7-7. General Conditions of the Contract.pdf

Mount Wolf Borough 2026 Street Project 00700-1 General Conditions

DOCUMENT 00700

GENERAL CONDITIONS

STANDARD

OF THE

CONSTRUCTION CONTRACT

Mount Wolf Borough 2026 Street Project 00700-2 General Conditions

ARTICLE 1-DEFINITIONS

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

1.1. Addenda--Written or graphic instru-

ments issued prior to the opening of Bids which clarify, correct or change the Bidding Require-ments or the Contract Documents.

1.2. Agreement--The written contract be-

tween OWNER and CONTRACTOR covering the Work to be performed; other Contract Doc-uments are attached to the Agreement and made a part thereof as provided therein.

1.3. Application for Payment--The form ac-

cepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

1.4. Asbestos--Any material that contains

more than one percent asbestos and is friable or is releasing asbestos fibers into the air above cur-rent action levels established by the United States Occupational Safety and Health Admin-istration.

1.5. Bid--The offer or proposal of the bidder

submitted on the prescribed form setting forth the prices for the Work to be performed.

1.6. Bidding Documents--The advertisement

or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

1.7. Bidding Requirements--The advertise-

ment or invitation to Bid, instructions to bidders, and the Bid form.

1.8. Bonds--Performance and Payment

bonds and other instruments of security.

1.9. Change Order--A document recom-

mended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.

1.10. Contract Documents--The Agreement, Addenda (which pertain to the Contract Docu-ments), CONTRACTOR's Bid (including docu-mentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Di-rectives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2. 1.1 and 4.2.2.2 are not Con-tract Documents.

1.11. Contract Price--The moneys payable by

OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Doc-uments as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work).

1.12. Contract Times--The numbers of days

or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to com-plete the Work so that it is ready for final pay-ment as evidenced by ENGINEER's written rec-ommendation of final payment in accordance with paragraph 14.13.

1.13. CONTRACTOR--The person, firm or

corporation with whom OWNER has entered in-to the Agreement.

1.14. Defective--An adjective which when

modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, ref-erence standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection

Mount Wolf Borough 2026 Street Project 00700-3 General Conditions thereof has been assumed by OWNER at Sub-stantial Completion in accordance with para-graph 14.8 or 14.10).

1.15. Drawings--The drawings which show

the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined.

1.16. Effective Date of the Agreement--The

date indicated in the Agreement on which it be-comes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two par-ties to sign and deliver.

1.17. ENGINEER--The person, firm or corpo-

ration named as such in the Agreement.

1.18. ENGINEER's Consultant--A person, firm or corporation having a contract with EN- GINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions.

1.19. Field Order--A written order issued by

ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times.

1.20. General Requirements--Sections of Di-

vision 1 of the Specifications.

1.21. Hazardous Waste--The term Hazardous

Waste shall have the meaning provided in Sec-tion 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

1.22. Laws and Regulations; Laws or Regula-

tions--Any and all applicable laws, rules, regula-tions, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction.

1.23. Liens--Liens, charges, security interests

or encumbrances upon real property or personal property.

1.24. Milestone--A principal event specified

in the Contract Documents relating to an inter-mediate completion date or time prior to Sub-stantial Completion of all the Work.

1.25. Notice of Award--The written notice by

OWNER to the apparent successful bidder stat-ing that upon compliance by the apparent suc-cessful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement.

1.26. Notice to Proceed--A written notice

given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR's obligations under the Contract Documents.

1.27. OWNER--The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be pro-vided.

1.28. Partial Utilization--Use by OWNER of

a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work.

1.29. PCBs--Polychlorinated biphenyls.

1.30. Petroleum--Petroleum, including crude

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

1.31. Project--The total construction of which

the Work to be provided under the Contract Documents may be the whole, or a part as indi-cated elsewhere in the Contract Documents.

1.32. Radioactive Material--Source, special

nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.

1.33. Resident Project Representative--The

authorized representative of ENGINEER who may be assigned to the site or any part thereof.

1.34. Samples--Physical examples of materi-

Mount Wolf Borough 2026 Street Project 00700-4 General Conditions als, equipment, or workmanship that are repre-sentative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

1.35. Shop Drawings--All drawings, dia-

grams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and sub-mitted by CONTRACTOR to illustrate some portion of the Work.

1.36. Specifications--Those portions of the

Contract Documents consisting of written tech-nical descriptions of materials, equipment, con-struction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto.

1.37. Subcontractor--An individual, firm or

corporation having a direct contract with CON- TRACTOR or with any other Subcontractor for the performance of a part of the Work at the site.

1.38. Substantial Completion--The Work (or

a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently com-plete, in accordance with the Contract Docu-ments, so that the Work (or specified part) can be utilized for the purposes for which it is intended;

or if no such certificate is issued, when the Work is complete and ready for final payment as evi-denced by ENGINEER's written recommenda-tion of final payment in accordance with para-graph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof.

1.39. Supplementary Conditions--The part of

the Contract Documents which amends or sup-plements these General Conditions.

1.40. Supplier--A manufacturer, fabricator, supplier, distributor, material man or vendor hav-ing a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor.

1.41. Underground Facilities--All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attach-ments, and any encasements containing such fa-cilities which have been installed underground to furnish any of the following services or materi-als: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water.

1.42. Unit Price Work--Work to be paid for

on the basis of unit prices.

1.43. Work--The entire completed construc-

tion or the various separately identifiable parts thereof required to be furnished under the Con-tract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as re-quired by the Contract Documents.

1.44. Work Change Directive--A written di-

rective to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, or-dering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Con-tract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Con-tract Times as provided in paragraph 10.2.

1.45. Written Amendment--A written amend-

ment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of

Mount Wolf Borough 2026 Street Project 00700-5 General Conditions

ARTICLE 2-PRELIMINARY MATTERS

Delivery of Bonds:

2.1. When CONTRACTOR delivers the ex-

ecuted Agreements to OWNER, CONTRAC- TOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1.

Copies of Documents:

2.2. OWNER shall furnish to CONTRAC-

TOR up to fivecopies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of repro-duction.

Commencement of Contract Times; Notice to Proceed:

2.3. The Contract Times will commence to

run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Pro-ceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier.

Starting the Work:

2.4. CONTRACTOR shall start to perform

the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run.

Before Starting Construction:

2.5. Before undertaking each part of the

Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any

Work affected thereby; however, CONTRAC- TOR shall not be liable to OWNER or ENGI- NEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Docu-ments, unless CONTRACTOR knew or reasona-bly should have known thereof.

2.6. Within ten days after the Effective Date

of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review:

2.6.1. A preliminary progress schedule

indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones speci-fied in the Contract Documents;

2.6.2. A preliminary schedule of Shop

Drawing and Sample submittals which will list each required submittal and the times for sub-mitting, reviewing and processing such sub-mittal;

2.6.3. A preliminary schedule of values

for all of the Work which will include quanti-ties and prices of items aggregating the Con-tract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during con-struction. Such prices will include an appro-priate amount of overhead and profit applica-ble to each item of Work.

2.7. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional in-sured identified in the Supplementary Condi-tions, certificates of insurance (and other evi-dence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respective-ly are required to purchase and maintain in ac-cordance with paragraphs 5.4, 5.6 and 5.7.

Preconstruction Conference:

2.8. Within twenty days after the Contract

Times start to run, but before any Work at the site is started, a conference attended by CON- TRACTOR, ENGINEER and others as appropri-ate will be held to establish a working under-standing among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for

Mount Wolf Borough 2026 Street Project 00700-6 General Conditions

Payment and maintaining required records.

Initially Acceptable Schedules:

2.9. Unless otherwise provided in the Con-

tract Documents, at least ten days before submis-sion of the first Application for Payment a con-ference attended by CONTRACTOR, ENGI- NEER and others as appropriate will be held to review for acceptability to ENGINEER as pro-vided below the schedules submitted in accord-ance with paragraph 2.6. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an order-ly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequenc-ing, scheduling or progress of the Work nor in-terfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor.

CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange-ment for reviewing and processing the required submittals. CONTRACTOR's schedule of val-ues will be acceptable to ENGINEER as to form and substance.

ARTICLE 3-CONTRACT DOCUMENTS: IN-

TENT, AMENDING, REUSE

Intent:

3.1. The Contract Documents comprise the

entire agreement between OWNER and CON- TRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all.

The Contract Documents will be construed in accordance with the law of the place of the Pro-ject.

3.2. It is the intent of the Contract Docu-

ments to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, mate-rials or equipment that may reasonably be in-ferred from the Contract Documents or from prevailing custom or trade usage as being re-quired to produce the intended result will be fur-nished and performed whether or not specifically called for. When words or phrases which have a well known technical or construction industry or trade meaning are used to describe Work, mate-rials or equipment, such words or phrases shall be interpreted in accordance with that meaning.

Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4.

3.3. Reference to Standards and Specifica-

tions of Technical Societies; Reporting and Resolving Discrepancies:

3.3.1. Reference to standards, specifica-

tions, manuals or codes of any technical socie-ty, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by im-plication, shall mean the latest standard, speci-fication, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

3.3.2. If, during the performance of the

Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specifica-tion, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by par-agraph 6.23) until an amendment or supple-ment to the Contract Documents has been is-sued by one of the methods indicated in para-graph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWN- ER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof.

3.3.3. Except as otherwise specifically

stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in par-agraph 3.5 or 3.6, the provisions of the Con-tract Documents shall take precedence in re-

Mount Wolf Borough 2026 Street Project 00700-7 General Conditions solving any conflict, error, ambiguity or dis-crepancy between the provisions of the Con-tract Documents and:

3.3.3.1. The provisions of any such

standard, specification, manual, code or in-struction (whether or not specifically incor-porated by reference in the Contract Docu-ments); or

3.3.3.2. The provisions of any such Laws

or Regulations applicable to the perfor-mance of the Work (unless such an interpre-tation of the provisions of the Contract Doc-uments would result in violation of such Law or Regulation).

No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWN- ER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents, or em-ployees from those set forth in the Contract Doc-uments, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authori-ty to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents.

3.4. Whenever in the Contract Documents

the terms "as ordered," "as directed," "as re-quired," "as allowed," "as approved" or terms of like effect or import are used, or “the approved" or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used to describe a require-ment, direction, review or judgment of ENGI- NEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjec-tive shall not be effective to assign to ENGI- NEER any duty or authority to supervise or di-rect the furnishing or performance of the Work or any duty or authority to undertake responsibil-ity contrary to the provisions of paragraph 9.13 or any other provision of the Contract Docu-ments.

Amending and Supplementing Contract Docu-ments:

3.5. The Contract Documents may be

amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the follow-ing ways:

3.5.1. A formal Written Amendment,

3.5.2. A Change Order (pursuant to para-

graph 10.4), or

3.5.3. A Work Change Directive (pursu-

ant to paragraph 10.1).

3.6. In addition, the requirements of the

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

3.6.1. A Field Order (pursuant to para-

graph 9.5),

3.6.2. ENGINEER's approval of a Shop

Drawing or Sample (pursuant to paragraphs

6.26 and 6.27), or

3.6.3. ENGINEER's written interpretation

or clarification (pursuant to paragraph 9.4).

Reuse of Documents:

3.7. CONTRACTOR, and any Subcontrac-

tor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or owner-ship rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other doc-uments or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER.

Mount Wolf Borough 2026 Street Project 00700-8 General Conditions

ARTICLE 4-AVAILABILITY OF LANDS;

SUBSURFACE AND PHYSICAL

CONDITIONS; REFERENCE

POINTS

Availability of Lands:

4.1. OWNER shall furnish, as indicated in

the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CON- TRACTOR. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CON- TRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents.

If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12.

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

4.2. Subsurface and Physical Conditions:

4.2.1. Reports and Drawings: Reference

is made to the Supplementary Conditions for identification of:

4.2.1.1. Subsurface Conditions: Those

reports of explorations and tests of subsur-face conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and

4.2.1.2. Physical Conditions: Those

drawings of physical conditions in or relat-ing to existing surface or subsurface struc-tures at or contiguous to the site (except Un-derground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents.

4.2.2. Limited Reliance by CONTRACTOR

Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical da-ta" is identified in the Supplementary Condi-tions. Except for such reliance on such "tech-nical data," CONTRACTOR may not rely up-on or make any claim against OWNER, EN- GINEER or any of ENGINEER's Consultants with respect to:

4.2.2.1. The completeness of such reports

and drawings for CONTRACTOR's purpos-es, including, but not limited to, any aspects of the means, methods, techniques, sequenc-es and procedures of construction to be em-ployed by CONTRACTOR and safety pre-cautions and programs incident thereto, or

4.2.2.2. Other data, interpretations, opin-

ions and information contained in such re-ports or shown or indicated in such draw-ings, or

4.2.2.3. Any CONTRACTOR interpreta-

tion of or conclusion drawn from any "tech-nical data" or any such data, interpretations, opinions or information.

4.2.3. Notice of Differing Subsurface or

Physical Conditions: If CONTRACTOR believes that any subsurface or physical condi-tion at or contiguous to the site that is uncov-ered or revealed either:

4.2.3.1. Is of such a nature as to establish

that any "technical data" on which CON- TRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially in-accurate, or

4.2.3.2. Is of such a nature as to require a

change in the Contract Documents, or

4.2.3.3. Differs materially from that

shown or indicated in the Contract Docu-ments, or

4.2.3.4. Is of an unusual nature, and dif-

Mount Wolf Borough 2026 Street Project 00700-9 General Conditions fers materially from conditions ordinarily encountered and generally recognized as in-herent in work of the character provided for in the Contract Documents; then

CONTRACTOR shall, promptly after becoming aware thereof an before further disturbing condi-tions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition.

CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so.

4.2.4. ENGINEER's Review: ENGI-

NEER will promptly review the pertinent conditions, determine the necessity of OWN- ER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions.

4.2.5. Possible Contract Documents

Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to re-flect and document the consequences of such change.

4.2.6. Possible Price and Times Ad-

justments: An equitable adjustment in the Con-tract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition caus-es an increase or decrease in CONTRAC- TOR's cost of, or time required for perfor-mance of, the Work; subject, however, to the following:

4.2.6.1 Such condition must meet any

one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclu-sive;

4.2.6.2. A change in the Contract Docu-

ments pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a con-dition precedent to entitlement to any such adjustment;

4.2.6.3. With respect to Work that is paid

for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provi-sions of paragraphs 9.10 and 11.9; and

4.2.6.4. CONTRACTOR shall not be en-

titled to any adjustment in the Contract Price or Time if;

4.2.6.4.1. CONTRACTOR knew of

the existence of such conditions at the time CONTRACTOR made a final com-mitment to OWNER in respect of Con-tract Price and Contract Times by the submission of a bid or becoming bond un-der a negotiated contract; or

4.2.6.4.2. The existence of such condi-

tion could reasonably have been discov-ered or revealed as a result of any exami-nation, investigation, exploration, test or study of the site and contiguous areas re-quired by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CON- TRACTOR's making such final commit-ment; or

4.2.6.4.3. CONTRACTOR failed to

give the written notice within the time and as required by paragraph 4.2.3.

If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and

12. However, OWNER, ENGINEER and EN- GINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project.

4.3. Physical Conditions-Underground Fa-

cilities:

4.3.1. Shown or Indicated: The information-

nation and data shown or indicated in the Con-tract Documents with respect to existing Un-derground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Un-less it is otherwise expressly provided in the Supplementary Conditions:

Mount Wolf Borough 2026 Street Project 00700-10 General Conditions

4.3.1.1. OWNER and ENGINEER

shall not be responsible for the accuracy or completeness of any such information or da-ta; and

4.3.1.2. The cost of all of the following

will be included in the Contract Price and CONTRACTOR shall have full responsibil-ity for: (i) reviewing and checking all such information and data, (ii) locating all Un-derground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Under-ground Facilities during construction, and

(iv) the safety and protection of all such Un-derground Facilities as provided in para-graph 6.20 and repairing any damage thereto resulting from the Work.

4.3.2. Not Shown or Indicated: If an Un-

derground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly after becom-ing aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Fa-cility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CON- TRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are at-tributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have antici-pated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CON-

TRACTOR may make a claim therefor as pro-vided in Articles 11 and 12. However, OWN- ER, ENGINEER and ENGINEER's Consult-ants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in con-nection with any other project or anticipated project.

Reference Points:

4.4. OWNER shall provide engineering sur-

veys to establish reference points for construc-tion which in ENGINEER's judgment are neces-sary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and pre-serve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any refer-ence point is lost or destroyed or requires reloca-tion because of necessary changes in grades or locations, and shall be responsible for the accu-rate replacement or relocation of such reference points by professionally qualified personnel.

4.5. Asbestos, PCBS, Petroleum, Hazard-

ous Waste or Radioactive Material:

4.5.1. OWNER shall be responsible for

any Asbestos, PCBS, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be re-sponsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Sup-pliers or anyone else for whom CONTRAC- TOR is responsible.

4.5.2. CONTRACTOR shall immediate-

ly: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the ne-cessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR

Mount Wolf Borough 2026 Street Project 00700-11 General Conditions shall not be required to resume Work in con-nection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special writ-ten notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) speci-fying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitle-ment to or the amount or extent of an adjust-ment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed, ei-ther party may make a claim therefor as pro-vided in Articles 11 and 12.

4.5.3. If after receipt of such special writ-

ten notice CONTRACTOR does not agree to resume such Work based on a reasonable be-lief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous con-dition or in such affected area to be deleted from the Work. If OWNER and CONTRAC- TOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles II and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7.

4.5.4. To the fullest extent permitted by

Laws and Regulations, OWNER shall indem-nify and hold harmless CONTRACTOR, Sub-contractors, ENGINEER, ENGINEER's Con-sultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sick-ness, disease or death, or to injury to or de-struction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subpara-graph 4.5.4 shall obligate OWNER to indem-nify any person or entity from and against the consequences of that person's or entity's own negligence.

4.5.5. The provisions of paragraphs 4.2

and 4.3 are not intended to apply to Asbestos, PCBS, Petroleum, Hazardous Waste or Radio-active Material uncovered or revealed at the site.

ARTICLE 5-BONDS AND INSURANCE

Performance, Payment and Other Bonds:

5.1. CONTRACTOR shall furnish Perfor-

mance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Con-tract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Con-tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu-ments except as provided otherwise by Laws or Regulations, and shall be executed by such sure-ties as are named in the current list of "Compa-nies Holding Certificates of Authority as Ac-ceptable Sureties on Federal Bonds and as Ac-ceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Fi-nancial Management Service, Surety Bond Branch, U.S. Treasury Department. (Phone 202- 874-6850). All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act.

5.2. If the surety on any Bond furnished by

CONTRACTOR is declared a bankrupt or be-comes insolvent or its right to do business is terminated in any state where any part of the Pro-ject is located or it ceases to meet the require-ments of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be accepta-ble to OWNER.

5.3. Licensed Sureties and Insurers; Certifi-

cates of Insurance:

5.3.1. All Bonds and insurance required

by the Contract Documents to be purchased and maintained by OWNER or CONTRAC- TOR shall be obtained from surety or insur-

Mount Wolf Borough 2026 Street Project 00700-12 General Conditions ance companies that are duly licensed or au-thorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifi-cations as may be provided in the Supplemen-tary Conditions.

5.3.2. CONTRACTOR shall deliver to

OWNER, with copies to each additional in-sured identified in the Supplementary Condi-tions, certificates of insurance (and other evi-dence of insurance requested by OWNER or any other additional insured) which CON- TRACTOR is required to purchase and main-tain in accordance with paragraph 5.4. OWN- ER shall deliver to CONTRACTOR, with cop-ies to each additional insured identified in the Supplementary Conditions, certificates of in-surance (and other evidence of insurance re-quested by CONTRACTOR or any other addi-tional insured) which OWNER is required to purchase and maintain in accordance with par-agraphs 5.6 and 5.7 hereof.

CONTRACTOR's Liability Insurance:

5.4. CONTRACTOR shall purchase and

maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:

5.4.1. Claims under workers' compensa-

tion, disability benefits and other similar em-ployee benefit acts;

5.4.2. Claims for damages because of

bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees;

5.4.3. Claims for damages because of

bodily injury, sickness or disease, or death of any person other than CONTRACTOR's em-ployees;

5.4.4. Claims for damages insured by cus-

tomary personal injury liability coverage which are sustained: (i) by any person as a re-sult of an offense directly or indirectly related to the employment of such person by CON- TRACTOR, or (ii) by any other person for any other reason;

5.4.5. Claims for damages, other than to

the Work itself, because of injury to or de-struction of tangible property wherever locat-ed, including loss of use resulting therefrom;

and

5.4.6. Claims for damages because of

bodily injury or death of any person or proper-ty damage arising out of the ownership, maintenance or use of any motor vehicle.

The policies of insurance so required by this par-agraph 5.4 to be purchased and maintained shall:

5.4.7. With respect to insurance required

by paragraphs 5.4.3 Through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGI- NEER's Consultants and any other persons or entities identified in the Supplementary Condi-tions, all of whom shall be listed as additional insureds, and include coverage for the respec-tive officers and employees of all such addi-tional insureds;

5.4.8. Include the specific coverages and

be written for not less than the limits of liabil-ity provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater;

5.4.9. Include completed operations in-

surance;

5.4.10. Include contractual liability insur-

ance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and

6.31 through 6.33;

5.4.11. Contain a provision or endorsement

that the coverage afforded will not be can-celed, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRAC- TOR and to each other additional insured iden-tified in the Supplementary Conditions to whom a certificate of insurance has been is-

Mount Wolf Borough 2026 Street Project 00700-13 General Conditions sued (and the certificates of insurance fur-nished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide);

5.4.12. Remain in effect at least until final

payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and

5.4.13. With respect to completed opera-

tions insurance, and any insurance coverage written on a claims-made basis, remain in ef-fect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a cer-tificate of insurance has been issued evidence satisfactory to OWNER and any such addi-tional insured of continuation of such insur-ance at final payment and one year thereafter).

OWNER's Liability Insurance:

5.5. In addition to the insurance required to

be provided by CONTRACTOR under para-graph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents.

Property Insurance:

5.6. Unless otherwise provided in the Sup-

plementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site in the amount of, the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Condi-tions or required by Laws and Regulations).

This insurance shall:

5.6.1. Include the interests of OWNER, CONTRACTOR, Subcontractors, ENGI- NEER, ENGINEER's Consultants and any other persons or entities identified in the Sup-plementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured;

5.6.2 Be written on a Builder's Risk "all-

risk" or open peril or special causes of loss policy form that shall at least include insur-ance for physical loss or damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the fol-lowing perils: fire, lightning, extended cover-age, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demoli-tion occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions;

5.6.3 Include expenses incurred in the

repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects);

5.6.4. Cover materials and equipment

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

5.6.5. Be maintained in effect until final

payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a certif-icate of insurance has been issued.

5.7. OWNER shall purchase and maintain

such boiler and machinery insurance or addition-al property insurance as may be required by the Supplementary Conditions or Laws and Regula-tions which will include the interests of OWN- ER, CONTRACTOR, Subcontractors, ENGI- NEER, ENGINEER's Consultants and any other persons or entities identified in the Supplemen-tary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured.

5.8. All the policies of insurance (and the

certificates or other evidence thereof) required to be purchased and maintained by OWNER in ac-cordance with paragraphs 5.6 and 5.7 will con-tain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insur-ance has been issued and will contain waiver provisions in accordance with paragraph 5.11.

5.9. OWNER shall not be responsible for

purchasing and maintaining any property insur-

Mount Wolf Borough 2026 Street Project 00700-14 General Conditions ance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the ex-tent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense.

5.10. If CONTRACTOR requests in writing

that other special insurance be included in the property insurance policies provided under para-graphs 5.6 or 5.7, OWNER shall, if possible, in-clude such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by

OWNER.

5.11. Waiver of Rights:

5.11.1. OWNER and CONTRACTOR in-

tend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as in-sureds or additional insureds in such policies and will provide primary coverage for all loss-es and damages caused by the perils covered thereby.