DEPARTMENT OF PUBLIC WORKS/ENGINEERING

GENERAL SPECIFICATIONS FOR CONTRACT

For purposes of this contract –

➢ In construing this contract, references to the Male gender shall include the Female and neuter genders, or both, where appropriate in context, and references to the singular shall include the plural, where appropriate in context.

➢ Reference to the City and/or Owner shall also be interpreted to mean City of Altoona or City of Altoona and its designated representative,

➢ Reference to “Successful Bidder” shall also be interpreted to mean “Contractor” and vice-a-versa; and

➢ Unless otherwise stipulated, work on this contract will be per PennDOT Publication 408, as amended.

Project Submittal: Proposals must be submitted electronically via PennBid

(https://pennbid.bonfirehub.com) utilizing the electronic bid forms within the “Prepare My Submission” tab, including uploading of all required supporting documents identified herein. Supporting documents shall be submitted using forms provided by the City of Altoona or they will be rejected as not being in the proper form. Bid prices shall only be provided within the “Prepare My Submission” section of

PennBid. Unless the City of Altoona has specifically allowed the “No Bid” option, bidders shall enter all unit prices requested. Bids submitted by any other means shall not be considered. Detailed instructions on how to submit a bid can be found on the RESOURCES page of PennBid. Bidders can also contact PennBid’s office for assistance at 610-693-4769, or by email at info@pennbid.net. The

City of Altoona assumes no responsibility for proposals submitted incorrectly.

http://www.pennbid.procureware.com/ https://pennbid.net/wp-content/uploads/PennBid-Quick-Guide-How-to-Submit-a-Bid.pdf mailto:info@pennbid.net

GENERAL INFORMATION

Certain projects or certain aspects or items of work may be exempt from State Sales and Use Taxes. In such cases, said taxes shall not be included in the Bid or the Contract Price. Bidders are advised to seek professional assistance in determining whether or not the State Sales and Use Taxes apply to any aspect of this project.

The Successful Bidder will be responsible for the payment of any applicable Excise, Sales, Use and/or other taxes required by law on all materials, tools, apparatus, equipment, fixtures, and incidentals which Successful Bidder purchases or uses for the purpose of fulfilling the work of this contract, and bidder shall include all amounts required for such taxes within the prices in the bid. No additional payment will be made to cover such taxes. Each bidder shall become thoroughly familiar with the Contract Documents before submitting a Bid, with all laws requiring the payment of taxes.

Bidders may, during the bidding period, be advised of addendums, omissions, or alterations. All such changes shall be included in the work covered by the proposal and shall become a part of the contract. Upon receiving any addendums, omissions, or alterations, the bidder is required to attach same to these specifications upon submitting a bid.

Either an original Certified Check, Official Check, Cashier’s Check or Bid Bond drawn to the order of the "City of Altoona" equal to ten (10%) percent of the amount of the bid must be submitted with the proposal. Bidders are advised that the Bid Bond must be in effect for a period of sixty (60) days from the bid opening date. – NOTE THAT BID BOND MUST BE ON THE FORM PROVIDED IN THIS DOCUMENT.

Mayor and City Council reserve the right to reject any or all bids and waive any informality not material to the bid and to award the contract as may be deemed to be in the best interest of the City of Altoona.

The bidder further understands that the quantities in unit price work are approximate only and are presented solely for the purpose of comparing bids. The bidder understands and agrees that the City may increase or decrease the quantity of work to be done under any item. The bidder further agrees that if there are any mathematical errors in the figures contained in the bidders proposal, the City has the right to make the mathematic corrections and that if the bidder’s proposal is subsequently accepted, the work, as specified and required by the City in the Contract Documents, will be paid for by the City at the corrected prices in the Contract Agreement. The City does not commit to make corrections and/or assume responsibility to check calculations.

Escalating costs - none.

The successful bidder will be required to provide the City of Altoona with proper bonds, insurance, and affidavits within ten (10) consecutive calendar days of the award.

The successful bidder, upon failure or refusal to execute and deliver the required bonds, insurance, and affidavits within ten (10) consecutive days after successful bidder has received notice of the acceptance of the bid, shall forfeit to the City, as liquidated damages for such failure or refusal, the security deposited with the said bid. The City may then award the contract to the next lowest bidder.

The Contractor will contract to indemnify and save harmless the City of Altoona from all liability, claims and demands for bodily injury and property damage arising from the work undertaken by the Contractor, Contractor’s employees, agents or Contractor’s subcontractors.

Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves as to all conditions and matters, which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in, or omissions from the drawings, specifications, or other documents, or should bidder be in doubt as to their meaning, bidder should at once notify, in writing, the Department of Public Works/Engineering and obtain clarifications prior to submitting any bid.

The City of Altoona reserves the right to reject any and all bids or portions thereof, to waive any defects or irregularities and informalities not material to the bid and to award the contract as Council deems to be in the best interest of the City of Altoona. The decision of the City as to the bidder or bidders selected will be conclusive. Conditional bids will not be accepted.

The Contractor shall keep at the work site a copy of the Plans and Specifications approved in writing by the city, to which the City shall have access at all times.

The Plans, Specifications, and other Contract Documents will govern the work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, shall be as though shown or mentioned in both.

While it is believed that much of the information pertaining to conditions which may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work which would have been disclosed by reasonable examination of the site.

Existing conditions visible at the job site, for which no specific disposition is made on the Plans, but which could reasonably be assumed to interfere with the satisfactory completion of the improvements contemplated by the Plans, shall be removed and disposed of by the Contractor upon notification and approval of the City.

The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the City.

When a section and/or sections of the Commonwealth of Pennsylvania, Department of Transportation Specifications, or any other specifications, is referred to, it shall become a part of these specifications and shall be as binding as if the section and/or sections referred to were written completely in these specifications.

No bidder may withdraw a bid within sixty (60) days after the actual date of the opening thereof.

RECEIPT AND OPENING OF BIDS

The City of Altoona invites bids on the form attached hereto for furnishing all plant, labor, and materials, and for performing all work for the project in strict accordance with the specifications, schedules, and drawings. Any bid may be withdrawn prior to the scheduled time for the opening of bids or authorized postponement thereof.

No bidder may withdraw a bid within sixty (60) days after the actual date of the opening thereof.

PRECONSTRUCTION CONFERENCE

The successful bidder will be required to meet with the City at a time agreed upon by all parties involved to review the procedure for executing the contract and for construction of the project.

CONTRACT

The successful bidder who is awarded the contract will be required to execute the required number of the CONTRACT FOR CONSTRUCTION or STATE FORM MS-944, whichever is applicable, within TEN (10) consecutive calendar days of notice of award.

The successful bidder, upon failure or refusal to execute and deliver the contract, bonds and insurance documents required within ten (10) consecutive calendar days after successful bidder has received notice of the acceptance of the successful bidder’s bid, shall forfeit to the City, as liquidated damages for such failure or refusal, the security deposited with the said bid. The City may then award the contract to the next lowest responsible bidder and/or take whatever other action the City deems appropriate.

The successful bidder may be required to submit for approval a marked site plan showing material/equipment storage area.

The term “Contract Documents” shall include the Notice to Bidders, General Specifications, Bid Form, Bid Bond, Performance Bond, Labor and Material Payment Bond, Non-Collusion Affidavit, Public Works Employment Verification Form, General Federal Requirements, Davis Bacon Wage Rates (or Pennsylvania Bureau of Labor Law Compliance Prevailing Wage Rates), MBE/WBE Commitment Form (if applicable), Certificate of Insurance and endorsements, Detailed Specifications, Drawings, Notice to Proceed, Contract for Construction Statement of Surety Company and Contractor’s Certificate.

Unless written notice is received by the City as to any apparent discrepancies or incompleteness in the Contract Documents prior to the date and time for receipts of bids, the Contract Documents will be considered as clear and complete.

The Contract Documents include general, sectional and subject titles for convenience only. No responsibility is assumed by the City for any omissions or duplications due to errors in the arrangement of subject matter in the Contract Documents.

INSURANCE

The Contractor must carry all City and State required insurance and bonds, included but not limited to the following:

Workmen’s Compensation and Employer’s Liability – The Contractor shall take out and maintain during the life of this contract Workmen’s Compensation Insurance for all employed at the site of the project.

The Contractor shall require any subcontractor to provide the same coverage. A Certificate must be supplied to the City of Altoona from the insurance carrier showing coverage.

Public Liability, Personal Injury, and Property Damage – Public Liability shall be in an amount of $1,000,000 for all damages arising out of bodily injury, including death at any time resulting therefrom, sustained by any one person in any one accident and a limit of liability of not less than $1,000,000 aggregate for any such damages sustained by two or more persons in any one accident. Property damage shall be in an amount of $1,000,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $1,000,000 aggregate for any such damage sustained by two or more persons in any one accident.

Explosion, Collapse, and Underground, if applicable, shall be covered with insurance in limits as required under Public Liability, Personal Injury, and Property Damage for each occurrence.

Insurance Continues →

Insurance Continued

Railroad Protective Liability and Property Damage – If applicable, when the contract includes work on or under railroad rights-of-way or properties the Contractor shall secure and maintain Railroad Protective Liability and Property Damage insurance. The amount of insurance, term of policy and name or names of the insured shall be in accordance with current railroad requirements.

Independent Contractors Liability Coverage – Public Liability shall be in an amount not less than $1,000,000 for injuries including accidental death to any person, or in an amount not less than $1,000,000 on account of each occurrence. Property damage insurance shall not be less than $1,000,000.

Blasting Coverage – Blasting will not be permitted.

Completed Operations Liability, if applicable, shall be in an amount of not less than $500,000.

Fire and Extended Coverage Insurances – The Contractor, at Contractor’s own expense, shall carry insurance upon the insurable value of the work done pursuant to the contract. Such policies shall provide protection against loss or damage as a result of fire, lightening, or perils covered by an extended coverage endorsement. Policies insuring work done pursuant to the Contract shall be written in the name and for the benefit of the Contractor and the City of Altoona, as their respective interests may appear.

Automobile and Truck Public Liability, Bodily Injury, and Property Damage shall be in an amount of $1,000,000 (Public Liability), $1,000,000 (Personal Injury), and $1,000,000 (Property Damage).

City of Altoona’s Liability – The Contractor shall take out and maintain during the life of this contract, such public liability and property damage insurance as shall protect the City of Altoona and its authorized representative, from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations connected with or caused by any operation or matter related to this contract. The amounts of such insurance shall be in accordance with the limits established under Public Liability, Personal Injury, and Property Damage set forth hereinabove.

Umbrella Excess Liability Insurance – The Contractor shall provide a minimum limit of liability of at least $2,000,000 per occurrence which shall be in excess over the primary limits of insurance required in this section.

POLICIES OF INSURANCE AND/OR CERTIFICATES OF SUCH INSURANCE SHALL BE FURNISHED TO THE CITY OF ALTOONA, WITHIN TEN (10) CONSECUTIVE CALENDAR DAYS OF NOTICE OF AWARD, NAMING THE CITY AS AN ADDITIONAL INSURED FOR ALL APPLICABLE LIABILITY COVERAGE

INCLUDING, BUT NOT LIMITED TO, UMBRELLA COVERAGE WITH ALL SUCH COVERAGE TO BE ON

A PRIMARY AND NONCONTRIBUTORY BASIS. ALL ENDORSEMENTS MUST BE ATTACHED AND

MUST ALSO INDICATE SAID BASIS OF INSURANCE AND THAT THE CITY IS AN ADDITIONAL

INSURED. FAILURE TO SUPPLY SUCH CERTIFICATES AND ENDORSEMENTS WITHIN SAID TEN (10)

DAY PERIOD, SHALL ALLOW THE CITY TO REVOKE THE BID ACCEPTANCE AND TAKE SUCH

ACTION AS HEREINBEFORE SET FORTH. AN EXAMPLE OF A CERTIFICATE OF INSURANCE AND

ENDORSEMENT LANGUAGE TO BE FOLLOWED IS ATTACHED HERETO.

No insurance shall be cancelled or materially altered, except after thirty (30) days written notice has been received by the City of Altoona.

The insurance provided for herein shall be made payable to the City of Altoona and the City of Altoona shall have the sole right to receive the proceeds thereof.

CONTINGENCY

Allowances for contingent items involving additional cost to be expended only upon written order signed by the City. The remaining portion of sum unexpended at completion of work to be deducted from total payments due the Contractor.

RESPONSIBILITY REGARDING EXISTING UTILITIES, BUILDINGS, AND STRUCTURES

The Contractor shall comply with PA Act 287 and the requirements of the Pennsylvania One Call System, Inc.

The existence and location of underground utilities, piping or conduits indicated on the drawings are not guaranteed and shall be investigated and verified in the field by the Contractor before starting work. The Contractor’s attention is directed to the existing structures and utilities and shall be carefully done by hand.

The Contractor shall be held liable for any damage done by reason of breaking any water, sewer, gas, telephone, electric, process piping, plant conduits, or other utility service. The Contractor shall notify all utility companies and the City’s operating personnel in advance of construction and cooperate with agents of these companies and the City during the progress of work. Any lines or services that become broken or damaged during the progress of the work, the Contractor shall repair or have repaired at once at Contractor’s own expense. Delays which would result in any residences or businesses having to go overnight or for needlessly long periods during the day without utilities, or any businesses adversely affected, will not be tolerated. The City reserves the right to remedy such delays or neglect by ordering outside parties to make repairs at the expense of the Contractor without written notice.

Care shall be taken not to move, without the consent of the owner of the utility, any sewers, culverts, water, gas, electric, telephone, or other pipes or poles or structures. In crossing, or in running parallel with or near utility lines, process piping or plant conduits, they shall be securely hung, braced or supported in place until the work is completed. Whenever it is necessary to interfere with said structures, the Contractor, at Contractor’s own expense, shall maintain their respective services, and if necessary, lay temporary lines or structures.

If any utility encountered requires relocation, either vertically or horizontally, the utility will be responsible for such relocation unless otherwise specified in the plans or specifications.

The Contractor shall repair all damage done to any structures and shall keep them in repair for a period of one

(1) year after the completion of the work.

PA ONE CALL PROJECT OWNER, EXCAVATOR AND ALLEGED VIOLATION REPORTS

The Contractor/Project Owner must notify all parties (Facility Owner, Designer), when a utility is damaged. All parties must submit a report of an alleged violation.

• Excavator: Submit a report of an alleged violation not more than ten business days after striking or damaging a facility owner’s line during excavation or demolition or if the excavator believes a violation of this act has been committed in association with an excavation or demolition work.

• Project Owner: Submit a report of an alleged violation no more than ten business days after striking or damaging a facility owner’s line during excavation or demolition work activities, after a project owner’s contracted excavator strikes or damages a facility owner’s line during excavation or demolition activities or if the project owner believes a violation of this act has been committed in association with excavation or demolition.

All alleged violation reports are to be submitted via the POCS website under the Enforcement section.

Excavators, designers, project owners and facility owners shall submit an alleged violation report to the commission through One Call System for instances when a person by action or inaction fails to fulfill the obligation of the Act. The report of alleged violation shall be in a form and manner as required by the commission.

UTILITY CONTACTS

Listed below are the individuals to contact when there is a question pertaining to public utilities.

City of Altoona Department of Public Works City of Altoona Street Lighting System Steve Ocker, Right-of-Way Supervisor Blaine Barefoot, Foreman Altoona City Hall, Engineering Department Electrical Department 1301 12th Street, Suite 300 5010 6th Avenue Altoona, PA 16601-3491 Altoona, PA 16602 Office: (814) 949-2444 Office: (814) 949-2229 socker@altoonapa.gov bbarefoot@altoonapa.gov

City of Altoona Highway Department Verizon Denny Nearhoof Rich Lampenfeld, Network Engineer 5010 6th Avenue 1119 16th Street Altoona, PA 16602 Altoona, PA 16601

(814) 949-2212 Office: (814) 946-5909 dnearhoof@altoonapa.gov richard.m.lampenfeld@verizon.com

Altoona Water Authority Altoona Water Authority Wastewater Division Water Division Preston Wilson, Wastewater Maintenance Supervisor Rick McPhee, Superintendent 144 Westerly Treatment Plant Road 832 20th Street Duncansville, PA 16635-7800 Altoona, PA 16601 Office: (814) 949-2218 ext. 2211 Office: (814) 935-3877 pwilson@altoonawater.com rmcphee@altoonawater.com

Penelec Peoples Natural Gas Co.

Rick Fink Katie Curry, Design Project Manager 405 West Plank Road 3115 Elton Road Altoona, PA 16602 Johnstown, PA 15904 Office: (814) 949-4652 Office: (814) 269-6329 rfink@firstenergycorp.com katie.curry@peoples-gas.com

Breezeline Brian Kotrick 2200 Beale Avenue Altoona, PA 16601 Office: (814) 949-6315 bkotrick@breezeline.com

NOTE: CONTRACTOR REQUIRED TO NOTIFY THE PENNSYLVANIA ONE CALL SYSTEM, INC.

@ 1-800-242-1776 OR “811” PRIOR TO ANY TYPE OF EXCAVATION.

FIELD MEASUREMENTS AND MEASUREMENTS OF QUANTITIES

Before ordering any material or doing any work, the Contractor shall verify all measurements at the site and shall be responsible for the correctness of same. The Contractor shall, without extra charge and upon authorization of the City, shall make slight alterations as may be required to match existing conditions and provide for the overall intent of the project.

All quantities are to be measured on a horizontal and/or vertical basis and payment shall be made on the same basis unless otherwise specifically stated.

The quantities of materials furnished, and work performed will be computed by the City on the basis of measurements taken by the City and these measurements shall be final and binding.

Water mains, storm drains, sanitary sewers, gas mains, process piping, plant conduits, and other utilities are shown on the drawings in accordance with the best information available for the information of the Contractor.

The City assumes no responsibility for accuracy or completeness of information shown. Existing pipe, conduits, mains and services shall be carefully protected and any damage to them caused by the work shall be immediately repaired in an approved practice and to the satisfaction of the City AND the owner of the utility by the Contractor at the Contractor’s expense, using materials of the kinds damaged.

All quantities are to be measured on a horizontal and/or vertical basis, and payment shall be made on the same basis unless otherwise specifically stated.

SITE CONDITIONS

It is the Contractor’s responsibility to carefully examine, in detail, the character of the soil, the site of the work, the contract documents/specifications, and all matters pertinent to the work contemplated, as well as any conditions to be encountered overhead, on the surface and underground, the character, quality and quantities of work to be done and materials to be furnished and the requirements of the agreement and contract documents.

Data from test borings and soil loadings, if conducted, will be made available to the view of prospective bidders at the Department of Public Works/Engineering and are made available only under the condition of explicit waiver of the responsibility of the City, and upon the condition that the City in no way warrants or guarantees that the materials to be excavated will be even approximately similar to those shown by the record of test borings. The Contractor must assume all risk as to the nature and behavior of the soil which underlies the work or is adjacent thereof, including any difficulties which may be due to quicksand or other unfavorable conditions that may be encountered in the work, whether apparent upon surface inspection or disclosed only in the process of carrying on the work. No information furnished by the City or any of its agents or servants shall in any way relieve the Contractor from risk or responsibility in fulfilling all terms of the contract and specifications.

The Contractor further is warned that, in the event Contractor receives any information or data referred to herein from or through the City or any of its agents, servants or representatives, Contractor is to thoroughly check the data received and satisfy himself as to its accuracy and, if Contractor relies upon it, Contractor shall do so at Contractor’s own risk. No plea of ignorance of conditions that exist or may hereafter exist or of difficulties that may be encountered in the execution of the work hereunder as a result of failure to make the necessary examinations and investigations will be acceptable as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of the contract, or will be accepted as a basis for any claim whatsoever for extra compensation.

COMPETENT WORKERS

No person shall be employed to perform any work under this contract who is not a competent and first-class worker or mechanic, as applicable. For purposes of this contract, no worker or mechanic, as applicable, shall be regarded as competent and first-class unless said person shall be duly skilled in the applicable branch of labor and shall be paid not less than the rate of wages if listed elsewhere in these specifications.

NIGHT AND SUNDAY WORK

No work shall be done between the hours of 7:00 P.M., local prevailing time, and 7:00 A.M., local prevailing time or on Sunday, except as is necessary for the proper care and protection of work already performed or except in case of an emergency or public safety and only with the permission of the Owner and/or its designated representative. Please review the City’s Noise Ordinance for compliance.

MAINTENANCE DURING NON-WORKING HOURS

When directed by the City, the Contractor shall make any repairs and/or maintenance of the work site which have become hazardous to the public.

If the Contractor fails to make the repairs within a reasonable period of time after being directed by the City, the necessary repairs or maintenance shall be performed by others and the full costs of the work charged to the Contractor.

Names and telephone numbers of contact personnel shall be made available to the City at all times.

MUTUAL RESPONSIBILITY OF CONTRACTORS

If, through acts of neglect on the part of the Contractor, any other contractor or subcontractor shall suffer loss or damage on the work, the Contractor shall settle with such other contractor or subcontractor by agreement or arbitration, if such other contractor or subcontractor shall assert any claim against the City and/or its designated representative on account of any damage alleged to have been so sustained, the City will notify this Contractor, who shall defend at Contractor’s own expense any suit based upon such claim, and, if any judgment or claims against the City and/or its designated representative shall be allowed, the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith.

PERMITS

All work shall comply with local codes, regulations and rules of agencies having jurisdiction. Such certification shall be provided upon completion of the work and shall be delivered to the City.

The Contractor shall be required to secure all local, state, and other permits required for the construction. Costs of such permits shall be paid by the Contractor.

COMPLIANCE WITH LAWS

The Contractor shall be responsible to comply with all statutes, ordinances, rules and regulations, whether federal, state, or local, which may be applicable to the work to be performed and/or materials and equipment to be used or supplied in performance of the contract. The City makes no representation that such statues, ordinances, rules, and regulations as may be mentioned in the Contract Documents are the only applicable, and the Contractor agrees that Contractor shall ascertain all statutes, ordinances, rules and regulations that may be applicable and shall base any bid prices on full compliance therewith.

REGULATIONS OF THE UNITED STATES SECRETARY OF LABOR

The Contractor shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable Laws and Regulations, neither the City nor its authorized representative shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.

If the Contractor observes that the Specifications or Drawings are at variance with any Laws or Regulations, the Contractor shall give the City prompt written notice thereof, and any necessary changes will be authorized by one of the following methods:

Formal Written Amendment.

Change Order

Work Directive Change

Note that the Contract Price and Contract Time may only be changed by a Change Order.

If the Contractor performs any work knowingly or having reason to know that it is contrary to such Laws or Regulations, and without such notice to the City, the Contractor shall bear all costs arising therefrom; however, it shall not be the Contractor’s primary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations.

The Contractor must comply with all regulations of the United States Secretary of Labor made pursuant to the “Anti-Kickback Act” of June 13, 1934, 43 Stat. 948, 62 Stat. 862, 63 Stat. 108, 72 Stat. 967 (40 U.S.c. 276c).

The Contractor shall also require any subcontractor to comply with all regulations.

Applicable Federal Statutes and Regulations shall be adhered to during the contract period.

STEEL PRODUCTS PROCUREMENT ACT

Special attention is drawn to the provisions of the Commonwealth of Pennsylvania “Steel Products Procurement Act” – Act No. 3 of 1978 as amended by Act No. 1982-161 and as further amended and supplemented and the Contractor is advised that only steel products as defined in said Act shall be used or supplied in the performance of the contract or any subcontracts thereunder. Certification, Bill of Lading, Mill certifications and any other documents required by said Act shall be supplied.

PROJECT SAFETY

Nothing contained in the drawings and specifications or in any other document relating to this project shall be construed to require or authorize the City to supervise or be in any way responsible for the Contractor’s compliance with any applicable safety regulations or codes or the like. The City shall have no duty to inform the Contractor of any safety violations, and should the City voluntarily point out safety violations, such actions shall not be construed to mean that the City and/or its representative has assumed any responsibility for the Contractor’s compliance with any applicable safety regulations, codes or the like. The Contractor is solely responsible for project safety.

INDEMNIFICATION

The Contractor shall assume full responsibility for all its officers, employees and agents. The Contractor shall indemnify the City and its authorized representative, its officers, employees and agents (each of whom shall be included in the term “City” and its authorized representative for purposes of this Section) and hold and save harmless, and if requested, defend the City and its authorized representative from and against all claims, demands, and causes of action which may be asserted by any Person because of injury to property, injury or death to any person, or any other cause whatsoever, which arises out of or is related to any of the actions or omissions of the Contractor or its officers, employees or agents, whether intentional, unintentional, reckless, negligent or inadvertent. The Contractor shall also indemnify and hold harmless, and if requested, defend the City and its authorized representative from and against all claims, demands and causes of action which may be asserted by any person arising out of injury or death suffered by any of the officers, employees or agents or the Contractor, including, but not limited to third party actions for any injury or death otherwise covered under applicable worker’s compensation laws. The Contractor’s obligations for indemnification provided in this contract shall apply regardless of any sole or concurring or contributing negligence of the City and its authorized representative. The Contractor shall indemnify and hold harmless, and if requested, defend the City and its authorized representative against and from any and all loss, damages, cost and expenses, including reasonable attorney fees, suffered or incurred by the City and its authorized representative as a result of any breach of Contractor, or enforcement by the City and its authorized representative, or this contract or award of this contract to Contractor.

COORDINATION OF THE WORK

The Contractor shall be responsible for all work and for the coordination of the operations of all trades, subcontractors, or materialmen engaged upon this contract. The Contractor shall be prepared to guarantee to each of Contractor’s subcontractors the locations and measurements which they may require for their work and to all surrounding work.

CITY’S STATUS

For purposes of this section the City is defined as the City or its authorized representative.

The City will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work and to determine, in general, if the work is proceeding in accordance with the Contract Documents. The City will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work.

The City will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) as the City may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If the Contractor believes that a written clarification or interpretation justified an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount of extent thereof, the Contractor may make a claim therefore as provided under “Change of Contract Price” or “Change of Contract Time”.

The City may authorize minor variations in the work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on the City and also on the Contractor who shall perform the work involved promptly. If the Contractor believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount of extent thereof, the Contractor may make a claim therefore as provided in “Change of Contract Price” or “Change of Contract Time”.

The City will have the authority to disapprove or reject work which the City believes to be defective and will also have authority to require special inspection or testing of the work, whether or not the work is fabricated, installed or completed.

The City shall give the Contractor all desired assistance interpreting specifications, drawings, or written instruction. Such assistance shall not relieve the Contractor from any responsibility for the work or changes in contract guarantees, and any work which proves faulty shall be made right by the Contractor.

The fact that the City has permitted faulty work, or work to be done not in accordance with the specifications and drawings shall not prevent the City from requesting and insisting that the Contractor correct any faults or incorrect construction immediately. This paragraph shall be maintained unless a general bulletin allowing such changes is issued for all parties to see and note.

PAYMENT AND RETAINAGE

The City under this contract is bound to comply with Pennsylvania Act No. 317 of 1978, as amended by Act No. 200 of 1982 with respect to retainages.

The City is hereby authorized to expend so much of the retained percentages as may be required in making repairs and corrections of any defective work, if within seventy-two (72) hours of delivery of written notice to the Contractor, or Contractor’s agent, Contractor or they shall neglect to make needed repairs and corrections as directed by the City.

The amount of the payment due the Contractor shall be determined by the total value of work completed to date and if approved, the value of materials properly stored on the site and deducting ten percent (10%) of the total amount to be held as retainage.

(Payment and Retainage – Continued)

When the Contractor considers that the work has been completed, Contractor shall submit a request for final inspection and an application for final payment. The City shall make final inspection within thirty (30) days of receipt of the Contractor’s request for final inspection and application that the work is completed, if satisfactory to the City. The City shall make payment in full within forty-five (45) days thereafter. The foregoing notwithstanding, in the event a dispute arises between the City and any prime Contractor on the project to which the agreement relates, which dispute is based upon increased costs claimed by one prime Contractor occasioned by delays or other actions of another prime Contractor, retainage in the sum of one and one-half (1½) times the amount of any possible liability may be withheld until such time as a final resolution is agreed to by all parties directly or indirectly involved, unless the Contractor causing the additional claim furnishes a Bond satisfactory to the City to indemnify the City against the claim.

Payment of Retainage to Subcontractors – In the absence of good and sufficient reasons, within twenty (20) days of the receipt of payment by the Contractor, the Contractor shall be obligated to pay all subcontractors and suppliers with whom Contractor has contracted the earned share of the payment the Contractor has received.

No allowance for interest shall be made with respect to progress payments prior to Completion.

The Contractor shall submit its Application for Payment on or before the 30th day of the month. The City will, within ten (10) days after receipt of the Application for Payment, review and recommend payment or indicate reasons for rejecting the Application for Payment. Payment to the Contractor will be made within forty-five (45) days of an approved Current Estimate.

CHANGE OF CONTRACT PRICE

The Contract Price constitutes the total compensation (subject to authorized adjustments) payment to Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at Contractor’s expense without change in the Contract Price.

The Contract Price may only be changed other than an increase or decrease in quantities, by a Change Order or by a Written Amendment.

The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways:

1. General – Payment for items of work performed under this contract will be made at the contract price per unit of measure or by a lump sum basis depending on the project specific contract language. Either method should cover all costs for materials, labor, and equipment to perform specified work.

(Change of Contract Price - Continued)

2. Additional Work, Extra Work, and Extra Work on a Cost + Markup Basis – Work not covered under the original scope of the project will be paid, if authorized in writing by the City of Altoona, as additional work, extra work, or extra work on a cost + markup basis. Compensation will be limited to the work authorized in writing and actually performed. Work performed before written authorization will be at the Contractor’s risk.

A. Additional Work – This includes only the following:

a. Work of the type already provided by the contract, and

b. Work for which there is a contract price.

If the work is to be paid as additional work, the City will refer to the contract price for that work.

Perform all such work only when authorized in writing by the City. All additional work will be paid at the contract price and in the same manner as if it had been included in the original contract.

B. Extra Work – Work, having no quantity and/or price included in the contract, which is determined by the City to be necessary to complete the project and

a. Is such that a reasonable price therefore can be negotiated, and

b. Is such that force account records, if necessary, can be kept by the City.

The City will authorize, in writing, at its discretion, commencement of work as extra work.

Within five (5) business days of such authorization, the Contractor shall submit a price for the extra work with back-up data to the City. Pending approval of the price, daily records will be kept as stated below for Extra Work on a Cost + Markup Basis. If the price is accepted, the work will be paid only at the negotiated price, which will not be renegotiated once submitted for acceptance.

C. Extra Work on a Cost + Markup Basis – Work, having no quantity and/or price included in the contract, which is determined by the City to be necessary to complete the project and

a. The Contractor and City cannot agree on a negotiated price, therefore, and

b. The work is such that daily records can be kept by the City.

If the City and Contractor cannot agree on a negotiated price for the extra work and if the work is such that daily records can be kept by the City, the work is to be paid on a cost + markup basis as set forth hereafter. Records will be kept as stated below.

c. Payment for additional work, extra work, and extra work on a cost + markup basis is accepted as payment in full for all profit and for all equipment, labor, material, field overhead, home office and general administrative expenses, and every other expense incurred as a result of the additional or extra work and/or extra work on a cost + markup basis.

d. Cost + Markup Work – perform extra work on a cost + markup basis only when directed in writing by the City.

The City will keep records of extra work done on a cost + markup basis. Contractor shall compare Contractor’s records with those kept by the City, at the end of each day or as directed, to ensure accuracy and obtain concurrence. Contractor shall report any unresolved disagreements with such records to the City. Failure to review the City’s records or to report disagreements with such records will create a presumption that the City’s records are complete and accurate.

Payment for extra work performed on a cost + markup basis will be made, as specified hereinafter for the subjects listed, upon completion of the work. The Contractor agrees to a maximum markup for overhead and profit of ten percent (10%) above actual costs for all components other than services by others which will be at invoice plus two percent (2%).

Labor – Wages of forepersons; equipment operators; and skilled, semiskilled, and common laborers directly assigned to the specific operation will be reimbursed, as direct labor costs, at the actual base pay rate and fringe benefit rate paid, for each hour that such employees are engaged in the performance of authorized work and, if directed, overtime as provided for in existing laws and regulations. Indirect labor costs will be allowed as a percentage of the total base labor cost. However, if certified payroll records indicate that the Contractor’s method of making payment is such that fringe benefits are paid directly to the worker, indirect labor costs will be allowed as a percentage of the total direct labor cost. Compute indirect labor costs as follows:

i. Social Security Tax at the percentage legally required;

ii. Medicare Tax at the percentage legally required;

iii. Unemployment Taxes at the estimated effective rate;

iv. Workers’ Compensation Insurance at the policy percentage rate as adjusted for experience modifiers;

v. Contractor’s Public Liability Insurance at the policy percentage rate; and

vi. Contractor’s Property Damage Liability Insurance at the policy percentage rate, including coverage for damage due to blasting and explosions, when additional coverage is required on projects involving blasting.

Produce certified effective rates for the current calendar year by dividing the Contractor’s total, company-wide Unemployment Tax payments for the previous calendar year by the total wages and salaries paid to all employees for the same period. Re-certify estimated effective rates each year thereafter, for the duration of the project, based on the previous calendar year’s total wages and salaries and total tax payments.

Material – The cost of material used will be reimbursable including applicable sales tax and transportation costs charged by the material supplier.

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

1. Owner Equipment – For any Contractor-owned equipment, an hourly rental rate will be determined using the monthly rate listed in the applicable edition of the Rental Rate Blue Book for Construction Equipment (Blue Book), Volume 1. The Blue Book edition in effect as of the first day that work is performed on a specific force account is the edition that will remain applicable throughout the performance of such work. The applicable edition of the Blue Book will be authorized for use statewide on a specified date.

The hourly rental rate for owned equipment will be computed by dividing the monthly rate listed in the Blue Book by 176. Apply to this rate, the area adjustment percentage for the State and the age adjustment percentage for the model year of the piece of equipment, as shown on the Regional Adjustment Maps and in the Rate Adjustment Tables, respectively, located at the beginning of each section of the Blue Book.

An allowance will be made for operating costs by adding, to the above adjusted hourly rate, the estimated operating costs per hour, as listed in the Blue Book, for each hour that the equipment or machinery is actually in operation on the force account work.

Equipment used for maintenance and protection of traffic on a 24-hour basis will be reimbursed at a daily rental rate, which will be determined by dividing the monthly rate listed in the Blue Book by 22.

Where Contractor-owned equipment or machinery is not listed in the Blue Book, a rental rate will be determined based on the manufacturer’s list price for sale (new) of such equipment. In these cases, the monthly rate will be computed as six percent (6%) of the sale price (new), and the total hourly rate determined by dividing the monthly rate by 160, when operating, and by 352, when required at the work site on a standby basis, but not operating, with no adjustment percentages applied. For equipment used for maintenance and protection of traffic on a 24-hour basis, with no listing in the Blue Book, the daily rental rate will be computed as six percent (6%) of the manufacturer’s list price for sale (new) of the equipment divided by 22, with no adjustment percentages applied.

The rates established above include the cost of fuel; oil; lubrication; supplies;

necessary attachments; repairs; overhaul and maintenance of any kind;

storage; all costs of moving equipment onto and away from the work site, except as specified below; and all incidentals.

The City will not approve any costs in excess of those outlined above unless such costs were incurred for the convenience of the City, as directed, and are supported by an acceptable cost breakdown. If a piece of owned equipment, not already on or near the project site, is needed specifically for the cost + markup work, the cost of moving the equipment onto and away from the work site will be reimbursed, provided the equipment will not be used immediately thereafter in the performance of original contract work.

City will reimburse for actual hours used in execution of extra work only. No standby time will be allowed.

2. Rented Equipment – If a piece of equipment needed for the work is not of the type required to be provided by the Contractor for the proper execution of the contract work, or if the piece of equipment needed is “owned” but not currently available, and the equipment can be obtained by rental, discuss the need to rent the equipment with the City and obtain approval of the rental rate to be paid before renting the equipment for the work.

Additionally, if an item is purchased specifically for the work, but does not become a permanent part of the work, the item will be considered rented equipment for cost reimbursement purposes. If the item’s useful life is completely expended in the performance of the work, as determined by the City, the full cost of the item will be reimbursed, including applicable sales tax and transportation costs. Otherwise, that portion of the item’s useful life expended in the performance of the work will be determined and reimbursement made at a prorated cost.

The Contractor will be reimbursed the actual invoiced cost for rented equipment, plus the cost of transporting the equipment to and from the work site. An allowance will be made for operating costs by adding, to the rental cost, the estimated operating cost per hour, as listed in the Blue Book, for each hour the rented equipment is actually in operation on the force account work. Furnish a copy of the invoice, receipt, or cancelled check as support for the rental expense incurred.

Transportation charges for each piece of rented equipment, to and from the site of the force account work, will be paid provided:

a. Equipment is obtained from the nearest available source,

b. Return charges do not exceed the delivery charges,

c. Haul rates do not exceed the established rates of licensed haulers, and

d. Charges are restricted to those units of equipment not readily available and not on…