3-Contract Documents 2025.11.pdf

LEARN ROAD ROUNDABOUT PROJECT

CONTRACT DOCUMENTS

Project No. POCO-00152

November 2025

Prepared For:

Pocono Township Board of Commissioners 205 Old Mill Road

Tannersville, PA 18372

Prepared By:

INDEX

PAGE

NOTICE TO BIDDERS 1

PROJECT DESCRIPTION 2

PROJECT TIMELINE 3

INSTRUCTIONS TO BIDDERS IB-1

GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (GC-1 - GC-62)

SUPPLEMENTAL GENERAL CONDITIONS SC-1

CERTIFICATE OF INSURANCE SC-8

PAYMENT REQUEST PROCESSING SC-9

PREVAILING LABOR WAGE RATES PWR-1

PREVAILING WAGE PAYMENT CERTIFICATION PW-1

BID BOND BB-1

CERTIFICATE AS TO CORPORATE PRINCIPAL CCP-1

STATEMENT OF BIDDER’S QUALIFICATIONS BQ-1

AGREEMENT FOR CONSTRUCTION CA-1

WAIVER OF LIEN WL-1

HOLD HARMLESS AGREEMENT HH-1

AFFIDAVIT RE: WORKMEN'S COMPENSATION ACT WCA-1

NON-COLLUSION AFFIDAVIT NCA-1

PERFORMANCE/MAINTENANCE BOND-DIRECTIONS DB-1

PAYMENT BOND PB-1

CONTRACTOR'S RELEASE CR-1

STATEMENT OF SURETY COMPANY SSC-1

PERFORMANCE/MAINTENANCE BOND PMB-1

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM EV-1

NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE ND-1

TECHNICAL SPECIFICATIONS TS-1

PLANS

NOTICE TO BIDDERS

Online bids will be received by Pocono Township, Monroe County, for the Learn Road Roundabout Project until 1:00 p.m. (prevailing time) on Wednesday, December 10, 2025. Bids will be publicly displayed on PennBid by 3:00 p.m. on Wednesday, December 10, 2025.

All documents and solicitation details are available at no cost at PennBid™ -https://pennbid.net. Click on the “Access Projects on the Active Bidding Site” then “Open Public Opportunities” tabs.

Bids must be accompanied by a certified check or bid bond issued by a Surety licensed to conduct business in the Commonwealth of Pennsylvania, in the amount of at least 10 percent (10%) of the total bid.

The successful bidder will be required to furnish and pay for a Satisfactory Performance and Payment Bond and Labor and Material Bond in an amount of 100% of the contract amount. A Certificate of Insurance, showing proof of Workers Compensation Coverage, must also be submitted.

The project will require minimum wages and salaries to meet the PA Prevailing Wage requirements. The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, national origin, or handicap.

Pocono Township reserves the right to reject any or all Bids, to waive any informalities, or take such other action that may deem to be in the best interest of the Township and as may be permitted by law.

Bids may be held by the Township for a period of 45 days from date of Bid opening for the purpose of reviewing Bids and investigating qualifications of bidders, prior to awarding Contract.

All questions concerning the bid documents or the project in general should be submitted through PennBid no later than 5:00 p.m., Wednesday, December 3, 2025.

Pocono Township 11/21, 11/25

LEARN ROAD ROUDNABOUT PROJECT

PROJECT DESCRIPTION

The project is located at the intersection of Learn Road and Fish Hill Road in Pocono Township, Monroe County, PA.

The project consists of the construction of a vehicular roundabout and will include the following as shown on the construction Plan:

1. Project mobilization and demobilization of all necessary construction/project equipment and/or temporary structures.

2. Installation, maintenance, and removal of traffic control signage.

3. Installation, maintenance, and removal of erosion and sedimentation controls as shown on the Construction Plans.

4. Sawcut and remove existing asphalt road surface.

5. Utility poles will be relocated by others. Existing and new utility poles shall be protected as noted on the Plan.

6. Remove existing trees. Existing trees to remain shall be protected as noted on the Plan.

7. Remove existing boulders.

8. Relocated existing propane tank.

9. Construct roundabout with concrete truck apron with mountable curb and concrete splitter islands with mountable curb.

10. Install storm sewer and inlets.

11. Install new pavement including aggregate subbase, and binder and wearing courses.

12. Install bituminous rolled curb.

13. Install guiderail.

14. Furnish and place topsoil, and fine grade, seed and mulch all disturbed areas.

15. Install landscaping, signage, and pavement markings.

POCONO TOWNSHIP, MONROE COUNTY, PA

PROJECT NO. POCO-00152

PROJECT TIMELINE

11/21/2025 (Fri.) BID ADVERTISEMENT #1

11/25/2025 (Tues.) BID ADVERTISEMENT #2

12/03/2025 (Wed.) CONTRACTOR’S QUESTIONS DUE BY 5:00 PM

12/05/2025 (Fri.) FINAL ADDENDUM (IF REQUIRED)

12/10/2025 (Wed.) BIDS DUE AT 1:00 PM, BIDS PUBLICLY DISPLAYED

BY 3:00 PM

12/15/2025 (Mon.) BID AWARD (ANTICIPATED)

January 2026 NOTICE TO PROCEED (ANTICIPATED)

June 2026 START OF CONSTRUCTION (FOLLOWING END OF

SCHOOL YEAR)

August 2026 SUBSTANTIAL COMPLETION (60 DAYS FOLLOWING

START OF CONSTRUCTION)

September 2026 FINAL COMPLETION

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INSTRUCTIONS TO BIDDERS

1. Receipt and opening of Proposals shall be as stipulated in "Notice for Bids".

2. Preparation of Proposals

Proposals shall be submitted online via the PennBid Program (www.PennBid.net). Prices shall be filled in with numerals. Any handwritten documents provided containing pricing information as a part of the bid process will be ignored in favor of the costs presented on the PennBID website.

Bidders shall provide unit price for each item of work listed in the Schedule of Prices.

PennBid will automatically calculate price extensions and total Base Bid sum.

Copies of the following documents are to be included with the bid:

Bid Bond;

Certificate of Corporate Principal;

Non-Collusion Affidavit;

Bidders Qualification Form;

Public Works Employment Verification Form Construction Schedule beginning at Notice to Proceed date through

Substantial Completion

The Owner will award the project based upon the lowest responsible bid received and other considerations in the best interest of Pocono Township.

3. Proposal Security

Each proposal must be accompanied by a certified check or Surety Company's Bid Bond in an amount not less than ten (10) percent of the total bid. Proposal security shall be made payable to the Owner and shall be completed, scanned, and uploaded onto PennBID. The two (2) lowest bidders shall submit the original proposal security to the Owner within five (5) calendar days.

4. Surety Bonds

The successful bidder shall be required to furnish a "Performance Bond" covering the faithful performance of the work in an amount equal to 100% of the contract price and a "Payment Bond" covering payment in full for all services rendered, materials furnished, and labor supplied for performance of the work in the amount of 100% of the contract price. An extended Performance Bond or a Maintenance Bond in the amount of 10% of the total contract price shall be provided and shall remain in force for a period of one (1) year after the date of acceptance of the project by the owner. The same Surety must execute all bonds.

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5. Maintenance Bonds

The successful bidder shall be required to furnish a "Maintenance Bond" covering all completed work in the amount of 10 % of the total, final, contract costs for a period of one (1) year past substantial completion of the project as determined by the Engineer.

The same Surety must execute all bonds.

6. Bidder's Qualifications

No Proposal will be considered from any bidder for any Contract Item unless he is known to be skilled and has been regularly engaged in work of a character similar to that covered by the Drawings and Specifications for at least five (5) years prior to the date of the proposed work. In order to aid the Owner in determining the responsibility of any bidder, the bidder shall, within forty-eight (48) hours after being requested in writing by the Owner’s Engineer, furnish evidence satisfactory to the Owner’s Engineer of the Bidder's experience and familiarity with the work of the character specified, and his financial ability to prosecute properly the proposed work to completion within the specified time.

The evidence requested shall, without being limited hereby, include the following:

a. The Bidder's performance record with listing of work of a similar character and proportions which he has constructed, giving the name address and telephone number of the owner, date completed, and construction cost.

b. A tabulation of other work now under contract, giving the name, address, and telephone number of the owner, the location, type, size, required date of completion, and the percent of completion to date of each job.

c. An itemized list of the bidder's equipment available for use on the proposed

Contract.

d. A listing of the major parts of the work which are proposed to be sublet.

e. The Bidder's financial statement.

f. Evidence, in the case of a corporation, organized under the laws of any other

State, that the bidder is licensed to do business in the Commonwealth of Pennsylvania; and

g. Such additional information as will satisfy the Owner that the bidder is adequately prepared to fulfill the Contract.

h. The above information shall also be submitted for each and every subcontractor.

i. Successful bidder shall have the capability of completing the work described in the Contract Documents within the allowable construction time period indicated in Item 10 herein.

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7. Examination of Proposed Contract

Prospective bidders must examine the Contract Documents carefully and before bidding, must request the Owner’s Engineer in writing via PennBid’s Questions tab for any interpretation or correction, of every apparent ambiguity, inconsistency, or error therein.

Such interpretation or correction, as well as any additional Contract provisions the Owner’s Engineer may decide to include, will be issued in writing by the Engineer as an Addendum to the Contract, which will be posted online within PennBid’s Document section and notification emailed each person recorded as having received a copy of the Contract Documents. Upon posting, such Addendum shall become a part of the Contract Documents and be binding on all bidders whether or not actual notice of such Addendum is shown.

The written interpretation or correction so given by the Owner’s Engineer shall be binding, and prospective bidders are warned that no other officers, agents, or employees of the Owner are authorized to give information concerning, or to explain or interpret, the Contract.

All written requests for clarification or correction of ambiguity, inconsistency or error in the Contract Documents shall be received no later than specified in the Project Timeline.

Requests received after the stated time will not be answered prior to the Opening of Bids.

If the Contractor, prior to the submission of his bid, fails to call the Engineer's attention to the existence of any ambiguity, inconsistency or error in the Contract, his bid will be conclusively presumed to have been based upon the interpretation of such ambiguity or inconsistency, or upon the directions correcting such error which may subsequently be given by the Owner’s Engineer.

8. Examination of Plans, Site and Transportation Facilities

Bidders are required to submit their Proposals upon the following express conditions:

The bidder shall examine the Drawings and Specifications and make a personal examination of the site in order to acquaint himself with the conditions under which he will be obliged to work.

The bidder shall make all the investigations necessary to inform himself thoroughly regarding all facilities for the delivery of materials and equipment as he may require for his construction operations.

The bidder is also required to carefully examine all plans, and specifications before submitting his bid. No pleas of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under the Contract, as a result of failure to make the necessary examinations and investigations, will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of said Contract Documents, or

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will be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.

9. Obtaining Plans and Specifications

Plans, specifications, and proposal forms may be obtained online at no charge, via the PennBid Program (www.PennBid.net)

10. Allowable Construction Period to "Time of Completion"

All work, except as noted, shall be substantially complete within 60 days of the Notice to Proceed.

11. The Contractor shall acknowledge receipt of all Addendum and Bulletins. The

Contractor's failure to acknowledge receipt on one of the aforementioned may be considered cause for rejection of his bid.

12. The contract shall be awarded on the basis of the total cost of work to the lowest responsible bidder.

13. Additions or Deductions

The quantities of the various kinds of work to be done and materials to be furnished, as stated in the Contract Documents, are approximate. The quantity of materials actually to be furnished may be varied to suit the requirements of the work and the statement of approximate quantities in the contract Documents shall in no way relieve Bidders from ascertaining independently and on their own account the amount of materials and labor to be furnished.

The Bidder understands that the quantities included in the PennBid pricing form are approximate and are prepared for the comparison of Bids. Bidder further understands and agrees that the quantities of any Work or Work items may be increased, decreased, or eliminated entirely as provided in the Contract Documents, with payment to be adjusted accordingly as based upon the original unit prices for Work completed in accordance with the Contract Documents except as follows.

When, during construction, it is determined that a quantity for a contract line item with an established contract unit price will exceed the contract quantity by more than 20%, the contractor shall notify the Owner immediately and before proceeding with the work and the Owner has the right to request a new unit price for this line item. Work for the quantity above and beyond the 20% shall not proceed until the new unit price is agreed upon by the contractor and the owner.

EJCDC C-700 Standard General Conditions of the Construction Contract

Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly by

AMERICAN COUNCIL OF ENGINEERING COMPANIES

ASSOCIATED GENERAL CONTRACTORS OF AMERICA

AMERICAN SOCIETY OF CIVIL ENGINEERS

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

A Practice Division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

Endorsed by

CONSTRUCTION SPECIFICATIONS INSTITUTE

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated

Project and the controlling Laws and Regulations.

These General Conditions have been prepared for use with the Suggested Forms of Agreement Between

Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the

Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions

(EJCDC C-800, 2007 Edition).

Copyright © 2007 National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

Associated General Contractors of America

2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308

(703) 548-3118 www.agc.org

The copyright for this EJCDC document is owned jointly by the four

EJCDC sponsoring organizations and held in trust for their benefit by NSPE.

Page i

STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1 – Definitions and Terminology

1.01 Defined Terms

1.02 Terminology

Article 2 – Preliminary Matters

2.01 Delivery of Bonds and Evidence of Insurance

2.02 Copies of Documents

2.03 Commencement of Contract Times; Notice to Proceed

2.04 Starting the Work

2.05 Before Starting Construction

2.06 Preconstruction Conference; Designation of Authorized Representatives

2.07 Initial Acceptance of Schedules

Article 3 – Contract Documents: Intent, Amending, Reuse

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Amending and Supplementing Contract Documents

3.05 Reuse of Documents

3.06 Electronic Data

Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental

Conditions; Reference Points

4.01 Availability of Lands

4.02 Subsurface and Physical Conditions

4.03 Differing Subsurface or Physical Conditions

4.04 Underground Facilities

4.05 Reference Points

4.06 Hazardous Environmental Condition at Site

Article 5 – Bonds and Insurance

5.01 Performance, Payment, and Other Bonds

5.02 Licensed Sureties and Insurers

5.03 Certificates of Insurance

5.04 Contractor’s Insurance

5.05 Owner’s Liability Insurance

5.06 Property Insurance

5.07 Waiver of Rights

5.08 Receipt and Application of Insurance Proceeds

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5.09 Acceptance of Bonds and Insurance; Option to Replace

5.10 Partial Utilization, Acknowledgment of Property Insurer

Article 6 – Contractor’s Responsibilities

6.01 Supervision and Superintendence

6.02 Labor; Working Hours

6.03 Services, Materials, and Equipment

6.04 Progress Schedule

6.05 Substitutes and “Or-Equals”

6.06 Concerning Subcontractors, Suppliers, and Others

6.07 Patent Fees and Royalties

6.08 Permits

6.09 Laws and Regulations

6.10 Taxes

6.11 Use of Site and Other Areas

6.12 Record Documents

6.13 Safety and Protection

6.14 Safety Representative

6.15 Hazard Communication Programs

6.16 Emergencies

6.17 Shop Drawings and Samples

6.18 Continuing the Work

6.19 Contractor’s General Warranty and Guarantee

6.20 Indemnification

6.21 Delegation of Professional Design Services

Article 7 – Other Work at the Site

7.01 Related Work at Site

7.02 Coordination

7.03 Legal Relationships

Article 8 – Owner’s Responsibilities

8.01 Communications to Contractor

8.02 Replacement of Engineer

8.03 Furnish Data

8.04 Pay When Due

8.05 Lands and Easements; Reports and Tests

8.06 Insurance

8.07 Change Orders

8.08 Inspections, Tests, and Approvals

8.09 Limitations on Owner’s Responsibilities

8.10 Undisclosed Hazardous Environmental Condition

8.11 Evidence of Financial Arrangements

8.12 Compliance with Safety Program

Article 9 – Engineer’s Status During Construction

9.01 Owner’s Representative

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9.02 Visits to Site

9.03 Project Representative

9.04 Authorized Variations in Work

9.05 Rejecting Defective Work

9.06 Shop Drawings, Change Orders and Payments

9.07 Determinations for Unit Price Work

9.08 Decisions on Requirements of Contract Documents and Acceptability of Work

9.09 Limitations on Engineer’s Authority and Responsibilities

9.10 Compliance with Safety Program

Article 10 – Changes in the Work; Claims

10.01 Authorized Changes in the Work

10.02 Unauthorized Changes in the Work

10.03 Execution of Change Orders

10.04 Notification to Surety

10.05 Claims

Article 11 – Cost of the Work; Allowances; Unit Price Work

11.01 Cost of the Work

11.02 Allowances

11.03 Unit Price Work

Article 12 – Change of Contract Price; Change of Contract Times

12.01 Change of Contract Price

12.02 Change of Contract Times

12.03 Delays

Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work

13.01 Notice of Defects

13.02 Access to Work

13.03 Tests and Inspections

13.04 Uncovering Work

13.05 Owner May Stop the Work

13.06 Correction or Removal of Defective Work

13.07 Correction Period

13.08 Acceptance of Defective Work

13.09 Owner May Correct Defective Work

Article 14 – Payments to Contractor and Completion

14.01 Schedule of Values

14.02 Progress Payments

14.03 Contractor’s Warranty of Title

14.04 Substantial Completion

14.05 Partial Utilization

14.06 Final Inspection

14.07 Final Payment

14.08 Final Completion Delayed

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14.09 Waiver of Claims

Article 15 – Suspension of Work and Termination

15.01 Owner May Suspend Work

15.02 Owner May Terminate for Cause

15.03 Owner May Terminate For Convenience

15.04 Contractor May Stop Work or Terminate

Article 16 – Dispute Resolution

16.01 Methods and Procedures

Article 17 – Miscellaneous

17.01 Giving Notice

17.02 Computation of Times

17.03 Cumulative Remedies

17.04 Survival of Obligations

17.05 Controlling Law

17.06 Headings

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument which is evidence of the agreement between Owner and

Contractor covering the Work.

3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. 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.

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

6. Bidder—The individual or entity who submits a Bid directly to Owner.

7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents

(including all Addenda).

8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements.

9. Change Order—A document recommended by Engineer which is signed by Contractor and

Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the

Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.

10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract

Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop

Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents.

13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work).

14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve

Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment.

15. Contractor—The individual or entity with whom Owner has entered into the Agreement.

16. Cost of the Work—See Paragraph 11.01 for definition.

17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by

Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.

18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

19. Engineer—The individual or entity named as such in the Agreement.

20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times.

21. General Requirements—Sections of Division 1 of the Specifications.

22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto.

23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section

1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property.

26. 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.

27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement.

28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the

Work under the Contract Documents.

29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed.

30. PCBs—Polychlorinated biphenyls.

31. 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 Waste and crude oils.

32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the

Work within the Contract Times.

33. Project—The total construction of which the Work to be performed under the Contract

Documents may be the whole, or a part.

34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents.

35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the

Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.

36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof.

37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the

Work will be judged.

38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities.

39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing

Contractor’s Applications for Payment.

40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor.

42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site.

44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the

Work (or a specified part thereof) can be utilized for the purposes for which it is intended.

The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award.

46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions.

47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor.

48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

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

50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

51. Work Change Directive—A written statement to Contractor issued on or after the Effective

Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract

Times but is evidence that the parties expect that the change ordered or documented by a

Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract

Times.

1.02 Terminology

A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,”

“satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the

Contract Documents.

C. Day:

1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

D. Defective:

1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:

a. does not conform to the Contract Documents; or

b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial

Completion in accordance with Paragraph 14.04 or 14.05).

E. Furnish, Install, Perform, Provide:

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied.

F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish.

B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary

Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5.

2.02 Copies of Documents

A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project

Manual. Additional copies will be furnished upon request at the cost of reproduction.

2.03 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the

Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A

Notice to Proceed may be given at any time within 30 days after the Effective Date of the

Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier.

2.04 Starting the Work

A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run.

2.05 Before Starting Construction

A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review:

1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the

Contract Documents;

2. a preliminary Schedule of Submittals; and

3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

2.06 Preconstruction Conference; Designation of Authorized Representatives

A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling

Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.

B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the

Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.07 Initial Acceptance of Schedules

A. At least 10 days before submission of the first Application for Payment a conference attended by

Contractor, Engineer, and others as appropriate will be held to review for acceptability to

Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A.

Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer.

1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on

Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor.

2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals.

3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work.

ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.01 Intent

A. The Contract Documents are complementary; what is required by one is as binding as if required by all.

B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the

Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to

Owner.

C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9.

3.02 Reference Standards

A. Standards, Specifications, Codes, Laws, and Regulations

1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard, specification, manual, or code, or any instruction of a

Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or

Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

3.03 Reporting and Resolving Discrepancies

A. Reporting Discrepancies:

1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby.

2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable

Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph

6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04.

3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.

B. Resolving Discrepancies:

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and:

a. the provisions of any standard, specification, manual, or code, or the instruction of any

Supplier (whether or not specifically incorporated by reference in the Contract

Documents); or

b. the provisions of any Laws or Regulations applicable to the performance of the Work

(unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

3.04 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work

Change Directive.

B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways:

1. A Field Order;

2. Engineer’s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph

6.17.D.3); or

3. Engineer’s written interpretation or clarification.

3.05 Reuse of Documents

A. Contractor and any Subcontractor or Supplier shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or

2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer.

B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the

Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract

Documents for record purposes.

3.06 Electronic Data

A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or

Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern.

B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party.

C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator.

ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;

HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS

4.01 Availability of Lands

A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the

Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.

B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and

Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations.

C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

4.02 Subsurface and Physical Conditions

A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and

2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the 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

Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident 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 other data, interpretations, opinions, or information.

4.03 Differing Subsurface or Physical Conditions

A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either:

1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or

2. is of such a nature as to require a change in the Contract Documents; or

3. differs materially from that shown or indicated in the Contract Documents; or

4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract

Documents;

then Contractor shall, promptly after becoming aware…