OWNER and is authorized to do business in the State where the work is to be performed.

All Bonds shall be in the forms prescribed by law or regulation or by the Contract Documents and be executed by such sureties as are named either in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S.

Treasury Department or on the current edition of the "Surety List" of licensed companies published by the Commonwealth of Pennsylvania Insurance Department, Company Division System. All Bonds signed by an agent must be accompanied by a certified copy of the Authority to act, dated concurrent with the Bond.

If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any State where any part of the project is located or it ceases to meet the requirements above, the CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to the OWNER.

A. Performance and Labor and Material Payment Bonds Before execution of the Contract Agreement, the CONTRACTOR shall furnish to the OWNER the following bonds that shall become binding upon the awarding and execution of the Contract Agreement:

(1) Performance Bond: At one hundred percent of the final Contract amount conditioned upon the faithful performance of the Contract, in accordance with the Drawings, Specifications and conditions of this Contract. Such bond shall be solely for the protection of the OWNER.

(2) Labor and Material Payment Bond: At one hundred percent of the final Contract amount, such Bond shall be solely for the protection of individuals, firms, corporations, partnerships and associations supplying labor or materials to the CONTRACTOR or to any of his subcontractors in the prosecution of the work provided for in the Contract and shall be conditioned for the prompt payment of all such material furnished or labor supplied or performed in the prosecution of the work.

B. Maintenance Bond At the time of final acceptance of the project construction and prior to final payment, the CONTRACTOR will, unless otherwise indicated in the Specifications, be required to furnish the OWNER with a one-year Maintenance Bond in the amount of one hundred percent of the final contract amount covering the guarantee for one year for any required or necessary maintenance or repairs on the completed project or necessary maintenance of highway surface or base.

C. Consent of Surety to Final Payment At the time of final acceptance of the project construction and prior to final payment, the CONTRACTOR will be required to provide a Consent of Surety To Final Payment from the Surety which issued the Performance and Labor and Material Payment Bonds, accompanied by a properly executed Power of Attorney, and indicating that all claims for labor and material on the project have been satisfied and the Surety consents to have the final payment released to the CONTRACTOR.

GCI Part I-16

SECTION 4 - RESPONSIBILITY OF THE LANDSCAPE ARCHITECT

4.1 GENERAL

The LANDSCAPE ARCHITECT shall decide questions which may arise as to the quality and acceptability of materials furnished, work performed, rate of progress of work, interpretation of Drawings and Specifications and all questions as to the acceptable fulfillment of the Contract Agreement on the part of the CONTRACTOR. The duties and responsibilities of the LANDSCAPE ARCHITECT as set forth herein shall not be extended except through written consent of the LANDSCAPE ARCHITECT and the OWNER.

4.2 OBSERVATION OF THE WORK

All materials and each part or detail of the work shall be subject at all times to observation by the LANDSCAPE ARCHITECT and the OWNER, and the CONTRACTOR will be held strictly to the intent of the Contract Documents in regard to quality of materials, workmanship and the diligent execution of the Contract. Observations may be made at the site or at the source of material supply, whether mill, plant or shop. The LANDSCAPE ARCHITECT shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the CONTRACTOR as is required to make his observations.

4.3 ACCEPTANCE OF WORK

The LANDSCAPE ARCHITECT'S decision as to the acceptability or adequacy of the work shall be final and binding upon the CONTRACTOR. The CONTRACTOR agrees to abide by the LANDSCAPE ARCHITECT'S decision relative to the performance of the work.

4.4 LANDSCAPE ARCHITECT IS OWNER'S REPRESENTATIVE

The LANDSCAPE ARCHITECT shall be the OWNER'S representative during the construction period. The LANDSCAPE ARCHITECT will make periodic visits to the site to observe the progress and quality of the executed work and to determine, in general, if the work is proceeding in accordance with the Contract Documents.