2-Part II - Revised 9.5.25.pdf

SPECIFICATIONS

PART II - CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS

Article No * Article Page

1 Definitions 1

2 Preliminary Matters 8

3 Contract Documents: Intent, Amending and Reuse 9

4 Availability of Lands; Physical Conditions;

Reference Points 13

5 Bonds and Insurance 14

6 The Contractor's Responsibilities 18

7 Other Work 25

8 The Owner's Responsibilities 26

9 Engineer's Status during Construction 27

10 Changes in the Work 30

11 Change of Contract Price 33

12 Change of Contract Time 39

13 Warranty and Guarantee; Tests and

Inspections; Correction, Removal or

Acceptance of Defective Work 40

14 Payments to the Contractor and Completion 43

15 Suspension of the Work and Termination 48

16 Resolution of Construction Claims 50

17 Miscellaneous 51

18 Special Legal Requirements for

Pennsylvania Public Works 52

19 Employment Requirements 62

20 Sexual Harassment 64

21 Minority and Women Business Enterprises 64

22 Section 3 of the Housing and Urban Development act of 1968 64

Index to General Conditions of the Contract 65

REFER TO LOWER LEFT CORNER OF PAGE FOR ARTICLE NUMBER REFERENCE

00700-061025

PART II - CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS - CONTENTS

CONDITIONS OF THE CONTRACT

GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS

Whenever used in these General Conditions or in other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

Addenda - Written or graphic instruments issued prior to the opening of Bids which make changes, additions, or deletions to the Bid Documents or the Contract Documents.

Agreement - The written agreement 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.

Application for Payment - The form furnished by the Engineer which is to be used by the

Contractor in requesting progress or final payments and which includes such supporting documentation as is required by the Contract Documents.

Asbestos - Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States

Occupational Safety and Health Administration.

Beneficial Use or Occupancy - Placing all or any portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching completion for all of the Work.

Bid - The offer or Proposal of the Bidder submitted on the prescribed form setting forth the price or prices for the Work to be done.

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).

Bidding Requirements - The Notice Inviting Bids, Instructions to Bidders, Bid Form and the accompanying Bid Form or Bid Sheets.

Bonds - Bid, Performance, and Payment Bonds, Two Year Maintenance Bond and other instruments which protect against loss due to inability or refusal of the Contractor to perform and maintain its Contract and Agreement.

Change Order - A document recommended by the Engineer which is signed by the Contractor and the Owner and authorizes an addition to, deletion from, or revision of the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the

Agreement.

00702-061025

GENERAL CONDITIONS - PAGE 1

Contract Documents - Unless otherwise defined in the Supplementary General Conditions, the

Contract Documents shall include the Notice Inviting Bids, Instructions to Bidders, the accepted

Bid and Bid Form, List of Subcontractors, Bidder’s General Information, Non-Collusion Affidavit, Bid Bond or Bid Security, the Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Non Compliance Notice, Stop Work Notice, Contractor’s Downtime, Extra Work Confirmation, Change Order, Work Directive Change, Field

Order, Notice of Substantial Completion, Notice of Final Completion, Consent of Surety Request for Adjustment of Retainage, Consent of Surety For Final Payment, Unconditional Waiver

Progress Payment and Release, Unconditional Waiver Final Payment and Release, Application and Certification for Payment, General Conditions of the Contract, Technical Specifications, Owner/Agency Standard Documents, the prevailing rate of per diem wage, as determined by the appropriate regulatory agency, Asbestos Abatement and Demolition Renovation Notification, Federal Requirements, State Requirements, Supplementary General Conditions and all Addenda.

Shop Drawings submittals approved pursuant to Article 6.12 and the reports and drawings referred to in Article 4.2a are not Contract Documents.

Contract Lump Sum Price – The price quoted by the Bidder for performing or furnishing each item of Work to be paid for on the basis of lump sum of Work completed at specified lump sum prices.

Contract Price - The total monies payable by the Owner to the Contractor under the terms and conditions of the Contract Documents.

Contract Time - The number of successive calendar days as stated in the Contract Documents for the completion of the Work between the Notice to Proceed date and the Notice of Substantial

Completion date.

Contract Unit Price - The price quoted by the Bidder for performing or furnishing each item of

Work to be paid for on the basis of units of Work completed at specified unit prices.

Contractor - The person, firm, partnership, co-partnership or Corporation with whom the Owner has executed the Agreement.

GENERAL CONDITIONS - PAGE 2

Contractor's Project Representative - Contractor's representative for the Project through whom all matters addressed to the Contractor regarding the Project shall be directed. This individual and the Owner's or Engineer's Project Engineer and/or Resident Project Representative shall be the only three individuals who shall have the authority to provide direction and receive authorization on matters pertaining to the Project.

Cost of Work - The term Cost of Work (determined as provided in Articles 11.2, 11.3 and 11.4, herein) shall mean the sum of all costs necessarily incurred and paid for by the Contractor for labor, materials, and equipment in the proper performance of the Work, plus the Contractor's fee for overhead and profit (determined as provided in Article 11.4, herein).

Daily Work Reports – Shall be completed by the Contractors Representative daily and submitted weekly to the Resident project Representative. Daily Work Reports shall include date, equipment, laborers, Items of Work, quantity of materials installed, weather, temperature and comments.

Day - A calendar day of 24 hours, measured from midnight to the next midnight.

Defective Work - Work that is unsatisfactory, faulty, or deficient, or that does not conform to the

Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents; or Work that has been damaged prior to the Engineer's recommendation of final payment.

Drawings/Contract Drawings - The drawings, plans, maps, profiles, diagrams, and other graphic representations which show the character, location, nature, extent and scope of the Work to be performed.

Effective Date of the Agreement - The date indicated in the Agreement on which it was executed, but if no such date is indicated it shall mean the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

End of Contract - The End of the Contract shall be identified as being that day when the Work should be completed based upon the date as indicated on the Notice of Final Completion Form, plus any time extensions granted by the Owner.

Engineer - The person, firm, or Corporation named as such in the Supplementary General

Conditions. Reference herein to Engineer shall be deemed to include the Resident Project

Representative as the authorized Representative of the Owner and Consulting Engineer, where applicable.

Engineer's Estimate - On unit-price Contracts, the list of estimated quantities and prices of the individual line items of Work to be performed as contained in the Bid Form(s). On lump-sum

Contracts, the estimated Contract Price of the completed Project.

Extra Work Reports - Cost isolation reports detailing all costs of extra Work, disputed Work, emergency Work, or other Work paid for on a force account basis and the cost of other operations.

A record of daily costs, separate and distinct from the daily costs of other Work on the Project for which a Contract Price has been established.

GENERAL CONDITIONS - PAGE 3

Field Order - A written order issued by the Engineer which, in the opinion of the Engineer, does not involve a change in the Contract Price or the Contract Time.

Final Completion – Final completion of the Work shall be the date of such total acceptance of the

Work by the Owner. Final completion shall mean 100% performance of the Contract, which shall have the definition given in Black's Law Dictionary, Revised Fourth Edition, West Publishing

Company.

General Requirements - Refer to sections of the Technical Specifications.

Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Pennsylvania

Department of Environmental Protection rules and regulations, County and/or State Codes, Federal

Regulations and adopted laws, codes, regulations and ordinances.

Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes, and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and

Regulations.

Liquidated Damages - The dollar amount per day specified in the Agreement that the Contractor shall pay to the Owner for each day that the Work remains incomplete following the number of calendar days for the Work to be completed after the Notice to Proceed date, as specified in the

Contract Documents, with any time adjustments based on approved change orders.

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 into the Contract Work or to be used in the operation of the completed improvements.

Milestone - A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to substantial completion of all the Work.

Minority Business Enterprise (MBE) - A for-profit business concern that is one of the following:

1. A sole proprietorship, owned and controlled by a minority; or

2. A partnership or joint venture controlled by minorities in which 51% of the beneficial ownership interest is held by minorities; or

3. A corporation or other business enterprise controlled by minorities in which at least 51% of the voting interest and 51% of the beneficial ownership interest are held by minorities.

Minority Person: - Persons who are citizens of the United States and who are African

Americans, Hispanic Americans, Native Americans, or Asian-Pacific Americans.

Notice of Award - The written notice by the Owner to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions enumerated therein, within the time specified, the Owner shall enter into an Agreement. This Notice shall only be issued after

Owner approval.

GENERAL CONDITIONS - PAGE 4

Notice of Final Completion - The legal document filed by the Owner with the County Recorder after the Project has been accepted by the Owner. This document begins the notification period when those firms or individuals who have submitted a Preliminary Notice for the Project shall be on notice that the Project has been accepted as complete by the Owner.

Notice to Proceed - A written notice issued by the Owner to the Contractor authorizing the

Contractor to proceed with the Work and establishing the date of commencement of the Contract

Time and commencement of calendar days allowed for completion of the Project.

Owner - The agency with whom the Contractor has entered into the Agreement and for whom the

Work shall be performed.

Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching substantial completion of the Work. A Notice of

Partial Utilization shall be issued to the Contractor when such occurs.

PCB's - Polychlorinated biphenyls.

Petroleum - Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other Non-Hazardous Wastes and crude oils.

Plans – (see “Drawings”).

Project - The total construction of the Work to be provided under the Contract Documents, may be the whole, or a part thereof, as indicated elsewhere in the Contract Documents and covers all

Work areas and accessory areas, such as storage yards.

RCRA Hazardous Waste - The term RCRA hazardous waste shall have the meaning provided in

Pennsylvania Department of Environmental Protection rules and regulations.

Resident Project Representative - The person named in the Supplementary General Conditions as the authorized Representative of the Owner or the Engineer who is assigned to the Site or any part thereof. All liaisons between the Contractor and the Owner shall be directed through the

Resident Project Representative.

Samples - Physical examples of materials, equipments, or workmanship that are representative of some portion of the Work and which establish the standard by which such portion of the Work shall be judged.

Schedule of Values - Cost value of activities; A breakdown of a lump sum Project into unit Values to serve as a basis for estimating the value of the Work completed to facilitate the making of progress payments to the Contractor. The unit values in a Schedule of Values are for convenience only, and are not intended for the purpose of pricing Change Orders.

GENERAL CONDITIONS - PAGE 5

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

Specifications - Those portions of the Contract Documents consisting of Part I, Notice Inviting

Bids, Instructions to Bidders, Bid Forms, Agreement; Part II, General and Supplementary General

Conditions of the Contract; and Part III, Technical Specifications, consisting of the written technical descriptions of materials, equipment, construction systems, methods, standards, and workmanship as applied to the Work and certain administrative details applicable thereto.

Standard Specifications - The Standard Specification, where applicable, shall be as named in the

Supplementary General Conditions.

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. A

Subcontractor is any individual or firm which has contracted with the Prime Contractor to perform any portion of the Work. Subcontractor is responsible for compliance with all the terms and conditions of the Contract.

Substantial Completion - Refers to the Work (or a specified part thereof) that has progressed to the point where, in the opinion of the Engineer, as evidenced by the Notice of Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended;

or if there is no such certificate issued, when final payment is due in accordance with the provisions of the Contract Documents, and where the Engineer can recommend that the Work be accepted by the Owner. The terms "Substantial Completion" and "substantially complete" and "substantially completed" as applied to any Work shall mean Substantial Performance of the Contract, hereunder.

(See definition of "Completion," herein, and in Black's Law Dictionary, Revised Fourth Edition, West Publishing Company.)

GENERAL CONDITIONS - PAGE 6

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 General Conditions - The part of the Contract Documents which makes additions, deletions, or revisions to these General Conditions.

Supplier - A Manufacturer, fabricator, retailer, wholesaler, distributor, materialman, or vendor having a direct Contract with the Contractor or with any Subcontractor or with the Owner to furnish materials or equipment to be incorporated in the Work by the Contractor or any Subcontractor.

Technical Specifications - The technical sections of the Specifications, comprising all sections contained in Part III of the Specification defined herein.

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, but not limited to the following, services or materials: electricity, water, sewage and drainage removal, gases, steam, liquid petroleum products, telephone or other communications, cable television, traffic or other control systems.

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

Women’s Business Enterprise (WBE) - A for-profit business concern that is:

1. A sole proprietorship, owned and controlled by a woman; or

2. A partnership or joint venture controlled by women in which at least 51% of the beneficial ownership is held by women; or

3. A corporation or other business enterprise controlled by women in which at least 51% of the voting interest and 51% of the beneficial ownership interest are held by women.

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

Work Directive Change - A written directive to the Contractor issued on or after the Effective

Date of Agreement and signed by the Owner and recommended by the Engineer, ordering a change or in response to emergencies as provided in the Contract Documents. A Work Directive Change may be used on changes affecting the Contract Price or the Contract Time, but shall not authorize payment or a time extension until the Work is incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in the Contract Documents. This shall be followed regardless of whether the

Contractor is in agreement or not.

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

GENERAL CONDITIONS - PAGE 7

Engineer 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

Engineer 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.

ARTICLE 2 - PRELIMINARY MATTERS

2.1 Delivery of Bonds:

When the Contractor delivers the executed Agreement to the Owner, the Contractor shall also deliver to the Owner such Bonds and insurance policies or certificates as the Contractor may be required to furnish in accordance with the Contract Documents.

2.2 Copies of Documents:

The Owner shall furnish to the Contractor, one copy, if requested, (unless otherwise specified in the Supplemental Conditions of the Contract Documents) as are reasonably necessary for the execution of the Work. Additional copies shall be furnished, upon request, at cost of reproduction.

2.3 Commencement of Contract Time; Notice to Proceed:

The Contract Time shall commence to run on the date specified in the Notice to Proceed.

2.4 Starting the Work:

The Contractor shall start to perform the Work on the date when the Contract Time commences to run but no Work shall be done on the Project prior to the date on which the Contract Time commences to run.

2.5 Before Starting Construction:

a. Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The Contractor shall promptly report in writing to the Engineer any conflict, error or discrepancy which the Contractor may discover and shall obtain a written interpretation or clarification from the Engineer before proceeding with any Work affected thereby; however, the Contractor shall not be liable to the Owner or the Engineer for failure to report any conflict, error or discrepancy in the Contract

Documents, unless the Contractor had actual knowledge thereof or should reasonably have known thereof.

b. The Contractor shall submit to the Engineer for review and approval those documents called for under "Submittals" in the Contract Documents BEFORE ANY

MATERIALS ARE PURCHASED AND BEFORE ANY WORK IS UNDERTAKEN

WITHIN THE PHYSICAL PROJECT LIMITS OF WORK.

GENERAL CONDITIONS - PAGE 8

c. When the Contractor delivers its signed Agreement to the Owner, the Contractor shall deliver to the Owner, with a copy to the Engineer, certificates (and other evidence of insurance requested by the Owner) which the Contractor is required to purchase and maintain in accordance with the requirements of the Contract Documents.

2.6 Preconstruction Conference:

A preconstruction conference attended by the Contractor, the Engineer, and others as appropriate shall be held to discuss the Work in accordance with the applicable sections of the Contract

Documents.

2.7 Finalizing Schedules:

At least 7 days before submittal of the first Application for Payment, a conference attended by the

Contractor, the Engineer, and others as appropriate shall be held to finalize the Schedules submitted in accordance with the Contract Document requirements.

ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.1 Contract Documents:

a. The Contract Documents comprise the entire agreement between the Owner and the Contractor concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The most restrictive sections of the

Contract Documents, to the benefit of the Owner, will always control the Contract. The

Contract Documents will be construed in accordance with the laws of the location of the

Project.

b. It is the intent of the Contract Documents to describe the Work, functionally complete, to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials, or equipment, such Work shall be interpreted in accordance with that meaning.

c. Reference to standard Specifications, manuals, or codes of any technical society, organization, or association, or to the Law or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard

Specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise specifically stated. However, no provision of any referenced standard Specification, manual, or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the Owner, the Contractor, or the Engineer or any of their consultants, agents, or employees from those set forth in the Contract Documents.

d. If, during the performance of the Work, the Contractor finds a conflict, error, or discrepancy in the Contract Documents, the Contractor shall so report to the Engineer in writing at once and, before proceeding with the Work affected thereby, shall obtain a written interpretation, clarification, or correction from the Engineer.

00702-061025

GENERAL CONDITIONS - PAGE 9

e. All Work on the Project shall be fully completed in accordance with what would be expected from a competent Contractor for performing similar Projects in the general project area.

f. There may be generally acceptable forms in the construction and engineering industry which will be used for various portions of the project and which may not be included in the Contract Documents.

3.2 Amending and Supplementing Contract Documents:

The Contract Documents may be amended after execution of the Agreement to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways:

1. A Change Order, or

2. A Work Directive Change

3. Extra Work Confirmation

3.3 Order of Precedence of Contract Documents:

a. In resolving disputes resulting from conflicts, errors, or discrepancies in any of the

Contract Documents, the order of precedence shall be as follows:

1. Change Orders, Work Directive Changes or Extra Work Confirmation

2. Agreement

3. Addenda

4. Contractor's Bid (Bid Form)

5. Supplementary General Conditions

6. Notice Inviting Bids

7. Instructions to Bidders

8. General Conditions of the Contract

9. Technical Specifications

10. Referenced Standard Specifications

11. Contract Drawings

12. Referenced Standard Drawings

b. With reference to the Drawings, the order of precedence shall be as follows:

1. Figures govern over scaled dimensions

2. Detail drawings govern over general drawings

3. Addenda/Change Order/Work Directive Change drawings govern over Contract Drawings

4. Contract Drawings govern over standard drawings

GENERAL CONDITIONS - PAGE 10

3.4 Reuse of Documents:

Neither the Contractor, nor any Subcontractor or Supplier, nor any other person or organization performing or furnishing any of the Work under a direct or indirect Contract with the Owner shall have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of the Engineer; and they shall not reuse any of them on extensions of the Project or any other Project without written consent of the Owner and the Engineer and specific written verification or adaptation by the Engineer.

ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE

POINTS

4.1 Availability of Land:

The Owner shall furnish, as indicated in the Contract Documents, the land upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other land which is designated for the use of the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be obtained and paid for by the Owner, unless otherwise provided in the

Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the Contractor exclusive occupancy of the land or rights-of-way provided. The Contractor shall provide for all additional land and access thereto that may be required for temporary construction facilities or storage of materials and equipment; provided that the Contractor shall not enter upon nor use any property not under the control of the Owner until a written temporary construction or occupancy easement agreement has been executed by the Contractor and the property owner, and a copy of said easement furnished to the Engineer prior to said use; and neither the Owner nor the

Engineer shall be liable for any claims for damages resulting from Contractor's unauthorized trespass or use of any such properties.

4.2 Physical Conditions:

a. Explorations and Reports: Reference is made to the Articles entitled "Physical

Conditions" of the Supplementary General Conditions for identification of those reports of explorations and test of subsurface conditions at the Site that may have been utilized by the Engineer in the preparation of the Contract Documents. The Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary General Conditions. Except for such reliance on such "technical data", the Contractor may not rely on or make claims against the Owner, the Engineer, or their Consultants or Subconsultants with respect to:

1. The completeness of such reports or drawings for the Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by and the safety precautions and programs incidental thereto; or

2. Other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or

3. Any Contractor interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions, or information.

00702-061025

GENERAL CONDITIONS - PAGE 11

b. Existing structures: Reference is made to the Article entitled "Physical Conditions" of the Supplementary General Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground

Utilities referred to in Article 4.4, herein) which are at or contiguous to the Site that have been utilized by the Engineer in the preparation of the Contract Documents.

The Contractor may rely upon the accuracy of the "technical data" contained in such drawings; however, the interpretation of such "technical data," including any interpolation or extrapolations thereof, together with "nontechnical data", interpretations, and opinions contained in such drawings or the completeness thereof is the sole responsibility of the

Contractor.

4.3 Differing Site Conditions:

a. The Contractor shall notify the Engineer in writing of the following unforeseen conditions, hereinafter called differing Site conditions, promptly upon their discovery (but in no event later than 14 days after their discovery) and before they are disturbed:

1. Subsurface or latent physical conditions at the Site of the Work differing materially from those indicated, described, or delineated in the Contract

Documents including those reports and documents discussed in Article 4.2;

and

2. Unknown physical conditions at the Site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract

Documents including those reports and documents discussed in Article 4.2.

b. The Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith

(except in an emergency as permitted by Article 6.11), notify the Owner and the Engineer in writing about such condition. The Contractor shall not further such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written Orders.

c. The Engineer shall review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise the Owner in writing of the Engineer's findings and conclusions.

d. If the Owner concludes that because of newly discovered conditions a change in the Contract Documents is required, a Work Directive Change shall be issued to initiate the Work, pending issuance of a formal Change Order as provided in Article 10 to reflect and document the consequences of the difference.

GENERAL CONDITIONS - PAGE 12

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

f. The Contractor's failure to give written notice of differing Project conditions within

14 days of their discovery or before they are disturbed shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature.

g. Nothing herein shall be deemed to require the Owner to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the

Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the Site of the construction.

4.4 Physical Conditions - Underground Utilities:

a. Shown or Indicated: The information shown or indicated in the Contract

Documents with respect to existing Underground Utilities at or contiguous to the Site are based on information and data furnished to the Owner or the Engineer by the Owners of such Underground Utilities or by others.

Unless it is expressly provided in the Contract Documents, the Owner and the Engineer shall not be responsible for the accuracy or completeness of any such information or data, and the Contractor shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Utilities shown or indicated in the

Contract Documents, for coordination of the Work with the Owners of such Underground

Utilities during construction, for the safety and protection thereof and repairing any damage thereto resulting from the Work, the cost of which shall be considered as having been included in the Mobilization/Closeout Price.

b. Not Shown or Indicated: If an Underground Utility is uncovered or revealed at or contiguous to the Project which was not shown or indicated in the Contract Documents and which the Contractor could not reasonably have been expected to be aware of, the

Contractor shall identify the owner of such Underground Utility and give written notice thereof to that owner and shall notify the Engineer in accordance with the Contract

c. Contractor shall conduct all Work in accordance with P.L. 852, No. 287 as amended and in accordance with P.L. Act 38 of 1991, as amended, and shall call PA One Call

System, Inc., at 1-800-242-1776, before performing any excavation or directional boring

Work.

4.5 Reference Points:

a. The Engineer shall provide one elevation bench mark, near or on the Project limits of Work, and shall provide 2 horizontal points near or on the Project to establish a base line for use by the Contractor for alignment control. Unless otherwise specified in the Contract

Documents, the Contractor shall furnish all other lines, grades, and bench marks required for proper execution of the Work.

00702-061025

GENERAL CONDITIONS - PAGE 13

b. The Contractor shall be responsible for laying out the Work (unless otherwise specified in the Contract Documents) and shall preserve all bench marks, stakes, and other survey marks, and in case of their removal or destruction by its own employees or by its

Subcontractor's employees, the Contractor shall be responsible for the accurate replacement of such reference points by a licensed Registered Professional Land Surveyor at no additional cost to the Owner.

4.6 Hazardous Waste

a. As provided in Article 18.16, in any Contract of the Owner which involves digging of trenches or other excavation that extend below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any:

1. Material that the Contractor believes may be material that is hazardous waste, which is required to be removed to a hazardous waste disposal

Project in accordance with the provisions of existing law.

2. Surface or latent physical conditions at the Project differing from those indicated.

3. Unknown physical conditions at the Project of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract.

b. The public entity shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the

Work shall issue a Change Order under the procedures described in the Contract.

c. In the event that a dispute arises between the public entity and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the

Contract. The Contractor shall retain any and all rights provided either by Contract or by laws which pertain to the resolution of disputes and protests between the contracting parties.

ARTICLE 5 - BONDS AND INSURANCE

5.1 Performance and Other Bonds:

a. Upon receiving a Notice of Award, the Contractor shall furnish Performance and

Payment Bonds, each in the amount set forth in the Supplementary General Conditions as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents. If required under the Supplementary General Conditions, GENERAL CONDITIONS - PAGE 14 the Performance Bond and Payment Bond shall be written to remain in effect at least until two years after the date of Final Completion, as applicable or the Payment and Performance

Bonds may be extinguished upon furnishing a two year maintenance bond commencing on the date of Final Completion, except as otherwise provided by Law or Regulation or by the

Contract Documents; provided, that after the date of Notice of Completion, as applicable, the amount of said Performance Bond and Payment Bond. The premiums upon all such

Bonds shall be paid by the Contractor.

The Contractor shall promptly furnish such additional security as may be required by

Owner from time to time to protect its interest and those of persons supplying labor or materials in the prosecution of the Work contemplated by this Contract.

b. The Owner shall approve any Surety company which, at the time of execution of this Contract is listed in the current list of "Companies Holding Certificated 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 Government Financial

Operations and U.S. Treasury Department. All Bonds signed by an agent must be accompanies by a certified copy of such agent's authority to act.

c. If the Surety on any Bond furnished by the Contract is declared bankrupt or becomes insolvent or its right to do business is terminated in any State where any part of the Work is located, the Contractor shall within 7 days thereafter substitute another Bond or Surety, which must be acceptable to the Owner.

5.2 Insurance:

a. The Contractor shall purchase and maintain the Insurance required under this

Article. Such Insurance shall include the specific coverage set forth herein and shall be written for not less than the limits of liability and coverage provided in the Supplementary

General Conditions, or required by law, whichever is greater. All Insurance shall be maintained continuously during the life of the Agreement up to the date of the Notice of

Completion, as applicable, pursuant to acceptance of the Work by the Owner, but the

Contractor's liabilities under this Agreement shall not be deemed limited in any way to the

Insurance coverage required.

b. The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration for each of the following listed Insurance coverage. In addition, each party named as an additional insured shall be provided with an original copy of the endorsement naming them as an additional insured under the Contractor's policies of Insurance required under the Contract. All of the policies of Insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed, or renewal refused until at least 30 days prior written notice has been given to the Owner by Certified Mail. All such Insurance shall remain in effect until the date of Substantial Completion and at all times thereafter when the

Contractor may be correcting, removing, or replacing defective work in accordance with

Article 13.6, herein. In addition, the Insurance required herein (except for Worker's

Compensation) shall name the Owner, the Engineer, and their Consultants and

Subconsultants for the Project and their officers, agents, and employees as "additional insured" under the policies.

00702-061025

GENERAL CONDITIONS - PAGE 15

1. Worker's Compensation Insurance Requirements: This Insurance shall protect the Contractor for the Project against all claims under applicable

State Worker's Compensation laws.

The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a Worker's Compensation law. This policy shall include an "All States" endorsement. The Contractor shall require each Subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees to be engaged in such Work unless such employees are covered by the protection afforded by the Contractor's Worker's Compensation Insurance.

In case any class of employee is not protected under the Worker's

Compensation statute, the Contractor shall provide and shall cause each

Subcontractor to provide adequate employer's liability Insurance for the protection of such of its employees as are not otherwise protected.

2. Comprehensive General Liability: This Insurance shall be written in comprehensive form and shall protect the Contractor, Owner, and Engineer against all claims arising from injuries to persons other than its employees or damage to the property of the Owner or others arising out of any act or omission of the Contractor or its agents, employees, or Subcontractors. The policy shall also include protection against claims insured by usual personal injury liability coverage, a "protective liability" endorsement to insure the contractual liability assumed by the Contractor under the indemnification provisions of the General Conditions.

To the extent that the Contractor's Work, or Work under its direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground structures.

3. Comprehensive Automobile Liability: This Insurance shall be written in comprehensive form and shall protect the Contractor, Owner, and Engineer against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles. Said Insurance shall cover the operation on-Site or off-Site of all motor vehicles licensed for highway use whether they are owned, non-owned, or hired.

4. Subcontractor's Public Liability and Property Damage Insurance and

Vehicle Liability Insurance: The Contractor shall either require each of its

Subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplementary General Conditions and also insure the Owner and Engineer or insure the activities of its Sub-

Contractors in the Contractor's own policy in like amount.

GENERAL CONDITIONS - PAGE 16

5. Builder's Risk: This Insurance shall be of the "all risk" type, shall be written in completed value for, and shall protect the Contractor, the Owner and the

Engineer against risks of damage to buildings, structures, and materials and equipment. The amount of such Insurance shall be not less than the insurable value of the Work at completion. Builder's Risk Insurance shall contain a provision that in the event of payment for any loss under the coverage provided, the Insurance Company shall have no rights of recovery against the Contractor, the Owner, and the Engineer. The Builder's Risk policy shall insure against all risk direct physical loss or damage to property from any external cause including flood and earthquake. Allowable exclusions, if any, shall be as specified in the Supplementary General

Conditions.

6. The original or a certified copy of each Insurance policy and endorsement thereto shall be deposited with the Owner and the Engineer prior to execution of the Agreement. Specific language of the policy shall be subject to approval of the Owner and the Engineer.

7. Policy Requirements: The Insurance provided by the Contractor hereunder shall be (1) with companies licensed to do business in the State of

Pennsylvania, (2) with companies with a Best's Financial Rating of XI or better, and (3) with companies with a Best's General Policy Policyholders

Rating of not less than B, except that in case of Worker's Compensation

Insurance, participation in the self-licensing provisions, where applicable, is acceptable.

8. Insurance policies required hereunder to have the Owner, the Engineer, and their Consultants and Subconsultants for the Project named as additional insured shall, (1) include a provision that the policies are primary and do not participate with nor are excess over any other valid and collectible

Insurance, (2) include a waiver of subrogation against the Owner and

Engineer, its agents, and employees, and (3) for Builders All Risk

Insurance, provide for deductible amounts not exceeding 5 percent of the insurable values of the Work of the Contractor for the perils of all risks of physical loss or damage, including but not limited to fire (including arson) and associated perils, vandalism and malicious mischief, earthquake, and flood. In the event of an insured loss or damage the Contractor agrees to pay to the Owner upon demand and amount equal to the deductible amount.

GENERAL CONDITIONS - PAGE 17

9. Owner May Insure for Contractor: In case of the breach of any provision of this Article the Owner may, at the Owner's option, take out and maintain at the expense of the Contractor, such Insurance in the name of the Contractor, or Subcontractor, as the Owner may deem proper and may deduct the cost of taking out and maintaining such Insurance from any sums which may be found or become due to the Contractor under this Contract.

ARTICLE 6 - THE CONTRACTOR'S RESPONSIBILITIES

6.1 Supervision and Superintendence:

a. The Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences, procedures of construction, safety precautions, safety programs and protection and safety of employees, Subcontractors and workers related in any way to the Project. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract

b. The Contractor shall designate in writing and keep on the Work at all times during its process a competent, full-time, technically qualified, English speaking Superintendent, who shall not be replaced without written notice to the Owner and the Engineer except under extraordinary circumstances. The Superintendent shall be the Contractor's

Representative at the Site and shall have authority to act on behalf of the Contractor. All communications shall be given to the Owner through the Engineer or his or her authorized

Representative.

c. The Contractor's Supervisor or Superintendent shall be present at the Site of the

Work at all times while Work is in progress. Failure to observe this requirement shall be cause for the Engineer to suspend Work by the Contractor until such time as the Supervisor or Superintendent is again present at the Project.

6.2 Labor, Materials, and Equipment:

a. The Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The

Contractor shall at all times maintain good discipline and order at the Site. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the Site shall be performed during regular working hours not before 7:00 A.M. nor later than 5:00 P.M. Monday through Friday, or the performance of Work on Saturday, Sunday, or any legal holiday without the Owner's written consent given after prior written request to the Engineer.

GENERAL CONDITIONS - PAGE 18

If the Contractor performs any Work after regular working hours, or on Saturday, Sunday, or any legal holiday, he shall pay the Owner any…