GC-1

GENERAL CONDITIONS

TABLE OF CONTENTS

1.0 General

1.01 Definitions

1.02 Special Notice

1.03 Representation of Contractor

1.04 Subletting or Assigning of Contract

1.05 Construing the Specifications

1.06 Necessary to Complete

1.07 Drawings and Specifications

1.08 Right-of-Way

1.09 Time Limits

1.10 Liquidated Damages

1.11 Owner’s Right to Stop Work or Terminate Contract

1.12 Reference to the Standard Specifications

2.0 Insurance

2.01 State Law and Regulations and Insurance

2.02 Contractor’s Insurance

2.03 Suit or Claims

2.04 Damages to Persons and Property

3.0 Conduct of the Work

3.01 Role of the Engineer

3.02 Surveys

3.03 Preservation of Stakes

3.04 Uses of Premises and Removal of Debris

3.05 Injury to Existing Structures

3.06 Correction of Work

GC-2

3.07 Public Utilities

3.08 Protection of Work and Property

3.09 Contractor to Act in an Emergency

3.10 Extra Work

3.11 Dispute Resolution

4.0 Contractor’s Personnel

4.01 Personal Attention

4.02 Contractor’s Superintendent

4.03 Labor Laws

4.04 Contractor’s Employee Eligibility

4.05 Eight-hour Day; Prevailing Wage Rate

4.06 Payment of Employees

4.07 Safety and Health Regulations

4.08 Accident Prevention

5.0 Materials

5.01 Contractor’s Title to Materials

5.02 Royalties and Payments

5.03 Use of Domestic Material

5.04 Ordering Materials

5.05 Samples

5.06 Shop or Setting Drawings

5.07 Additional Instructions and Detail Drawings

5.08 Or Equal Clauses

5.09 Substitutions

5.10 Material Safety Data

6.0 Inspection and Testing

6.01 Inspection

GC-3

6.02 Daily Reports

6.03 Inspectors

6.04 Office Trailer

6.05 Access to the Work

6.06 Covering Uninspected Work

6.07 Testing Materials

7.0 Payments

7.01 Construction Schedule and Periodic Estimates

7.02 Payments

7.03 Retainage

7.04 Acceptance of Final Payment as Release

7.05 Owner’s Right to Withhold Payments

7.06 Costs of Engineering and Inspection

7.07 Liens

7.08 Prevailing Wage Payment Certificate

7.09 Certified Payroll Reports

GC-4

1.0 GENERAL.

1.01 Definitions.

The following words and expressions used in the contract documents shall be construed as follows:

A. Contractor: Party, firm, corporation with whom or which the contract is made, or authorized agent thereof.

B. Day: Calendar day.

C. Engineer: Remington & Vernick Engineers

1010 Stony Hill Rd, Suite 175

Yardley, PA 19067

D. Final Completion: All warranties and guarantees required pursuant to the Contract

Documents shall be assembled and delivered by the Contractor to the Owner as part of the final application for payment. The final

Certificate for Payment will not be issued by the Engineer until all warranties and guarantees have been received and accepted by the

Owner.

E. Legal Holiday: Days on which the Owner does not conduct regular business hours. The Contractor is responsible for contacting the Owner for a listing of these days.

F. Local Contracting Agency: (See “Owner”).

G. Owner: Middletown Township

3 Municipal Way

Langhorne, PA 19047

H. Project: Hillside Avenue Drainage Improvements

I. Substantial Completion: The work will not reach Substantial Completion until, in the determination of the Engineer, all project systems included in the work are operational as designed and scheduled, all designated or required inspections, certifications, permits, approvals, licenses and other documents from any governmental authority having jurisdiction thereof necessary for the beneficial use and occupancy of the work are received, designated instruction of Owner’s personnel has been completed, and all final finishes within the

Contract are in place. Any remaining work shall be minor in

GC-5

nature, so that the Owner can occupy and operate the building, facility, or other improvements, as applicable, on that date and the completion of the remaining work by the Contractor would not materially interfere or hamper the Owner’s (or those claiming by, through or under the Owner) normal operations. Contractor recognizes that normal operations require the use and occupancy of the work area without interruption and that any punchlist or corrective work shall be done at times when the work area is not so occupied. As a further condition of reaching Substantial

Completion, the Contractor shall certify that all remaining work will be completed within thirty (30) consecutive calendar days or as so agreed upon following the date of Substantial Completion.

Site related projects and/or projects including facilities with site improvements shall not reach Substantial Completion until such time as all site amenities (i.e. lighting, top paving, striping, fencing, stormwater compliance, etc.) are placed into service leaving only minor improvements that will not hamper access or use to complete the project.”

1.02 Special Notice.

A. The “Information for Bidders,” “General Conditions,” “Notice to Bidders,” and “Proposal

Section” shall be held equally binding with and are to be considered a part of the specifications and contract and the party of the second part, the Contractor, will be held responsible for neglect in attending to any part, paragraph or item therein.

1.03 Representation of Contractor.

A. The Contractor represents and warrants:

(1) That they are financially solvent and that they are experienced in and competent to perform the type of work to furnish the labor, plant, materials and supplies or equipment to be so performed or furnished by them; and

(2) That they are familiar with all Federal, State, County, Municipal and Department Laws, Ordinances and Regulations, which may in any way affect the work or those employed therein, including, but not limited to, any special Acts relating to the work or to the project of which it is a part; and

GC-6

(3) That such temporary and permanent work required by the contract documents and is to be done by the Contractor can be satisfactorily constructed and used for the purpose for which it is intended, and that such construction will not injure any persons or damage any property; and

(4) That they have carefully examined the drawings, specifications, and the site of the work, and that from their own investigations they have satisfied themselves as to the nature and location of the work, the character, quality and quantity of surface and subsurface materials likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general and local conditions and all other items which may in any way affect the work or its performance.

1.04 Subletting or Assigning of Contract.

A. The Contractor shall not assign, sell or transfer or otherwise dispose of the contract or any portion thereof or of the work provided therein or their right, title or interest therein, to any persons, firm or corporation, without prior written consent of the Owner.

1.05 Construing the Specifications.

A. To avoid disputes and litigation, it must be distinctly understood by the Bidder/Contractor that the Engineer shall construe or interpret the specifications and explain any ambiguity therein and shall have the right to decide as to their purpose and intent and the decision of the Engineer upon any such ambiguity shall be final, conclusive and binding.

1.06 Necessary to Complete.

A. If any work or materials are required which are obviously necessary to carry out the full intent and meaning of the said specifications although the same may not be either directly or indirectly in the specifications, the Contractor is hereby bound to furnish the same without charge or claim.

1.07 Drawings and Specifications.

A. The Contractor shall keep at the site of the work one copy of the drawings and specifications signed and identified by the Engineer and shall at all times give the Engineer and other representatives of the Owner access thereto. Anything shown on the drawings and not mentioned in the specifications, or mentioned in the specifications and not shown on the drawings, shall have the same effect as if shown or mentioned respectively in both. In case of

GC-7

any conflict between the drawings and specifications, the specifications shall govern. Any ambiguity or discrepancy between drawings and specifications shall be submitted by the

Contractor to the Engineer whose decision shall be conclusive.

B. The general arrangement and location of equipment, the various pipe, duct, and conduit runs, etc. are shown on the drawings. All dimensions or the scales of the drawings shall be considered as approximate and shall be checked by each bidder to their own satisfaction prior to bid. The exact location of all parts of the work shall be governed by existing conditions, and the Contractor shall coordinate and locate all work at the time of installation. Any changes in location, etc. from that shown on the drawings, necessary by existing conditions, shall be made by the Contractor at no increase of the contract sum.

1.08 Right-of-Way.

A. All right-of-ways through private property required shall be secured by the Owner. Contractor shall not start construction in right-of-ways until directed by the Engineer. No claim shall be made by the Contractor for damage due to delay in securing right-of-ways.

1.09 Time Limits.

A. The Contractor agrees to start the work contracted for herein within five (5) days of the start date given in a written Notice To Proceed issued by the Engineer to the Contractor directing them to proceed with the work.

B. All of the base bid work contracted for herein shall be substantially completed within 60 calendar days of the start date given in the written Notice to Proceed.

C. All of the alternate bid work contracted for herein shall be substantially completed within the time allotted for the base bid work, except if additional contract time for alternate bids is specifically provided for in the Scope of Work.

D. No extension of time will be allowed for delay from any cause whatsoever unless the Contractor shall have notified the Engineer in writing of such delay and their intention to claim an extension of time within two (2) days after the beginning of such delay. Such notice shall give complete information concerning the nature, extent and cause of the delay. If, in the opinion of the Owner, an extension of time is warranted, the Owner or Owner's representative will issue a written extension, setting a new time limit for the completion of the work.

1.10 Liquidated Damages.

GC-8

A. In case the Contractor fails to complete the work contracted for, satisfactory to and acceptable to the Owner within the stipulated time limit, or violates any terms or conditions of said contract, then the Contractor shall and will pay to the Owner for each and every calendar day determined to be in default, the following sums, which are agreed upon, fixed and determined by the parties hereto to be liquidated damages:

One (1) to Fifteen (15) Days beyond Contract Time Limits: Five Hundred dollars ($500.00) per Calendar Day.

Sixteen (16) to Thirty (30) Days beyond Contract Time Limits: One Thousand dollars

($1,000.00) per Calendar Day.

Greater than Thirty (30) Days beyond Contract Time Limits: Two Thousand dollars

($2,000.00) per Calendar Day.

B. The Owner shall recover said damages by deducting the amount thereof out of any money which may be due or become due the Contractor, or by an action of law against the Contractor, their surety or by either or both of these methods.

C. In case the Contractor shall be delayed due to the failure on the part of the Owner to furnish anything on its part to be furnished or for any other cause beyond the control of the Contractor, the Contractor shall be entitled to such an extension of time for the delivery of equipment, materials, work and supplies as in the judgement of the Owner or Owner's representative to be fair and just.

1.11 Owner’s Right to Stop Work or Terminate Contract.

A. The Owner has the right to stop work or terminate the contract, if:

(1) The Contractor has violated the provisions of these specifications or any other Federal, State or Local law, or

(2) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors, or

(3) A receiver or liquidator shall be appointed for the Contractor or for any of his property and shall not be dismissed within twenty (20) days after such appointment or the proceedings in connection therewith shall not be stayed on appeal within the said twenty (20) days, or

(4) The Contractor shall refuse or fail, after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials, or

(5) It is determined that any of the Contractor’s representations in the Bid Documents were misleading or untruthful, or

GC-9

(6) Contractor engages in negligent or willful actions during the course of the Work that cause, or are likely to cause, damages, loss and/or claims to persons and property, or

(7) The Contractor shall refuse or fail to prosecute to work or any part thereof with such diligence as will ensure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period, or

(8) The Contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or

(9) The Contractor shall fail or refuse to regard laws, ordinances or regulations or otherwise to be guilty of a violation of any provisions of the Contract Documents or the Scope of Work therein, then and in such event, the Owner, without prejudice to any rights or remedy it may have, may give seven (7) days notice to the Contractor terminating the employment of the Contractor and his right to proceed, either as to the entire work or at the option of the Owner as to any portion thereof, and may take possession of the work and complete the work and/or cause the work to be completed by a third-party Contractor or otherwise, as the Owner may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work, including compensation for additional managerial, administrative and inspection services and any damages for delay, such excess shall be paid to the

Contractor. If such expense shall exceed such unpaid balance, the Contractor and their sureties shall be liable to the Owner for such expenses. If the right of the Contractor to proceed with the work is terminated, the Owner may take possession of and utilize, or provide to a third-party to utilize, in completing the work such materials, appliances, supplies, drawings, and equipment, as may be on the site of the work and necessary therefor. If the Owner does not terminate the right of the Contractor to proceed, the

Contractor shall continue the work.

B. If the work shall be stopped by order of the Court or any other public authority, for a period of three (3) months without act or fault of the Contractor or of any of his agents, servants, employees, or Subcontractor, the Contractor may, upon ten (10) days notice to the Owner, discontinue his performance of the work and/or terminate the contract, in which event the liability of the Owner to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Owner any excess of the expense of completing the work over the unpaid balance of the compensation to be paid by the Contractor hereunder.

GC-10

1.12 Reference to the Standard Specifications.

A. All applicable portions of the work performed under this contract shall comply with the requirements of the current Pennsylvania Department of Transportation Standard

Specifications for Road and Bridge Construction, as amended or supplemented and whose specifications are made part of these specifications. The Pennsylvania Department of

Transportation Standard Construction Details shall govern.

B. The Standard Specifications are made part of these specifications by this reference as if were set forth in full. It is the responsibility of the prospective bidder to be familiar with these

Standard Specifications. Copies may be examined in the Engineer's office or may be purchased from the Pennsylvania Department of Transportation.

1.13 Notices

A. All notices hereunder shall be in writing and shall be deemed to have been properly given if

(i) personally delivered, or (ii) sent by reputable overnight express carrier (e.g. FedEx or

UPS), charges prepaid, or (iii) or sent by reputable certified mail carrier (e.g. USPS), charges prepaid. Notice shall be deemed given when delivered, in the case of personal delivery or on the date of deposit with an overnight express carrier for next business day delivery. Notices shall be addressed to the address specified in the opening paragraph of the Contract or to such other persons or addresses as Owner or Contractor may from time to time designate by notice given pursuant to this subsection.

1.14 Right to Know Law

A. Contractor acknowledges and understands that the Owner is a Pennsylvania local agency for the purposes of the Pennsylvania Right-to-Know Law, 65 P.S. §67.101 et seq. (“RTKL”), and as a result thereof, Contractor may be subject to certain right to know requests related to the

Owner. Therefore, Contractor shall cooperate with the Owner in complying with the RTKL, and any other similar laws, in complying with requests for public records made under such laws. Contractor’s cooperation shall include, but not necessarily be limited to, prompt communication with the Owner regarding the existence of a record, the length of the record and other information requested by the Owner and promptly providing access to or copies of the record. If Contractor fails to cooperate with the Owner in response to a request for public record, then the Contractor shall indemnify the Owner for any and all costs incurred, including attorneys’ fees of the Owner, as well as any costs, including any attorneys’ fees of

GC-11

the requestor, fines or other penalties imposed upon the Owner by a court of competent jurisdiction relating to the Contractor’s failure to cooperate with the Owner.

2.0 INSURANCE.

2.01 State Law and Regulations and Insurance.

A. The Contractor must assume all risks connected with his work. They shall comply with all

State Laws and Regulations concerning Workmen's Compensation and shall maintain such insurance as will protect them against all claims for damages for personal injury, including death which may arise during prosecution of the contract, either by themselves or by any

Subcontractor or anyone directly or indirectly employed by either of them.

2.02 Contractor’s Insurance.

A. The Contractor shall not commence work under this contract, until they have obtained all insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any Subcontractor to commence work, in their subcontract until all similar insurance required of the Subcontractor has been so obtained and approved.

B. Insurance coverage shall remain in effect until the project is accepted by the Owner, and at all times thereafter when the Contractor may be removing or replacing defective work.

C. The Contractor shall furnish the Owner with proof of insurance by execution of the Certificate of Insurance, of which a copy is included herein. The Owner, Remington & Vernick Engineers, and the Owner’s Solicitor shall be a named additional insured.

D. The Certificate of Insurance shall give the Owner and Engineer thirty (30) days written notice of any material change in, cancellation of, or expiration of the policies.

E. The following types of insurance are required:

(1) General Liability.

(2) Automobile Liability.

(3) Excess Liability.

(4) Worker’s Compensation and Employer’s Liability.

F. The amounts for property damage and bodily injury for each type of insurance are as shown on the Certificate of Insurance herein.

G. The Contractor's insurance shall apply to and provide coverage for all Subcontractors and/or suppliers unless the Contractor forwards to the Owner and Engineer the Certificate of Insurance for the Subcontractor and/or supplier.

GC-12

H. Any insurance company providing coverage must be licensed, admitted, and authorized to do business in the Commonwealth of Pennsylvania.

2.03 Suit or Claims

A. The Contractor agrees to indemnify and save harmless the Owner and the Engineer and all their agents and employees from actions and suits of every kind and description brought against them, or on account of the use of patented rights, and from any damages or injuries received or sustained by any party, or parties, arising out of any act or omission of the Contractor, their workmen or agents in performance of the work under this agreement, including the furnishing of equipment, materials and supplies at the site of the proposed work.

2.04 Damages to Persons and Property.

A. It is understood and agreed that the Contractor is a third party Contractor and is not a servant, agent or employee of the Owner and the Contractor shall fully and completely indemnify, saves, holds harmless and defends the Owner, its officials, officers, employees and agents of, from, and against any liability, claim, suite or demand, of whatever nature or kind, whether founded or unfounded, arising from, out of, or related to all manner of negligence, willful conduct, or tort liability related to the performance of the work, or through the use of any improper or defective machinery implementations or appliances or through any act of omission of the Contractor, or his agents, or his employees, and/or obligations of these bid documents and Contract (the “Indemnified Activities”). The Contractor is advised, and agrees, that provisions in the Contract Documents pertaining to indemnity shall be construed as if the members of the Owner and the Owner agents were named therein as additional indemnities.

The word “expense” as used in said provisions concerning indemnity shall be deemed to include, but shall not be limited to, attorney fees. In the event that a third party, their agents, servants, employees, heirs, assigns, or grantees would institute any legal action whatsoever against Owner, its agents, servants, or employees arising in any way from the Indemnified

Activities, Contractor hereby agrees to further pay any and all reasonable attorney’s fees, expert fees, court costs or any other expenses whatsoever incurred by the Owner, its agents, servants or employees in regard thereto. The forgoing indemnification, hold harmless and defense obligations shall continue to apply to claims, suits or demands made or instituted during and after the term of this Agreement, provided that the event causing any such claim is alleged to have occurred, in whole or in part, during the term of this Agreement.

GC-13

3.0 CONDUCT OF THE WORK.

3.01 Role of the Engineer.

A. The Engineer may verify, by observation and/or required tests, the amount, quality, acceptability and fitness of the materials, equipment and supplies furnished; and shall interpret any ambiguities in the drawings and specifications, contract documents, and any extra work order. Upon request, the Engineer shall confirm in writing any oral direction, requirement, or determination.

B. All work of refilling sunken ditches, repaving over trenches, and keeping the streets and sidewalks in passable condition shall be satisfactorily performed by the Contractor during the construction of the work as well as during the maintenance period. If any work is not done within forty-eight (48) hours after written notice given by the Engineer, the work may be done by the Owner and charged to the Contractor.

3.02 Surveys.

A. Unless otherwise expressly provided for in the specifications, the Contractor will furnish all surveys necessary for the execution of the work. The Owner will furnish a base line and datum bench marks as required. The Contractor shall measure and lay out his work and be responsible for the accuracy thereof from bench marks and base lines established by the Engineer which shall constitute the surveys hereinbefore referred to.

3.03 Preservation of Stakes.

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

3.04 Uses of Premises and Removal of Debris.

A. The Contractor expressly undertakes at their own expense:

(1) To take every precaution against injuries to persons or damage to property.

(2) To store their apparatus, materials, supplies, and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of their work or the administration of Owner's affairs.

GC-14

(3) To place upon the work any part thereof only such loads as are consistent with the safety of that portion of the work.

(4) To frequently clean up all refuse, scrap material, and debris caused by their operations and at all times the site of the work shall present a neat, orderly condition.

(5) Before final payment to remove all surplus material, false work, temporary structures, including foundations thereof, plant of any description, and debris of every nature resulting from their operations and to put the site in a neat orderly condition.

(6) To affect all cutting, fitting, or patching of their work required to make the same conform to the drawings and specifications, and except with the consent of the Engineer, not to cut or otherwise alter the work.

3.05 Injury to Existing Structures.

A. The Contractor shall be responsible for all injury to existing structures met within the prosecution of the work, including the delivery to the site of the proposed improvements of materials and supplies. In case of accident to existing structures met within the prosecution of the work, the Contractor will be required to immediately notify the proper authorities and as soon as possible thereafter also notify the Engineer.

3.06 Correction of Work.

A. The Contractor expressly warrants that their work shall be free from any defects in materials or workmanship and agrees to correct any such defects which may appear in such materials or workmanship within two years or the term of the maintenance bond, whichever is longer, following the final acceptance of the work by the Owner, such final acceptance to be evidenced by an appropriate resolution of the governing body in the case of municipal corporation, quasi municipal corporation, municipal board, municipal commission or other municipal authority or by the issuance of final payment in the case of any Owner other than a municipal corporation, quasi municipal corporation, municipal board, municipal commission or other municipal authority.

B. Neither the acceptance of the completed work nor payment therefore shall operate to release the Contractor or their surety or sureties from any obligation or obligations under this contract or the bonds required under these Contract Documents.

3.07 Public Utilities.

GC-15

A. The contract drawings indicate the approximate location of known overhead and subsurface utilities in the vicinity of the work. The bidder is advised to investigate and ascertain for themselves all the facts concerning the actual location of these utilities.

B. The Contractor shall cooperate with the utility Owners in the adjustment of their facilities and shall notify the utility Owners not less than ten (10) days in advance of the time they propose to perform any work that will endanger or affect their facilities.

C. The Contractor shall permit the Owners of utilities, or their agents, access to the site of the work at all times in order to relocate, construct or protect their lines and the Contractor shall cooperate with them in performing this work. Separate payments will not be made for the following:

(1) Coordination and cooperation of the Contractor with the utility companies, nor for the protection or replacement of utilities as specified hereinbefore.

(2) Damages for delay caused by conflicts with utilities outside the jurisdiction of the Owner

(ex: gas mains, telephone or electric lines, county storm sewer, water mains, etc.).

D. The bidder shall include all such costs in the prices bid for the various scheduled items in the

Bidform.

3.08 Protection of Work and Property.

A. The Contractor shall continuously maintain adequate protection of their work and shall protect

Owner's property from injury or loss arising in connection with their work. The Contractor shall also protect all adjacent property as provided by law, and shall be responsible for all injury to property and existing structures sustained during the prosecution of their work, including delivery to the site of the equipment, materials and supplies. The Contractor shall repair and replace any such damage, injury or loss equal or better than the condition of the item prior to the Contractor's action.

B. All passageways, guard fences, light and other facilities required for protection by local authorities, or local conditions must be provided and maintained.

3.09 Contractor to Act in an Emergency.

A. In case of any emergency which threatens loss or injury of property, and/or safety of life, the

Contractor is required to act as they see fit. The Contractor shall notify the Engineer thereof immediately thereafter.

3.10 Extra Work.

GC-16

A. The Contractor further agrees that the Engineer may make such alterations as they may see fit in the form, dimensions, plans for materials of the work, materials and supplies bid upon or any part thereof, either before or after work. If such alterations diminish the quantity of the equipment, materials and supplies to be furnished and delivered to the site or work to be executed, they shall not constitute a claim for damages for anticipated profits on the work that may be dispensed with. If the extra work, change or alteration increases the amount of work to be performed or equipment, they shall be paid for at the price bid. If prices for such extra work are not included in the lump sum prices or unit prices bid, the Contractor hereby agrees to furnish the necessary materials and perform such labor as extra work, and agrees to accept in full payment therefore a price which shall be fixed by the Engineer previous to its commencement. The basis of such estimated cost will be the actual cost of materials, labor, equipment, and ten percent (10%) overhead plus ten percent (10%) profit. Payment to the

Contractor for any markup on subcontracted work shall be at a maximum rate of five percent

(5%) of the total amount for all costs of the subcontracted work. Contractor shall furnish breakdown estimate for such extra work. Change Orders and Open End Contracts will be in accordance with these specifications.

B. The Contractor shall not be entitled to receive payment for any extra work unless the same is certified in writing by the Engineer.

3.11 Dispute Resolution.

A. For construction contracts, the Owner and Contractor agree that in the event of a dispute arising under this contract, it shall be submitted to a process of resolution pursuant to alternative dispute resolution practices, such as mediation, binding arbitration or non-binding arbitration pursuant to industry standards, prior to being submitted to a Court for adjudication. Nothing in this section shall prevent the contracting unit from seeking injunctive or declaratory relief in court at any time. The alternative dispute resolution practices shall not apply to disputes concerning the bid solicitation or award process, or to the formation of contracts or subcontracts to be entered to.

B. Notwithstanding industry rules or any provision of law to the contrary, whenever a dispute concerns more than one contract, such as when a dispute in a contract involving design, architecture, engineering or management, upon demand of a contracting party, other interested parties to the dispute shall be joined unless the arbitrator or person appointed to resolve the dispute determines that such a joinder is inappropriate.

GC-17

C. Notwithstanding industry rules or any provision of law to the contrary, whenever more than one dispute of a similar nature arises under a construction contract, or related construction contracts, upon demand of a contracting party, the disputes shall be joined unless the arbitrator of person appointed to resolve the dispute determines that the disputes are inappropriate for joinder.

4.0 CONTRACTOR’S PERSONNEL.

4.01 Personal Attention.

A. The Contractor shall give their personal supervision to the prosecution of the work, or have a competent representative on the work who shall have written authority to carry out the requirements of the Contract Documents. They shall also supply all manpower, materials, and equipment as they may be required in the furnishing and delivery to the site of the proposed work, the equipment, materials and supplies bid upon.

4.02 Contractor’s Superintendent.

A. The Contractor shall attend to the work personally or through a competent, English-speaking superintendent, who shall be continually present on the project site whenever work is in progress. Such a superintendent shall be satisfactory to the Owner and Engineer and shall not be removed or replaced without due notice being given the Owner and Engineer. The

Superintendent shall have full authority to act for the Contractor without the need to consult any higher level of authority.

4.03 Labor Laws.

A. For this project, State Wage Rates (PA) are applicable to the project and the Contractor and any Subcontractors shall comply with all requirements thereof, as described in the sections below. If State Wage Rates are applicable to the project, then Davis-Bacon Wage Rates are not applicable to the project.

B. State Wage Rates (PA):

(1) The Contractor and any Subcontractors shall comply with all the requirements of the Labor

Laws of the State of Pennsylvania applicable to contracts on behalf of this Owner for construction, alteration or repair of any building or public work.

(2) The Contractor hereby agrees to comply in all respect with the Pennsylvania Prevailing

Wage Act, as amended, for construction, reconstruction, demolition, alteration and repair

GC-18

work, other than maintenance work, done under contract and paid for in whole or in part out of the funds of a public body if the estimated cost of the total project is in excess of

$25,000.00 for projects where public funds are involved or $100,000.00 for locally funded highway and bridge projects. A copy of the prevailing wage rates pertaining to the work and issued by the Pennsylvania Department of Labor entitled, "Prevailing Wage Rate

Determination" is on file in the Engineer's office and is included herein for projects in excess of $25,000.00 for projects where public funds are involved or $100,000.00 for locally funded highway and bridge projects. Pursuant to the Pennsylvania Prevailing Wage

Act, no public works contract may be awarded to any contractor and subcontractor or to any firm, corporation or partnership in which they have an interest on the attached disbarred bidders list located at the end of this specification, until expiration date given. Workmen shall be paid not less than such prevailing wage rate.

(3) Before final payment is made by or on behalf of the Owner of any sum or sums due to the work, the Contractor or Subcontractor shall file with the treasurer of the Owner, written statements in form satisfactory to the Commissioner of Labor certifying to the amounts then due and owing from such contractor or subcontractor filing such statement to any and all workmen for wages due on account of the work, setting forth therein the names of the persons whose wages are unpaid and the amount due to each respectively which statement shall be certified by the oath of the Contractor or Subcontractor.

(4) The prevailing wage rate shall be determined by the Commissioner of Labor or his duly authorized representative.

(5) Contractors or Subcontractors performing public work of a public body subject to the provisions of this act shall post the prevailing wage rates for each craft and classification involved as determined by the Commissioners of Labor including the effective date of any changes thereof, in prominent and easily accessible places at the site of the work or at such place or places as are used by them to pay workmen their wages.

(6) In the event it is found that any workmen, employed by the Contractor or any

Subcontractor, on this project, has been paid a rate of wages less than the prevailing wage required, the Department of Labor along with the Owner may terminate the Contractor's or

Subcontractor's right to proceed with the work or such part of the work as to which there has been a failure to pay required wages and to prosecute the work to completion or otherwise, the Contractor and their surety(ies) shall be liable to the Department of Labor along with the Owner for any excess costs occasioned thereby.

GC-19

(7) Prior to final payment, the Contractor shall be required to execute and deliver an Affidavit of Compliance in a form provided by the Engineer, as required.

C. Davis-Bacon Wage Rates (Federal):

(1) The Contractor and any Subcontractors shall comply with all the requirements of the Davis-

Bacon Act (DBA), as amended, applicable to contracts on behalf of this Owner for construction, alteration, or repair, including painting and decorating, of public buildings and public works.

(2) The Contractor hereby agrees to comply in all respect with the DBA, as amended, for construction, alteration, or repair, including painting and decorating, of public buildings and public works done under contract and paid for in whole or in part out of the funds of a public body if the estimated cost of the total project is in excess of $2,000.00 for projects where public funds are involved. A copy of the applicable Davis-Bacon wage decision pertaining to the work and issued by the U.S. Department of Labor is on file in the

Engineer's office and is included herein for projects in excess of $2,000.00 for projects where public funds are involved.

(3) Contractors and Subcontractors shall pay all mechanics and laborers employed directly on the site of the work unconditionally not less often than once a week and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the Contractor or

Subcontractor and the laborers and mechanics.

(4) No part of this contract shall be subcontracted to any person or firm ineligible to be awarded of a government contract by virtue of Section 3(a) of the Davis-Bacon Act, 29

CFR 5.12(a)(1) or 49 CFR 29.

(5) The Contractor is required to maintain documentation that demonstrates compliance with

DBA prevailing wage requirements during the course of the project work and for a period of five (5) years thereafter. The Contractor shall make such documentation available to the Local Contracting Agency or Owner upon request. Such documentation includes completed weekly payroll reports for all Contractor employees and any Subcontractor employees, as applicable, working on the project.

(6) The Contractor is required to display on the job site a copy of the applicable Davis-Bacon wage decision and the form WH-1321.

4.04 Contractor’s Employee Eligibility.

GC-20

A. All workmen must be competent and fully qualified in the type of work to be performed. Any employee of the Contractor, who is found by the Engineer to be incompetent, or who is performing their work in an unsightly manner or contrary to the specifications or the Engineer's instructions, or who is disorderly, shall be removed from the project and shall not again be employed on the project without the Engineer's consent.

B. The Contractor hereby agrees to comply in all respect with the Public Works Employment

Verification Act, 43 P.S. 167.1 - 167.11 (Act). The Act requires Contractors and

Subcontractors on public works projects to verify the eligibility of each new employee electronically through the electronic verification program (EVP) operated by the U.S.

Department of Homeland Security.

C. The Contractor and all Subcontractors shall complete the EVP and provide eligibility verification documentation for each new employee hired after January 1, 2013. Eligibility of new employees shall be verified prior to execution of the contract. The Contractor and all

Subcontractors shall maintain documentation of continued compliance with the Act by utilizing the EVP for new employees hired throughout the duration of the public works contract.

D. Failure to verify employment eligibility for new employees through the EVP, and provide the verification form, or falsification of employee information provided for the EVP is punishable by sanctions in accordance with 43 P.S. 167.5 (1,2).

4.05 Eight-hour Day; Prevailing Wage Rate.

A. All mechanics, workers, laborers, employed or engaged in the work hereunder shall work no more than eight (8) hours in any one day. In case of necessity for the protection of property or human life, mechanics, workmen and laborers may be employed for longer periods than eight hours per calendar day, if paid extra compensation on the basis of eight hours constituting a day’s work, in accordance with all State and Federal laws.

4.06 Payment of Employees.

A. The Contractor and each of their Subcontractors shall pay each of their employees engaged in work on the project under this contract in full (less deductions made mandatory by law) in legal tender and not less often than once each month. If the Davis-Bacon Wage Rates are applicable, then the Contractor and each of the Subcontractors shall pay each of their employees not less often than once a week.

4.07 Safety and Health Regulations.

GC-21

A. The Contractor shall comply with the Department of Labor, Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (P.L.91-596) and under Section 107 of the Contract Work Hours and Safety Standards for Construction

(P.L.91-54).

4.08 Accident Prevention.

A. Precautions shall be exercised at all times for the protection of persons (incl. employees) and property. The safety provisions of applicable laws, buildings, and construction codes shall be observed. Machinery, equipment, and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Association General Contractors in America and Part VI "Temporary Traffic Control" of the U.S. Dept. of Transportation. Federal Highway Administration "Manual on Uniform Traffic

Control Devices", latest edition, whichever is more stringent to the extent that such provisions are not in contravention of applicable law. Contractor alone shall be responsible for the safety, efficiency, and adequacy of their plant, appliances and methods and for any damage which may result from their failure for their improper construction, maintenance or operation. The cost of

"Accident Prevention" shall be included in the lump sum or unit price bid whichever is applicable.

5.0 MATERIALS.

5.01 Contractor’s Title to Materials.

A. No materials or supplies for the work shall be purchased by the Contractor or by Subcontractor that are subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Contractor warrants that they have good title to all materials and supplies used by the Contractor in the work.

5.02 Royalties and Payments.

A. The Contractor shall pay all royalties and license fees. They shall defend all suits or claims for infringements of any patent rights and shall save the Owner harmless from loss or account thereof.

5.03 Use of Domestic Material.

GC-22

A. In the performance of the work, the Contractor and all Subcontractors shall use only manufactured materials and farm products of the United States of America, wherever available.

B. All Contractors and Subcontractors shall comply with all State and Federal statues, which relate to the use of domestic materials.

5.04 Ordering Materials.

A. Before ordering materials, the Contractor shall obtain the Engineer's approval of their conformity to the specifications. In the case of concrete aggregate and similar materials, samples must accompany the request for approval. The Contractor must forward to the

Engineer copies of all shipping lists, invoices, or delivery slips accompanying such deliveries.

5.05 Samples.

A. The Contractor shall submit to the Engineer any samples of materials before or during the progress of the work that may be required by the Contract Documents and all materials and workmanship must be equal in every respect to the samples submitted and approved.

5.06 Shop or Setting Drawings.

A. The Contractor shall submit promptly eight (8) copies of each shop or setting drawings, of which two (2) will be returned to the contractor prepared in accordance with the schedule predetermined under the provisions of the preceding paragraph hereof with the Contractor's approval stamp and date thereon. After examination of such drawings by the Engineer, and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Engineer with two (2) corrected copies. If requested by the

Engineer, the Contractor must furnish additional copies, regardless of corrections made in or approval given to such drawings by the Engineer. The Contractor will nevertheless be responsible for the accuracy of such drawings and for their conformity to the drawings and specifications unless they notified the Engineer in writing of any deviations, at the time they furnished such drawings.

B. The Contractor shall likewise submit, in writing, the type, kind and name of the manufacturer of all materials to be used in the work for the written approval of the Engineer prior to the installation of same.

C. Any equipment or materials installed without the written approval of the Engineer will be required to be removed by the Contractor at their own expense and replaced with equipment and materials as approved.

GC-23

5.07 Additional Instructions and Detail Drawings.

A. The Contractor will be furnished additional instructions and detail drawings to carry out the work included in the contract as required. The additional drawings and instructions thus supplied to the Contractor will coordinate with the contract documents and will be so prepared that they can be reasonably interpreted as a part thereof. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions.

B. The Contractor and the Engineer will prepare, jointly (a) a schedule fixing the date at which special drawings will be required and by whom they will be made, such drawings, if any, to be furnished by the Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop or setting drawings; the beginning of manufacture, testing and installation of materials, supplies, and equipment and the completion of the various parts of the work, each such schedule to be subject to change from time to time in accordance with the progress of the work.

5.08 Or Equal Clauses.

A. Wherever in these contract documents a particular brand, make of materials, device or equipment is shown or specified, such brand, make of material, device or equipment should be regarded merely as a standard.

B. When a bidder submits an equivalent, it shall be the responsibility of the bidder to document the equivalence claim. Failure to submit such documentation shall be grounds for rejection of the claim of equivalence.

C. If two or more brands, makes of material, devices or equipment are shown or specified, each should be regarded as the equal of the other. Any other brand, make of material, devices or equipment, which in the opinion of the Engineer is the recognized equal of that specified, considering quality, workmanship and economy of operation, and is suitable for the purpose intended, will be accepted. All material and workmanship shall, in every respect be in accordance with what, in the opinion of the Engineer is in conformity with approved modern practice.

D. Whenever the drawings, specifications or other contract documents or the direction of the

Owner or its authorized agent admit of doubt as to what is permissible, and/or fail to note the quality of any work, that interpretation will be made by the Engineer which is in accordance with approved modern practice to meet the particular requirement of the contract.

GC-24

E. In all cases, new materials shall be used unless this provision is waived by notice from the

Engineer.

5.09 Substitutions.

A. After the execution of the contract, substitution of equipment or materials of makes other than those named in the contract will be considered only for the following reason: That the equipment proposed for substitution is superior or equal in construction and/or efficiency to that named in the contract.

B. Complete data, to include: shop drawings, specifications, performance curves, test results, list of similar installation with years of service, operating and maintenance instruction, a statement that the Contractor agrees to pay all costs that will result directly or indirectly from acceptance of the substitute, and all other necessary information; shall be submitted in triplicate to enable the Engineer to evaluate the proposed substitution equipment or material. The determination as to whether or not such changes will be permitted rests solely with the Engineer.

C. The Contractor shall take and assume full responsibility and bear any extra expense or cost incurred by changes advocated by the Contractor.