widmerengineering.com · TABLE OF CONTENTS Advertisement for Bids...

NOTTINGHAM TOWNSHIP

BEAGLE CLUB ROAD SLIDE REPAIR PROJECT

NOTTINGHAM TOWNSHIP. WASHINGTON COUNTY, PA

JUNE 2020

WIDMER ENGINEERING INC.

61 EAST WHEELING STREET

Washington, PA 15301

(724) 228-1550 FAX (724) 228-7057

TABLE OF CONTENTS

Advertisement for Bids ............................................................................................................... A-1

Instructions to Bidders ..................................................................................................... B-1 to B-4

Form of Proposal.............................................................................................................. C-1 to C-5

Non Collusion Affidavit of Prime Bidder .................................................................................... E-1

Non Collusion Affidavit of Sub-Contractor ................................................................................ F-1

Bid Bond .......................................................................................................................... G-1 to G-2

Statement of Bidder’s Qualifications ............................................................................... H-1 to H-3

Notice of Award ....................................................................................................................... NA-1

Notice to Proceed ...................................................................................................................... NP-1

Agreement .................................................................................................................. AG-1 to AG-3

No Lien Agreement...................................................................................................................... L-1

General Instructions for Bonds ................................................................................................... M-1

Performance Bond ............................................................................................................ N1 to N-2

Payment Bond .................................................................................................................. O-1 to O-3

Maintenance Bond ........................................................................................................... P-1 to P-2

Affidavit Re: Workmen’s Compensation .................................................................................. Q-1

Affidavit Re: Non Discrimination Affidavit of Prime Bidder ........................................ R-1 to R-2

Certification of Non-Segregated Facilities………………………………………..CNF-1 – CNF-2

Public Works Employment Verification Form…………………………………………..…PWE-1

Application and Certificate for Payment .......................................................................... U-1 – U-2

Certificate of Substantial Completion ..................................................................................... CSC-1

Contract Change Order ............................................................................................................... V-1

General Conditions ......................................................................................................... X-1to X-50

Special Conditions……………………………………………………………………………SC-1

Prevailing Wage Determination

Technical Specifications

Design Drawing

A-1

ADVERTISEMENT FOR BIDS

NOTTINGHAM TOWNSHIP

BEAGLE CLUB ROAD SLIDE REPAIR PROJECT

Sealed proposals for the Nottingham Township – Beagle Club Road Slide Repair Project

will be received by Nottingham Township, Attn: Emilie Gadd, Municipal Secretary, 909 Sugar Run Road,

Eighty Four, PA 15330, until 12:00 noon, local prevailing time, on Monday July 20, 2020 for furnishing

labor, materials, and performing all work set forth in the advertisement, general conditions, drawings, and

specifications for the Beagle Club Road Slide Repair Project.

Plans, specifications and bid documents are available only via download from the Widmer

Engineering website at https://widmerengineering.com under “Bids”. Proposals must be on the forms

provided by the Engineer. Each proposal shall be accompanied by either a certified check or Surety

Company bid bond payable to Nottingham Township in the amount of not less than ten (10%) of the

contract amount. Upon successful award of the contract, a 100% Performance Bond and 100% Payment

Bond shall be required. Contractors shall comply with all current State and Township COVID-19 safety

guidelines during construction.

Bids, whether mailed or delivered in person, shall be sealed and clearly marked “Beagle Club

Road Slide Repair Project” and addressed to Nottingham Township, Attn: Emilie Gadd, Municipal

Secretary, 909 Sugar Run Road, Eighty Four, PA 15330.

A non-mandatory pre-bid meeting will be held at 10:00 A.M., local prevailing time, on

Thursday July 9, 2020 at the site along Beagle Club Road approximately 0.5 mile from the

intersection of Beagle Club Road and Little Mingo Road in Nottingham Township, Washington

County, PA.

The successful bidder must carry insurance with financially responsible insurance companies

licensed in the Commonwealth of Pennsylvania and approved by Nottingham Township and shall be kept

in force until the successful bidder’s work is accepted by Nottingham Township. Contracts of insurance

which expire before Nottingham Township accepts the successful bidder’s work shall be renewed and

evidence of such renewal shall be submitted to Nottingham Township for approval.

The Township reserves the right to reject any or all bids or any portion thereof, or to waive any

informalities in the bids. Pennsylvania Prevailing Wage Rates will apply to this project. Bids may be held

by the Township for a period of sixty (60) days from the date of the opening of the bids for the purpose of

reviewing bids and investigating the qualifications of bidders prior to awarding the Contract.

NOTTINGHAM TOWNSHIP SUPERVISORS

Advertising Dates:

Friday June 26, 2020

Monday June 29, 2020

B-1

INSTRUCTIONS TO BIDDERS

1. Scope of Work

Bidders are invited to submit itemized price proposals for furnishing all work shown on the

Drawings and described in the Specifications for the following project: Nottingham Township – Beagle Club Road Slide Repair Project.

2. Bid and Contracts

a. Bids must be sealed and addressed to:

Nottingham Township

Attn: Emilie Gadd

909 Sugar Run Road

Eighty Four, PA 15330

Bids must be received by 12:00 noon, local prevailing time, on Monday July 20,

2020.

Identify on the envelope the project for which the bid is being submitted (Beagle

Club Road Slide Repair Project). Each bid must be submitted on the forms furnished to the bidders. Bids submitted after the bid closing time will not be accepted.

b. Contracts: The successful bidder will be required to execute the contract for

construction and return the contract accompanied by the Performance Bond, Payment Bond, Maintenance Bond, and Insurance Certificates herein described, within ten (10) calendar days after the documents are presented to him.

c. Corrections: Erasures or other changes in the bid must be explained or noted over the

signature of bidder. d. Withdrawal of Bids: Bids may be withdrawn on written or telegraphic requests

received from bidder prior to the time fixed for opening. A bidder may also withdraw his bid providing he does so according to Pennsylvania law.

3. Bid Security

A bid security in an amount equal to at least ten percent (10%) of the bid shall be submitted

with each bid. This shall be in the form of a certified check, or bid bond with good and sufficient surety. The payee in any instance shall be:

Nottingham Township

Bid securities will be returned to all except the three (3) lowest bidders for the contract

immediately after the bid opening and the remaining bid securities will be returned when the executed contract is delivered to the successful bidder.

B-2

4. Investigation of Conditions and Errors in Bid

a. It is recommended that the bidder visit the site and acquaint themselves with all

available information concerning the condition of the site, the availability of labor, and the local conditions having a bearing on the transporting, handling, and storing of materials and equipment.

b. Bidders or their authorized agents are expected to examine the drawings,

specifications, schedules, and all other instructions pertaining to the work which are supplied with this project.

c. Failure to acquaint himself with all available information concerning the existing

conditions will not relieve the successful bidder of the responsibility for estimating the difficulties. Completion of the work consists of successfully performing the work as required, and he cannot secure relief on the pleas of error in his bid.

d. Nottingham Township hereinafter referred to as the Owner, reserves the right to

waive minor irregularities or minor errors in any proposal, if it appears to the Owner that such irregularities or errors were made through inadvertence. Any such irregularities or errors so waived must be corrected on the proposal in which they occur prior to the execution of any contract which may be awarded thereon.

5. Method of Award or Rejection of Bids

a. If bids received are determined by the Owner to be satisfactory, contracts will be

awarded to the lowest responsible bidders within sixty (60) days after the date of opening proposals.

b. The contract will be awarded to the lowest responsible bid conforming to the contract

documents, whichever is most advantageous to the Owner, price and other factors considered.

c. Should such successful bidders fail or refuse to execute a contract and to furnish

satisfactory contract security within ten (10) days after a written notification of the award of the contract by the Owner, the bidder shall be considered to have abandoned the proposal and the amount of the certified check or other security delivered with the proposal shall thereupon be due and owing to the Owner as liquidated damages for such failure or refusal and the Owner may thereupon award the contract to any other bidder. The term "successful bidder" shall be deemed to include any bidder whose proposal is accepted after another bidder has previously refused or been unable to execute the contract or to furnish satisfactory contract security.

d. The Owner reserves the right to accept or reject any or all proposals as may be

deemed in the best interest of the Owner. 6. Time of Performance

Work shall commence within ten (10) calendar days after the date of the Notice to Proceed

B-3

and the contractor shall fully complete all the work within ONE HUNDRED (100)

consecutive calendar days after the date of the Notice to Proceed. 7. Federal Occupational Safety and Health Act and all other Acts and Regulations

The bidders' attention is called to compliance with the Federal Occupational Safety and

Health Act of 1970. 8. Equal Employment Opportunity

Attention of bidders is particularly called to the requirement for ensuring the employees and applicants for employment are not discriminated against because of their race, creed, color or national origin.

9. Wages and Salaries

Attention of Bidders is particularly called to the requirements concerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents for any bid in excess of $25,000.00 and the completion of employment with respect to certain categories and classifications of employees.

10. Permits

It shall be the responsibility of the contractor to abide by all permits issued for this contract.

11. Subcontracts

The bidder is specifically advised that any person, firm, or other party to whom it is

proposed to award a subcontract under this contract must be acceptable to the Owner. 12. Guarantees

The following guarantees shall be required. a. A Performance Bond with good and sufficient surety or sureties for the protection of

the Owner shall be executed in a penal amount of one hundred percent (100%) of the contract price.

b. A Payment Bond with good and sufficient surety or sureties for the protection of

persons furnishing material and labor of the work shall be executed in a penal amount of one hundred percent (100%) of the contract price.

b. A Maintenance Bond with good and sufficient surety or sureties in a penal amount of

one hundred percent (100%) of the contract price shall guarantee against defective or inferior materials or workmanship which may develop during the period of two (2) years from the date of the completion and acceptance of work performed under each contract.

B-4

13. Approximate Estimate of Quantities

The Bidder's attention is directed to the fact that, in contracts based on unit prices, the

estimate of quantities of work to be done and materials to be furnished is approximate and is given only as a basis of calculation upon which to determine the lowest bidder. The Owner does not assume any responsibility that the quantities shall be obtained in the construction of the Project, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities, or of the character of the work or location, or other conditions pertaining thereto. The Owner reserves the right to increase or diminish any or all of the above mentioned quantities of work or to omit any of them, as it may deem necessary and such increase or decrease of the quantities given for any of the items shall not be considered as sufficient grounds for granting an increase in the unit prices bid.

14. Pre-Bid Meeting

A non-mandatory pre-bid meeting will be held at 10:00 A.M., local prevailing time, on Thursday July 9, 2020 at the site along Beagle Club Road approximately 0.5 mile from the intersection of Beagle Club Road and Little Mingo Road in Nottingham Township, Washington County, PA.

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E-1

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

State of ______________________

SS:

County of _____________________

_________________________________________ being first duly sworn according to law, deposes and

says as follows:

(1) He is _________________________ of ___________________________________, the

bidder that has submitted the attached bid;

(2) He is fully informed respecting the preparation and contents of the attached bid and of all

pertinent circumstances respecting such bid;

(3) Such bid is genuine and is not a collusive or sham bid;

(4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives,

employees or parties in interest, including this affiant, has in any way colluded, conspired,

connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a

collusive or sham bid in connection with the contract for which the attached bid has been

submitted or to refrain from bidding in connection with such contract, or has in any manner,

directly or indirectly, sought by agreement or collusion or communication or conference

with any other bidder, firm or person to fix the price or prices in the attached bid or of any

other bidder, or, to fix any overhead profit or cost element of the bid price of the bid price of

any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful

agreement, any advantage against the Owner, or any person interested in the proposed

contract; and

(5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any

collusion, conspiracy, connivance or unlawful agreement on the part of the bidder of any of

its agents, representatives, owners, employees, or parties in interest, including this affiant.

(Signed)________________________________

By:____________________________________

Title:___________________________________

Sworn to and subscribed before me this _________________ day of ________________________, 20___.

______________________________

Notary Public

My commission expires:_______________________

F-1

NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR

State of ______________________

SS:

County of _____________________

_________________________________________ being first duly sworn according to law, deposes and

says that:

(1) He is (Owner, partner, officer, representative, or agent of _________________________

hereinafter referred to as the “Subcontractor”;

(2) He is fully informed respecting the preparation and contents of the Subcontractor’s Proposal

submitted the subcontractor to ____________________, the Contractor for certain work in

connection with the _______________________ Contract pertaining to the Project in

_______________________ (City or County and State).

(3) Such subcontractor’s proposal is genuine and is not a collusive or sham proposal;

(4) Neither the subcontractor nor any of its officers, partners, owners, agents, representatives,

employees or parties in interest, including this affiant, has in any way colluded, conspired,

connived, or agreed, directly or indirectly, with any other bidder, firm or person to fix the

price or prices in said subcontractor’s Proposal, or to secure through collusion, conspiracy

connivance, or unlawful agreement any advantage against the Owner or any person

interested in the proposed contract; and

(5) The price or prices quoted in the subcontractor’s proposal are fair and proper and are not

tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the

bidder of any of its agents, representatives, owners, employees, or parties in interest,

including this affiant.

(Signed)______________________________

By:__________________________________

Title:________________________________

Sworn to and subscribed before me this _________________ day of ________________________, 20_.

(Signed)____________________________________

Title:____________________________________

My Commission Expires:_______________________

G-1

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, ___________________________

_____________________________________________________________________________

as Principal, and _______________________________________________________________

_______________________________________, as Surety are held and firmly bound unto the

NOTTINGHAM TOWNSHIP

(hereinafter called the Owner), in the sum of ___________________________________________

________________________ Dollars ($_____________) lawful money of the United States, for

the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,

administrators and successors, jointly and severally firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has

submitted the accompanying bid, dated ________________, 201__ for:

NOTTINGHAM TOWNSHIP

Beagle Club Road Slide Repair Project

NOW THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified, within sixty (60) days after said opening, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Owner in accordance with the bid accepted, and give bond with good and sufficient surety, as may be required, for the faithful performance and proper fulfillment of such contract, or in the event of the withdrawal of said bid within the period specified, or the failure to enter such contract and give such bond within the time specified, if the Principal or his Surety shall pay the Owner ten percent (10%) of the amount specified in said bid as liquidated damages, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this ____________________ day of ___________________, 20__, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

G-2

IN PRESENCE OF: _________________________ ___________________________________(SEAL) (Individual Principal) _________________________ ___________________________________ (Address) (Business Address) _________________________ ___________________________________(SEAL) (Individual Principal) _________________________ ___________________________________ (Address) (Business Address) ATTEST: ___________________________________ (Corporate Principal) ___________________________________ (Business Address) _________________________ By: ________________________________ (AFFIX CORPORATE SEAL) ___________________________________ (Corporate Surety) WITNESS: _________________________ ___________________________________ (Corporate Surety) ___________________________________ (Business Address) (Power-of-Attorney) for person signing for surety company must be attached to bond.

H-1

STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder. 2. Permanent main office address, telephone number and facsimile number.

3. When organized___________________

4. If a corporation, where incorporated.

5. How many years have you been engaged in the contracting business under your present firm

or trade name?

6. Contracts on hand: (Schedule these, showing amount of each contract, amount completed and the appropriate anticipated dates of completion).

7. General character or work performed by your company.

8. Have you ever failed to complete any work awarded to you? If so, where and why?

9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the

approximate cost for each, and the month and year completed. List a reference and a phone number for each project.

H-2

11. List your major equipment available for this contract.

12. Experience in construction work similar in importance to this project.

13. Background and experience of the principal members of your organization, including the

officers.

14. Credit Available: $ . 15. Give bank reference: . 16. Will you, upon request, fill out a detailed financial statement and furnish any other

information that may be required by the Owner?

17. Federal IRS Employer Identification Number . 18. Have you been involved in any litigation or bond claims in the last five years:_________ If Yes: Case Name:______________________________________ Case Number & Court:_____________________________ Status: _________________________________________ Details if any:________________________________________________________

H-3

19. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recitals comprising this statement of Bidder's Qualifications.

Dated at this day of , 20 . (Name of Bidder) By: Title:

NA-1

NOTICE OF AWARD TO___________________________________________________________________________ (CONTRACTOR) ______________________________________________________________________________ (ADDRESS) Gentlemen: It appears that you are the low bidder on the Contract for the Beagle Club Road Slide Repair

Project. Pursuant to the Specifications under which your Proposal was submitted, you are hereby notified that Nottingham Township (Owner) represented by the undersigned hereby awards a Contract to you for the aforesaid work. The Contract Price is computed to be $_______________________, on the basis of the acceptance of your Proposal. Enclosed herewith are copies of all required Contract Documents to be executed by the Contracting Party within ten (10) days of receipt of this Notice of Award. If you fail to execute and deliver the Contract Documents within the time specified, you shall forfeit your bid bond to the Owner. Date this ____________________ day of _________________, 20______. BY:_________________________________ TITLE:______________________________

ACCEPTANCE NOTICE:

Receipt of the above Notice of Award is hereby acknowledged: DATE:__________________________________ BY:_____________________________________ TITLE:__________________________________

NP-1

NOTICE TO PROCEED TO:_______________________________ DATE:______________________________ _______________________________ PROJECT:___________________________ _______________________________ ____________________________________ _______________________________ ____________________________________ You are hereby notified to commence WORK in accordance with the Agreement dated

________________________, 20____, on or before _________________, 20______, and you are

to complete the WORK within ONE HUNDRED (100) consecutive calendar days from the date of

the Notice to Proceed.

NOTTINGHAM TOWNSHIP:

BY:_______________________________________ TITLE:____________________________________ CONTRACTOR ACKNOWLEDGEMENT:

Receipt of the above NOTICE TO PROCEED is hereby acknowledged by ___________________________________, This the ________________________day of_________________________, 20_____ BY:____________________________________ TITLE:_________________________________

AG-1

AGREEMENT

THIS AGREEMENT, made this __________ day of____________, 20__, by and between the Nottingham Township, hereinafter referred to as the "OWNER", a Municipal Township/ Borough under the Commonwealth of Pennsylvania, and ________________________________ (A Corporation existing under the laws of the State of _______________) (A Partnership consisting of _____________________)(A Individual trading as ______________________________________________) located in _________________ the State of _____________________ hereinafter referred to as the "CONTRACTOR". WITNESSETH, that the parties hereto mutually agree as follows: ARTICLE 1 - CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, Condition of the Contract (General and Special), Drawings, Specifications, all Addenda issued prior to execution of this Agreement, and all Modifications issued subsequent thereto. These form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 8. ARTICLE 2 - THE WORK

The Contractor shall perform all the work required by the Contract Documents for: Nottingham Township – Beagle Club Road Slide Repair Project

ARTICLE 3 - THE ENGINEER The Engineer for this project is: WIDMER ENGINEERING INC.

61 E. Wheeling Street

Washington, PA 15301

(724) 228-1550

FAX (724) 228-7057

ARTICLE 4 - CONTRACT SUM

The Owner shall pay the Contractor for the performance of the work included under this Contract subject to additions and deductions provided herein, in current funds, as follows: The aggregate for the amounts determined by applying the lump sum prices submitted on the proposal to the actual quantities, the estimated amount being_______________________________ __________________________________________________________($__________________). ARTICLE 5 - TIME OF COMMENCEMENT AND COMPLETION

The work to be performed under this Contract shall commence within ten (10) calendar days after the date of Notice to Proceed and be completed within ONE HUNDRED (100) consecutive calendar days of the date of the Notice to Proceed.

AG-2

ARTICLE 6 - PROGRESS PAYMENTS

Based upon application for payment submitted to the Engineer by the Contractor and payment estimates issued by the Engineer, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided in the conditions of the Contract as follows: On or about the first day of each month, ninety percent (90%) of the proportion of the Contract Sum properly allocated to labor, materials, and equipment incorporated in the work and ninety percent (90%) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing by the parties, less the aggregate of previous payment in each case; and upon substantial completion of the entire work, a sum sufficient to increase the total payments to ninety percent (90%) of the Contract Sum, less incomplete work and unsettled claims. ARTICLE 7 - FINAL PAYMENT

Upon the completion of all work required by the Contract and upon complete vegetation, the Engineer shall submit a Project Completion Certificate with the Owner. Within thirty (30) days after filing of such Certificates and a final payment estimate issued by the Engineer, the Owner shall pay to the Contractor the full Contract Sum, less all prior payments. All prior payments including those related to Change Orders shall be subject to correction by the final payment. ARTICLE 8 - MISCELLANEOUS PROVISION

8.1 Terms used in this Agreement which are defined in the General Conditions of the

Contract shall have the meanings designated in those General Conditions. 8.2 The Contract Documents, which constitute the entire Agreement between the

Owner and the Contractor, except for Modifications issued after execution of this Agreement, are enumerated as follows:

Advertisement for Bids No-Lien Agreement Instructions to Bidder General Instructions for Bonds Form of Proposal Performance Bond Statement of Bidder’s Qualifications Payment Bond Non-Collusion Affidavit Maintenance Bond of Prime Bidder and Subcontractor Affidavit Re: Workman’s Compensation Bid Bond Affidavit Re: Non Discrimination Affidavit of Prime Bidder Notice of Award Certificate of Insurance Agreement Notice to Proceed Public Works Employment Application and Certificate for Payment Verification Form Contract Change Order Certification of Non-Segregated General Conditions Facilities Special Conditions Certification of Substantial Design Drawings Completion Prevailing Wage Determination Technical Specifications

AG-3

IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) duplicate counterparts, each of which shall be considered as an original, as of the day and year first above written. WITNESS: CONTRACTOR:

By:________________________________ _________________________ Title:_____________________________ WITNESS: NOTTINGHAM TOWNSHIP:

SEAL By:_________________________________ Title:________________________________

L-1

NO LIEN AGREEMENT

WHEREAS ___________________________________________________________________

_____________________________________________________________________________

entered into an agreement with ____________________________________________________,

___________________________________, Pennsylvania, to provide materials and perform labor

For all operations in connection with the

Nottingham Township – Beagle Club Road Slide Repair Project

NOW THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of

the said Contract and for the consideration therein set forth, that neither the undersigned Contractor,

any subcontractor or materialman, nor any other person furnishing labor or materials to the said

Contractor under this Contract shall file a lien, commonly called a mechanic's lien, for work done

or materials furnished to the said building or any part thereof, or to the grounds adjacent thereto.

This stipulation is made and intended to be filed with the County Prothonotary within ten (10) days

after date, in accordance with the requirements of Assembly of Pennsylvania, in such case provided.

IN WITNESS WHEREOF, the said parties hereto have hereunder set their hands and seals this

_______________________ day of _________________ 20___.

NOTTINGHAM TOWNSHIP:

WITNESS: BY: ______________________________________

_________________________ TITLE: ___________________________________

CONTRACTOR:

WITNESS: BY: _____________________________________

_________________________ TITLE: __________________________________

M-1

GENERAL INSTRUCTIONS FOR BONDS

1. The "Bid Bond" form shall be used for the protection of the Owner in receiving bids. There

shall be no deviation from this form.

2. The "Performance Bond" form shall be used for construction work on the furnishing of

supplies whenever a bond is required. There shall be no deviation from this form.

3. The "Payment Bond" Form, for the protection of persons supplying labor and material, shall

be used on all contracts where such bond is required. This bond shall provide that every

person, co-partnership, association or corporation who, whether as subcontractors or

otherwise, has furnished material or supplied or performed labor in the prosecution of the

work, as above provided, and who has not been paid therefore, may sue in assumpsit on said

bond, the name of the Owner, for this, their or its use, and prosecute the same to final

judgment for such sum or sums as may be justly due him, them or it, and have execution

thereon, but the Owner shall not be liable for the payment of any costs or expense of any

suit. There shall be no deviation from this form.

4. The surety on each bond must be a responsible surety company, which is qualified to do

business in Pennsylvania and satisfactory to the Owner.

6. If the principals are partners, their individual names will appear in the body of the bond,

with the recital that they are partners composing a firm, naming it, and all the members of

the firm shall execute the bond as individuals.

7. If the principals are partners, their individual names will appear in the appropriate place,

attesting the signature of each individual party to the bond.

8. If the principal or surety is a corporation, the name of the state in which incorporated shall

be inserted in the appropriate place in the body of the bond, and said instrument shall be

executed and attested under the corporate seal, as indicated in the form. If the corporation

has no corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall

appear following the corporate name.

9. The official character and authority of the person or persons executing the bond for the

principal, if a corporation, shall be certified by the secretary or assistant secretary, according

to the form attached thereto. In lieu of such certificate, there may be attached to the bond,

copies of so much of the records of the corporation as will show the official character and

authority of the officer signing, duly certified by the secretary or assistant secretary, under

the corporate seal, to be true copies.

10. The date of this bond must not be prior to the date of the contract in connection with it is

given.

(Performance Bond) N-1

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that we ____________________________

_____________________________________________________________________________

as Principal, and _______________________________________________________________

_____________________________________________________ as Surety, are held and firmly

bound unto ___________________________________________________________________

___________________________________________________________ (hereinafter called the

Obligee,) in the full and just sum of ________________________________________________

______________________________________ Dollars ($________________), Lawful money of the United States, for payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents: WHEREAS said Principal has entered into a certain contract with said Obligee dated ________________________________________, 20____ (hereinafter called the Contract) for:


which contract and the specifications for said work shall be deemed a part hereof as fully as if set out herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully perform the contract on his part at the time and in the manner therein provided including any and all warranties and representations of the Principal set forth in said contract, and satisfy all claims and demands incurred in or for the same, or growing out of the same, or for injury or damage to persons or property in the performance thereof, and shall fully identify and save harmless the said Obligee from any and all cost and damage which the said Obligee may suffer by reason of failure to do so, and shall fully reimburse and repay the said Obligee any and all outlay and expense which it may incur by reason of any such default, then this obligation shall be null and void; otherwise it shall remain in full force and virtue. The said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in any way affect its obligations or bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

(Performance Bond) N-2

Signed, sealed, and delivered in three (3) counterparts this __________________________ day of _________________________, 20___,

(Individual Principals Sign Here) ___________________________________(Seal) ___________________________________(Seal) In the presence of: _________________________ ___________________________________(Seal) _________________________ ___________________________________(Seal)

(Corporate Principals Sign Here) ATTEST: ___________________________________ _________________________ ___________________________________

(Surety Sign Here) ___________________________________ _________________________ ___________________________________

(Payment Bond) O-1

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that _________________________________ (Name of Contractor) _____________________________________________________________________________ (Address of Contractor) a _____________________________________________________________, hereinafter called (Corporation, Partnership, or Individual) Principal, a ___________________________________________________________________ (Name of Surety) _____________________________________________________________________________ (Address of Surety) hereinafter called Surety, and held and firmly bound unto __________________________ _____________________________________________________________________________ (Name of Owner) _____________________________________________________________________________ (Address of Owner) hereinafter called OWNER, in the penal sum of _______________________________________ dollars, ($_____________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal entered into a certain contract with the OWNER dated the __________________ day of _________________, 20___, a copy of which is hereto attached and made a part hereof for the:


NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations, furnishing materials, for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal, and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition of the terms of the contract or to the WORK or to the

(Payment Bond) O-2

SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in ___________________________ (Number) counterparts, each one of which shall be deemed an original, this the _____________ day of ___________, 20___. ATTEST: ___________________________________ Principal _________________________ By: ________________________________ (Principal) Secretary (SEAL) ___________________________________ _________________________ ___________________________________ Witness as to Principal Address _________________________ ___________________________________ _________________________ ___________________________________ Address Surety

(Payment Bond) O-3

ATTEST: _________________________ (Surety) Secretary (SEAL) _________________________ By: ________________________________ Witness as to Surety Attorney-in-fact _________________________ ___________________________________ _________________________ ___________________________________ Address Address NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is

Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury

Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located.

(Maintenance Bond) P-1

MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that we ____________________________ _____________________________________________________________________________ _______________________________________________________________ as Principal, and _____________________________________________________________________________ ___________________________________________ as Surety, are held and firmly bound unto

NOTTINGHAM TOWNSHIP

(hereinafter called the Obligee,) in the sum of ________________________________________ ________________________________________________________________________ Dollars ($________________________), or one hundred percent (100%) of the final amount of the contract including all change order and modifications for payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH WHEREAS that, said Principal has entered into a certain contract, hereto attached, with the Owner dated __________________________________, 20___ for:

Beagle Club Road Slide Repair Project

NOW, THEREFORE, if the Principal shall remedy without cost to the Obligee any defects which develop during a period of two (2) years from the date of completion and acceptance of the work performed under said contract provided such defects, in the judgment of the Obligee or his successor having jurisdiction in the premises, are caused by defective, inferior materials or workmanship, then this obligation shall be void; otherwise it shall remain in full force and virtue. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this _________ day of _______________________, 20____, the name and corporate seal of each corporate party being hereto affixed and these presented duly signed by its undersigned representative, pursuant to authority of its governing body.

(Maintenance Bond) P-2

IN THE PRESENCE OF: _________________________ ___________________________________(SEAL) (Individual Principal) _________________________ ___________________________________ (Address) (Business Address) _________________________ ___________________________________(SEAL) (Individual Principal) _________________________ ___________________________________ (Address) (Business Address) ATTEST: ___________________________________ (Corporate Principal) ___________________________________ (Business Address) _________________________ By:________________________________ (Affix Corporate Seal) ___________________________________ (Corporate Surety) WITNESS: _________________________ ___________________________________ (Corporate Surety) ___________________________________ (Business Address) By: ________________________________ (Affix Corporate Seal) ___________________________________ The rate of premium on this bond is _________________ per thousand. Total amount of premium charged, $__________________________. (The above must be filled in by Corporate Surety.)

Q-1

AFFIDAVIT RE

ACCEPTING PROVISIONS OF THE WORKMAN'S COMPENSATION ACT

State of _____________________

SS:

County of ___________________

_____________________________ ______________________________

(Name of Officer, if corp.) (Title of Officer, if corp.)

___________________________________________________________________

(Name of Contractor)

being duly sworn according to law deposed and says that he/they/it has/have accepted the

provisions of the Workmen's Compensation Act of 1915 of the Commonwealth of Pennsylvania,

with its supplements and amendments, and has/have insured his/their/its liability thereunder in

accordance with the terms of said Act with _____________________________________

Company.

_____________________________

(Contractor)

_____________________________

Signature of Officer or Agent

SWORN to and subscribed before me this _________________ day of

___________________________, 20_____.

______________________________

(Notary Public)

My Commission Expires:

R-1

NON-DISCRIMINATION AFFIDAVIT OF PRIME BIDDER

State of ____________________

SS:

County of __________________

being first duly sworn according to __________________ Law, deposes and says as

follows:

(1) He is the ___________ of the bidder who has submitted the attached bid;

(2) He shall not discriminate against any employee, applicant for employment,

independent contractor or any other person because of race, color, religious creed,

ancestry, national origin, age or sex. Contractor shall take affirmative action to

insure that applicants are employed, and that employees or agents are treated during

employment, without regard to their race, color, religious creed, handicap, ancestry,

national origin, age or sex. Such affirmative action shall include, but is not limited

to: employment, upgrading, demotion or transfer, recruitment or recruitment

advertising; layoff or termination; rates of pay or other forms of compensation; and

selection for training. Contractor shall post in conspicuous places, available to

employees, agents, applicants for employment and other persons, a notice to be

provided by the contracting agency setting forth the provisions of this

nondiscrimination clause.

(3) He shall in advertisements or requests for employment placed by it or on its behalf,

state that all qualified applicants will receive consideration for employment without

regard to race, color, religious creed, handicap, ancestry, national origin, age, or sex.

(4) He shall send each labor union or workers' representative with which it has a

collective bargaining agreement or other contract or understanding, a notice advising

said labor union or workers' representative of its commitment to this

nondiscrimination clause. Similar notice shall be sent to every other source of

recruitment regularly utilized by Contractor.

(5) It shall be no defense to a finding of noncompliance with this nondiscrimination

clause that Contractor had delegated some of its employment practices to any union,

training program or other source of recruitment which prevents it from meeting its

obligations. However, if the evidence indicates that the Contractor was not on

notice of the third-party discrimination or made a good faith effort to correct it, such

factor shall be considered in mitigation in determining appropriate sanctions.

(6) Where the practices of a union or of any training program or other source of

recruitment will result in the exclusion of minority group persons, so that

Contractor will be unable to meet its obligations under this nondiscrimination

clause, Contractor shall then employ and fill vacancies through other

nondiscriminatory employment procedures.

R-2

(7) Contractor shall comply with all state and federal laws prohibiting discrimination in

hiring or employment opportunities. In the event of Contractor's noncompliance

with the nondiscrimination clause of this contract or with any such laws, this

contract may be terminated or suspended, in whole or in part, and Contractor may be

declared temporarily ineligible for further Commonwealth contracts, and other

sanctions may be imposed and remedies invoked.

(8) He shall furnish all necessary employment documents and records to, and permit

access to its books, records and accounts by, the contracting agency and the Office

of Administration, Bureau of Affirmative Action, for purposes of investigation to

ascertain compliance with the provisions of this clause. If Contractor does not

possess documents or records reflecting the necessary information requested, it shall

furnish such information on reporting forms supplied by the contracting agency.

(9) He shall actively recruit minority subcontractors or subcontractors with substantial

minority representation among their employees.

(10) He shall include the provisions of this nondiscrimination clause in every

subcontract, so that such provisions will be binding upon each subcontractor.

(11) His obligations under this clause are limited to the Contractor's facilities within

Pennsylvania or, where the contract is for purchase of goods manufactured outside

of Pennsylvania, the facilities at which such goods are actually produced.

CONTRACTOR:

By: ___________________________

______________________________

TITLE

OWNER:

By: ___________________________

______________________________

TITLE

CNF-1

CERTIFICATION OF NON SEGREGATED FACILITIES (Contractor)

The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise, The Bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. ¶ 1001.

(Date) (Address)

(Name of Bidder)

(Owners/Officers Signature)

(Title)

CNF-2

CERTIFICATION OF NON SEGREGATED FACILITIES (Subcontractor)

The Subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Subcontractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Subcontractor agrees that a breach of this certification will be a violation of the Equal Opportunity clause in the contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise, The Bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. ¶ 1001.

(Date) (Address)

(Name of Subcontractor)

(Owners/Officers Signature)

(Title)

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date _______________________

Business or Organization Name (Employer)_________________________________________________

Address _____________________________________________________________________________

City _____________________________________ State_____________ Zip Code ________________

Contractor {ǳōŎƻƴǘǊŀŎǘƻǊ όŎƘŜŎƪ ƻƴŜύ

Contracting Public Body _______________________________________________________________

Contract/Project No ___________________________________________________________________

Project Description ____________________________________________________________________

Project Location ______________________________________________________________________

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as

of the above date, our company is in compliance with the Public Works Employment Verification Act

(‘the Act’) through utilization of the federal E‐Verify Program (EVP) operated by the United States

Department of Homeland Security. To the best of my/our knowledge, all employees hired post

January 1, 2013 are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to

verify the employment eligibility of each new hire within five (5) business days of the employee start

date throughout the duration of the public works contract. Documentation confirming the use of the

federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I, _________________________, authorized representative of the company above, attest that the

information contained in this verification form is true and correct and understand that the submission

of false or misleading information in connection with the above verification shall be subject to

sanctions provided by law.

________________________________

Authorized Representative Signature

sboyce

Typewriter

PWE-1

PROJECT: ENGINEER:

TO: CONTRACTOR:

ESTIMATED DATE: ESTIMATE NO.:

ATTN: PERIOD FROM: TO:

CHANGE ORDER SUMMARY

ADDITIONS $ DEDUCTIONS $

ORIGINAL CONTRACT SUM $

Numbers

Approved

(Date) Net change by Change Orders $

Contract Sum to Date $

TOTALS Total Completed and Stored to Date $

Net change by Change Orders $

State of: County of: RETAINAAGE % $

TOTAL EARNED LESS RETAINAGE $

Less Previous Certificates for Payment $

CURRENT PAYMENT DUE $

Contractor:

By: Date:

In accordance with the Contract and this Application for Payment the Contractor is entitled to payment in the amount shown above.

Project Engineer Date

This Certificate is not negotiable. It is payable only to the payee named herein and its issuance, payment and acceptance are without prejudice to any rights of the Owners or Contractor under their Contract

APPLICATION AND CERTIFICATE FOR PAYMENT

Change Orders approved

in previous months by

Owners --

Total

Subsequent Change Order

Widmer Engineering Inc.

61 E. Wheeling Street

Washington, Pa 15301

(724) 228-1550

BILLING SUMMARY

The underdesigned Contractor certifies that the Work covered by this Application for Payment has been completed in

accordance with the Contract Documents, that all amounts have been paid by him for Work for which previous

Certificates for Payment were issued and payments received from the owner, and that the current payment shown herein

is now due.

U-1

CONTINUATION SHEET PAGE OF PAGES

APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's

signed Certification is attached.

In tabulations below, amounts are stated to the nearest dollar.

Use Column I on Contracts where variable retainage for line items may apply.

A B C D E F H I

FROM PREVIOUS

APPLICATION

(D+E)

THIS PERIOD

ITEM NO. DESCRIPTION OF WORK SCHEDULED

VALUE

WORK COMPLETED

APPLICATION NUMBER:

APPLICATION DATE:

PERIOD TO:

ENGINEER'S PROJECT NO:

RETAINAGE

G

MATERIALS

PRESENTLY

STORED (NOT

IN D OR E)

TOTAL

COMPLETED

AND STORED TO

DATE (D+E+F)

%

(G÷C)

BALANCE TO

FINISH (C-G)

CERTIFICATE OF OWNER

SUBSTANTIAL ARCHITECT

COMPLETION CONTRACTOR

FIELD

OTHER

PROJECT: ENGINEER:

(name, address)

ENGINEER'S PROJECT NUMBER:

TO (Owner): CONTRACTOR:

CONTRACT FOR:

CONTRACT DATE:

DATE OF ISSUANCE:

PROJECT OR DESIGNATED PORTION SHALL INCLUDE:

The Work performed under this Contract has been reviewed and found to be substantially complete. The date of Substantial Completion

of the Project or portion thereof designated above is hereby established as

which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below.

The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Engineer when construction is

sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion

thereof for the use for which it is intended, as expressed in the Contract Documents

A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Engineer, is attached hereto.

The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with

the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless

otherwise agreed to in writing.

Widmer Engineering Inc.ENGINEER BY DATE

The Contractor will complete or correct the Work on the list of items attached hereto within days from the above

Date of Substantial Completion.

CONTRACTOR BY DATE

The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession

thereof at (time) on (date).

OWNER BY DATE

The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be

as follows:

(Note--Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage; Contractor

shall secure consent of surety company, if any.)

DEFINITION OF DATE OF SUBSTANTIAL COMPLETION

CSC-1

OWNER: DATE:

PROJECT NAME:

TO:

CHANGE ORDER NO.:

You are hereby requested to comply with the following changes from the Contract Plans and Specifications

ITEM NO. (1)

DESCRIPTION OF CHANGES, QUANTITIES, UNITS, COMPLETION, SCHEDULE, ETC.

(2)

DECREASE IN CONTRACT

PRICE(3)

INCREASE IN CONTRACT

PRICE (4)

Change in contract price due to this Change Order

Total Decrease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -$ XXXXXXXXXX

Total Increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XXXXXXXXXX -$

Difference between Column (3) & (4) -$ -$

Net Increase or Decrease -$ -$

Accepted by: Contractor Date

Recommended by: Engineer Date

Approved by: Owner Date

CONTRACT CHANGE ORDER

The sum of $______ is hereby (added to, subtracted from, or make no change to) the total contract price, and the total adjusted contract price to date thereby is $________.

The time provided for completion in the contract is (increased by ____, decrease by ____, or remains the same). This document shall become an amendment to the contract and all provisions of the contract will apply hereto.

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GENERAL CONDITIONS

GENERAL CONDITIONS

CONTRACT CONDITIONS

TABLE OF CONTENTS

PAGE SECTION 1 GENERAL 1.1 Definitions 1 1.2 Scope of Work 4 SECTION 2 CONTRACT AND CONTRACT DOCUMENTS 2.1 General 5 2.2 Bidding Documents 5 2.3 Contractual Documents 5 2.4 General Conditions 6 2.5 Plans and Specifications 6 2.6 Notice of Change of Address 6 2.7 Assignment of Contract 7 2.8 Modification of Contract 7 2.9 Oral Agreements 10 SECTION 3 INSURANCE, BONDS AND RELATED MATTERS 3.1 CONTRACTOR's Liability Insurance 11 3.2 OWNER's Liability Insurance 12 3.3 Property Insurance 12 3.4 Waiver of Rights 13 3.5 Receipt and Application of Insurance Proceeds 13 3.6 Limits of Insurance Coverage 14 3.7 Partial Utilization--Property Insurance 14 3.8 Indemnification 15 3.9 Surety Bonds 15 SECTION 4 RESPONSIBILITY OF THE ENGINEER 4.1 General 17 4.2 Observation of the Work 17 4.3 Acceptance of Work 17 4.4 ENGINEER is OWNER'S Representative 17

SECTION 5 OWNER'S RIGHTS AND RESPONSIBILITIES 5.1 Lands and Rights of Way 18 5.2 Permits 18 5.3 OWNER'S Right to Correct Deficiencies 18 5.4 Underground Structures 18 5.5 OWNER'S Right to Stop Work or Terminate Contract 18 SECTION 6 CONTRACTOR'S RIGHTS AND RESPONSIBILITIES 6.1 General 21 6.2 Applicable Laws and Regulations 21 6.3 Permits, Licenses and Certificates 21 6.4 Structures or Work in Navigable Streams 22 6.5 Permits and Inspection Charges 22 6.6 Project Signs 22 6.7 CONTRACTOR'S Right to Stop Work or Terminate Contract 23 6.8 Underground Structures 23 6.8.1 CONTRACTOR'S Bid 23 6.8.2 Underground Utility Protection Law - Act 1991-38 24 6.8.3 Subsurface Exploration by CONTRACTOR 25 6.8.4 Protection of Existing Utilities 25 6.8.5 Obstructions by Underground Utilities and Structures 26 6.8.6 Relocation of Existing Utilities 26 6.9 Surveys 26 6.10 Lands by CONTRACTOR 27 6.11 Private and Public Property 27 6.12 Reports, Records and Data 27 6.13 Materials and Equipment - Sources of Supply 27 6.14 Examination and Testing 28 6.15 Specified Brands of Materials 28 6.16 Title to Materials 29 6.17 Patents, Royalties and Licenses 29 6.18 Supervision by CONTRACTOR 30 6.19 CONTRACTOR Responsible Until Work Completed 30 6.20 Light, Heat, Power and Water 31 6.21 Sanitary Provisions 31 6.22 Safety Provisions 31 6.23 Work During an Emergency 32 6.24 Warning Signs and Barricades 32 6.25 Public Convenience 32 6.26 Protection, Support and Maintenance of Structures 32 6.27 Weather Conditions 33 6.28 Protection Against Freezing 33 6.29 Removal of Water 33 6.30 CONTRACTOR to Provide Watchmen 34 6.31 Fires, Signs, Loading and Refuse 34 6.32 Use of Premises and Removal of Debris 34 6.33 Erosion and Sedimentation Control 35 6.33.1 Requirements for Erosion and Sedimentation Control 35 6.33.2 Methods for Erosion and Sedimentation Control 36

6.34 Employment Requirements 38 6.35 Minority and Women Business Enterprises 42 6.36 Date of Starting and Completing Work 42 6.37 Order of Work 43 6.38 Prosecution of Work 43 6.39 Competent Workers 43 6.40 Subcontracting 44 6.41 Work by Others 44 6.42 Cooperation of Trades 45 6.43 Cooperation of CONTRACTORS 45 6.44 Notice of Imperfect Work or Material 45 SECTION 7 PAYMENTS TO THE CONTRACTOR 7.1 Detailed Breakdown of Contract Amount 47 7.2 Partial Monthly Payments 47 7.3 Retainage 47 7.4 Payment for Uncorrected Work 48 7.5 Payment for Removal of Rejected Work and Materials 48 7.6 Estimates of ENGINEER to be Final 48 7.7 Stated Allowances 48 7.8 Requests for Extra Compensation 48 7.9 No Charge for Delay 49 7.10 Liquidated Damages 49 7.11 Final Payment 49 7.12 Acceptance of Final Payment Constitutes Release 50

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GENERAL CONDITIONS

CONTRACT CONDITIONS

SECTION 1 - GENERAL

1.1 DEFINITIONS

Wherever used in the Contract, the following terms have the meanings indicated. 1.1.1 Addenda: Written or graphic instruments issued prior to the opening of Bids which

clarify, modify, correct, interpret or change the Bidding Requirements or Contract Documents.

1.1.2 Agreement (or Contract Agreement): The written contract between the Owner and

the Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

1.1.3 Architect or Architect/Engineer: The architect or engineer authorized by the

Owner's as its technical and/or design representative for the Project. 1.1.4 Bid: The offer or proposal of the Bidder submitted on the prescribed form, setting

forth the prices for the Work to be performed. 1.1.5 Bidder: Any person, firm or corporation submitting a bid for the work. 1.1.6 Bidding Documents: The advertisement or invitation to Bid, instructions to bidders,

the Bid form, and the proposed Contract Documents (including all Addenda). 1.1.7 Bonds: Bid, Performance, Payment and Maintenance Bonds and other

instruments of security furnished by the CONTRACTOR and his surety in accordance with the Contract Documents.

1.1.8 Change Order: A written order to the CONTRACTOR authorizing an

addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time.

1.1.9 Contract Documents: The Agreement, Addenda, Contractor's Bid, the Notice to

Proceed, the Bonds, the General Conditions, the Supplementary Conditions, if any, the Specifications (Standard, Detail or Technical) and the Drawings, together with all written amendments, Change Orders, field orders and written interpretations and/or clarifications.

1.1.10 Contract Price: The moneys payable by the Owner to the Contractor for completion

of the Work in accordance with the Contract Documents as stated in the Agreement.

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1.1.11 Contract Times: The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion and (ii) to complete the Work so that it is ready for final payment as evidenced by the Architect's or Engineer's written recommendation of final payment.

1.1.12 CONTRACTOR: The person, firm or corporation with whom the Owner has entered

into the Agreement. 1.1.13 Drawings (or Contract Drawings or Plans or Contract Plans): The drawings which

show the scope, extent and character of the Work to be furnished and performed by the Contractor. Shop drawings are not Drawings as so defined.

1.1.14 Engineer or Architect/Engineer (A/E): The engineer or architect authorized by the Owner's

as its technical and/or design representative for the Project. Wherever the term "Engineer" is used, it shall mean Engineer or Architect or other design professional acting as the Owner's representative, as applicable.

1.1.15 Field Order: A written order effecting a change in the work not involving an

adjustment in the Contract Price or an extension of the Contract Time issued by the ENGINEER to the CONTRACTOR during construction.

1.1.16 Lump Sum Price: The amount bid as a single item for the work complete and

ready to use. 1.1.17 Materials: Materials incorporated or to be incorporated in the Contract Work or

used to be used in the operation of the completed improvements. 1.1.18 MBE: A person, firm or corporation qualifying under the OWNER's Minority and Women

Business Enterprise Plan as a bona fide Minority Business Enterprise. 1.1.19 Notice of Award: The written notice of the acceptance of the Bid from the

OWNER to the successful Bidder. 1.1.20 Notice to Proceed: A written notice given by the Owner (or its representative) to the

Contractor fixing the date on which the Contract Times will commence to run; and on which the Contractor shall start to perform its obligations under the Contract Documents.

1.1.21 OWNER: The public body or authority, corporation, association, firm or person with whom

the Contractor has entered into the Agreement and for whom the Work is to be provided. 1.1.22 Plans: (see "Drawings"). 1.1.23 Project: The undertaking to be performed as provided in the Contract Documents. 1.1.24 Resident Project Representative: Any authorized representative of the OWNER

who is assigned to the project site or any part thereof, including the ENGINEER and the ENGINEER'S authorized representative.

1.1.25 Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and

other data which are prepared by the CONTRACTOR, a subcontractor, manufacturer, supplier or distributor, which illustrate how specific portions of the work shall be fabricated or installed.

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1.1.26 Specifications: A part of the Contract Documents consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship.

1.1.27 Subcontractor: An individual, firm or corporation having a direct contract with the

Contractor or with any other Subcontractor for the performance of a part of the Work at the site.

1.1.28 Substantial Completion: The work (or a specified part thereof) has progressed to the point

where, in the opinion of the ENGINEER (as evidenced by a definitive certificate of substantial completion), it is sufficiently complete so that the Work or specified part can be utilized for the purposes intended. Use of this term is referenced to the "Public Works Contract Regulation Law," Act No. 317 of 1978 as amended by Act. No. 200 of 1982.

1.1.29 Supplemental Unit Prices: The unit prices included on the Contractor's Bid which apply to

increasing or decreasing the Project quantities on the basis of Unit Price payment. (See "Unit Price").

1.1.30 Supplementary Conditions: The part of the Contract Documents which amends or

supplements these General Conditions. 1.1.31 Supplier: A manufacturer, fabricator, supplier, distributor, materialman or vendor having a

direct contract with the Contractor or with any Subcontractor to furnish materials or equipment to be incorporated into the Work.

1.1.32 Underground Facilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults,

tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. Use of this term is referenced to the "Underground Utility Line Protection Law," Act 38 of 1991, or as amended.

1.1.33 Unit Price: Any price bid under the respective items of the Proposal Form whether such

price be per unit of measurement, per each or per lump sum. 1.1.34 User: When used in relationship to a utility, shall mean the utility owner or utility operator.

Use of this term is referenced to the "Underground Utility Line Protection Law," Act 38 of 1991, or as amended.

1.1.35 WBE: A person, firm or corporation qualifying under the OWNER's Minority and Women

Business Enterprise Plan as a bona fide Woman-Owned Business Enterprise. 1.1.36 Work: The entire construction or the various separately identifiable parts thereof required

to be furnished under the Contract Documents. Work includes and is the result of perform-ing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents.

1.1.37 Written Notice: Any notice to any part of the Agreement relative to any part of this

Contract in writing and considered delivered and the service thereof completed when posted by Certified or Registered Mail to the said party at his last given address, or delivered in person to said party or his authorized representative on the Work.

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Wherever, in the Contract Documents, the word "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the OWNER or ENGINEER is intended; and, similarly, the words "approved," "acceptable," "satisfactory," or words of like import shall mean approved by, acceptable to, suitable to or satisfactory to the OWNER or ENGINEER in each case. Wherever in the Contract Documents the words "supervision," or "superintendence," or words of like import are used, it shall be understood that supervision or superintendence by the CONTRACTOR is intended.

1.2 SCOPE OF WORK

The work to be done under this Contract, as described in the Contract Documents and Specifications, shall include the furnishing and complete installation of all materials and any other necessary work required for proper completion, operation and use of the facilities. All the equipment, materials and labor that may be necessary to complete the work and place it in satisfactory operation, implied or intended in the Contract Documents and Specifications, shall be furnished and/or installed without extra cost to the OWNER. The titles or headings of the various divisions, sections, paragraphs, subparagraphs or of Drawings, and the Table of Contents and the indices, as used in any of the Contract Documents are for convenience of reference only and are not intended to limit and shall not be construed as in any way limiting the application of the text.

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SECTION 2 - CONTRACT AND CONTRACT DOCUMENTS

2.1 GENERAL

The Contract Documents comprise the following documents, including all additions, deletions and modifications incorporated therein before the execution of the Contract Agreement.

2.2 BIDDING DOCUMENTS

Bidding Documents issued by the OWNER to assist Bidders in preparing their proposals include: (1) Advertisement for Bids (or Invitation for Bids)

(2) Information for Bidders (or Instructions to Bidders)

(3) Proposal Form or "Bid" - The offer of a Bidder to perform the work described by the Contract Documents made out and submitted on the prescribed Proposal Form, properly signed and guaranteed.

(4) Bid Security - A cashier's check, certified check, or Bid Bond shall accompany the Proposal Form submitted by the Bidder as a guaranty that the Bidder will enter into an Agreement with the OWNER for the construction of the work if the Contract is awarded to him.

(5) Addenda to Contract Documents - Any addenda issued during the time of bidding, or forming a part of the Contract Documents in the possession of the Bidder for the preparation of his Proposal, shall be covered in the Proposal Form and shall be made a part of the Contract. Receipt of each Addendum shall be acknowledged in the Proposal Form, and a receipted copy shall be submitted with the Bid.

(6) Any certifications, forms, affidavits or required attachments to the Bid

as required by the Contract Documents.

2.3 CONTRACTUAL DOCUMENTS

(1) Agreement (or Contract Agreement) covers the performance of the

work described in the Contract Documents, including all supplemental addenda thereto and all general and special specifications and provisions pertaining to the work or materials therefore. The Agreement also includes any required certifications, forms, affidavits or required attachments submitted by the CONTRACTOR as a part of his Bid.

(2) Bonds - The CONTRACTOR shall, before the time of his execution of

the Contract Agreement, furnish bonds in a form prescribed by the OWNER and with a Surety Company authorized to do business in the State where the work is located as follows:

(a) Performance Bond is an amount equal to one hundred percent of

the Contract Amount as a guarantee of good faith on the part of the CONTRACTOR to execute the work in accordance with the terms of the Contract.

(b) Labor and Material Payment Bond in an amount equal to one hundred percent of the Contract Amount as a guarantee of good

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faith on the part of the CONTRACTOR to make all payments for labor and material in connection with the Contract.

(3) Insurance policies or certificates as specified.

2.4 GENERAL CONDITIONS

The General Conditions outline certain general responsibilities of the OWNER and the CONTRACTOR (who are the parties to the Contract Agreement) and also those responsibilities delegated by the OWNER to the Architect or Engineer who acts as the agent of the OWNER. These General Conditions are divided into two parts. Part I applies to all contracts entered into between the OWNER and the CONTRACTOR, regardless of the source of funding for the Project. Part II--Federal Requirements sets forth those requirements and conditions that apply to the Project as a result of the Community Development Block Grant funding (not applicable). Part I may be amended by the Detail or Technical Specifications. Part II will not be amended by any other section of the Contract Documents. This contract shall be deemed subject to the Uniform Arbitration Act, 42 Pa. S. § 7301-7320 and subject to the Arbitration Powers and Provisions therein.

2.5 CONTRACT DOCUMENTS AND SPECIFICATIONS

The intent of the Contract Documents and Specifications is that the CONTRACTOR shall furnish all labor, materials, equipment and transportation necessary for the proper execution of the work, unless specifically noted otherwise. The CONTRACTOR shall do all the work outlined in the Contract Documents and all incidental work necessary to complete the project in a substantial and acceptable manner and fully complete the work or improvement, ready for use, occupancy and operation by the OWNER. Any discrepancies found between the Contract Documents and Specifications and site conditions or any inconsistencies or ambiguities in the Contract Documents or Specifications shall be immediately reported to the ENGINEER, who shall promptly correct such inconsistencies or ambiguities in writing. Any work done by the CONTRACTOR after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR'S risk. Each requirement appearing in any one of the Contract Documents is as binding as though it were repeated or shown in every one of the Documents. In case of any discrepancy or conflict between or among two or more of said documents, except as otherwise ruled by the OWNER, figured dimensions shall control scaled dimensions, larger scale superseding smaller scale, and, in general, a special or detail specification shall control a general or standard specification or plan relative to the same subject. In any and all cases of discrepancy in figures, or Specifications, the matter shall be submitted immediately by the CONTRACTOR to the ENGINEER for his decision.

2.6 NOTICE OF CHANGE OF ADDRESS

It shall be the duty of each party to advise the other parties to the Contract Agreement by written notice as to any change in his business address until completion of the Contract.

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2.7 ASSIGNMENT OF CONTRACT

Neither the CONTRACTOR nor the OWNER shall sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title or interest therein, or his obligations there under, without written consent of the other party.

2.8 MODIFICATION OF CONTRACT

A. Changes Initiated by OWNER If changes are necessary to carry out and complete more fully or perfectly the work to be performed under the Contract, the Contract may be modified. The Contract may only be changed by written order of the OWNER. The CONTRACTOR shall acknowledge, in writing, the receipt of every such order. If the changes increase the cost of performing the work, the OWNER shall pay the increased cost. If such changes reduce the cost of performing the work, the amount of such reduction shall be credited to the OWNER. No consequential loss of profit on work not executed shall be paid to the CONTRACTOR. The amount of compensation to be paid to the CONTRACTOR or credited to the OWNER for any changes to the Contract, as so ordered, shall be determined as indicated in Subsection 2.8 C, "Basis for Determination of Additional Compensation." B. Changes Initiated by CONTRACTOR (1) Required Notices and Authorization - If the CONTRACTOR

encounters conditions which may in his opinion require a change in the Contract or result in a claim for additional compensation, the CONTRACTOR shall give immediate written notice to the OWNER of such conditions, and perform no additional work affected by such conditions until a written order is issued by the OWNER and accepted by the CONTRACTOR.

No claims for additional compensation will be made or allowed for

any affected work performed without prior approval by the OWNER. Claims for additional compensation shall be made in accordance with

this Paragraph and Paragraph 7.8, "Requests for Extra Compensation." The amount of compensation to be paid to the CONTRACTOR or

credited to the OWNER for any changes to the Contract, as so ordered, shall be determined as indicated in Subsection 2.8 C, Basis for Determination of Additional Compensation."

C. Basis for Determination of Additional Compensation When additional compensation is due the CONTRACTOR or when a credit is due the OWNER for changes to the Contract, the amount of such additional compensation or credit shall be determined as follows: (1) By such applicable unit prices, if any, as are set forth in the Contract

Documents; claims for additional compensation shall be accompanied by itemized information showing the location of the extra work and the quantity of each item for which the CONTRACTOR requests payment. The location shall reference the construction, stationing, street names and property owners; or,

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(2) By a lump sum mutually agreed upon by the OWNER and the

CONTRACTOR; or, (3) If no such unit prices are so set forth and if the parties cannot agree

upon a lump sum, then by the cost (or in the case of credit - the estimated cost) to the CONTRACTOR for the materials, labor and equipment costs.

These costs shall be calculated in accordance with Pennsylvania Department of Transportation Publication 408, latest edition, for extra work performed on a force account basis as follows: (a) Labor - Wages of forepersons; equipment operators; and skilled, semi-skilled,

and common laborers directly assigned to the specific operation will be reimbursed as direct labor at contract or actual payroll rate of wages per hour and actual fringe benefits paid, for each hour that such employees are actually engaged in the performance of the authorized work and, if directed, overtime as provided by existing laws and regulations.

Indirect labor cost added to the direct labor cost will be allowed as follows: Social Security Tax at the percentage legally required; Unemployment Tax at the percentage legally required; Worker's Compensation Insurance at the policy percentage rate; Contractor's Public Liability Insurance at the policy percentage rate; and Contractor's Property Damage Liability Insurance at the policy percentage rate, including coverage for damage due to blasting and explosions, when additional coverage is secured on projects requiring blasting. (b) Material - The cost of material used will be reimbursable at the actual cost of

material, including applicable tax and transportation charges, shown on invoices.

(c) Equipment - Reasonable rental rates for equipment, including machinery and

trucks, mutually considered necessary, will be allowed, computed as follows: For equipment, either rented or owned, including pumps and compressors, an

hourly rental rate will be determined using the monthly rental rates taken from the current edition of the Rental Rate Blue Book for Construction Equipment and dividing by 176. An allowance will be made for operating costs for every hour the machinery or equipment is operating, in accordance with rates listed in the rental book. If machinery or equipment is required at the work site, but is not operating, compensation will be at the hourly rental rate, exclusive of operating costs.

The daily rental rate for equipment used for maintenance and protection of

traffic (signs, flashers, barricades, drums, etc.) on a 24-hour basis will be determined by dividing the monthly rental rate by 22.

To the above rates, add the predominant area adjustment percentage for the

State as shown on the area adjustment map in the Rental Rate Blue Book for Construction Equipment.

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In the case of machinery or equipment not in the Rental Rate Blue Book for

Construction Equipment, a monthly rate will be computed on the basis of 6% of the manufacturer's list price for sale (new) of such equipment; the hourly rate in this case will be determined by dividing the monthly rate by 160, when actually operating, and by 176, when at work site but not operating, with no percentage added. For equipment used for maintenance and protection of traffic signs, flashers, barricades, drums, etc.), with no rate listed in the Rental Rate Blue Book, use a daily rate computed on the basis of 6% of the manufacturer's list price for the sale (new) of this equipment, divided by 22, with no percentage added.

(d) Services by Others - For any service such as maintenance and protection of

traffic signing, engineering services, or specialized construction analysis not considered as subcontract work requiring prequalification, the CON-TRACTOR will be compensated at the invoice price plus 2% to cover administration and all other costs.

(e) Insurance - When Railroad's Protective Public Liability Insurance or Railroad's

Protective Property Damage Liability Insurance are required by the Contract, reimbursement of insurance premium paid will be allowed at the policy premium rate.

"Special" railroad insurance, not covered by the Contractor's Protective Public

Liability and Property Damage Liability Insurance, will be indicated in the Contract.

No allowance will be made for Contractor's Protective Public Liability and

Property Damage Liability Insurance in the case of subcontracting, although such protection may be specified.

(f) Subcontract - For work to be performed by a subcontractor, payment will be

the actual and reasonable cost of the subcontracted work, computed on the foregoing basis, as authorized and accepted in writing.

(g) Overhead and Profit - Except as specified in Subsection 2.8 C 3 (d), to cover

all administration, general superintendence, other overhead, bonds, insurance, anticipated profit, and use of small tools and equipment, for which no rental is allowed, add 25% to the labor cost, the material cost, the equipment cost and, when applicable, add 2% to the total force-account invoice for subcontract work.

Note: The calculation for Overhead and Profit described in (g) above is based upon PennDOT’s

formula contained in Form 408.

Claims for additional compensation shall be accompanied by itemized records showing the following items: Labor - Name, classification, date, daily hours, total hours, rate and extension for

each foreperson; equipment operator; skilled, semi-skilled, and common laborer. (Add to this invoice or payroll transcript the percentage rates paid, for appropriate tax and insurance items.)

Material - Quantities of material by name, price and extensions, including

applicable tax and transportation charges.

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Equipment - Designation, date, daily hours, total hours, rental rates and extension

for each item of equipment, including machinery and trucks. Summary - Summarize labor, material, equipment costs, overhead and profit,

insurance premiums and subcontractor costs, including overhead and profit. Accompany and support statements by invoices for all material used, taxes and transportation charges. Furnish an affidavit certifying that costs for material being charged are the actual costs of material used in the work. File the required statements during the month following that in which the work was performed.

D. Requests for Payment Requests for additional compensation shall be made in accordance with this Paragraph 2.8 and with Paragraph 7.8, "Requests for Extra Compensation". This Paragraph may be modified by the Standard and Detail Specifications (if any) which apply to this Contract. E. Emergencies The provisions hereof shall not affect the power of the CONTRACTOR to act in case of emergency, as herein provided.

2.9 ORAL AGREEMENTS

No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.

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SECTION 3 INSURANCE, BONDS AND RELATED MATTERS

3.1 CONTRACTOR'S LIABILITY INSURANCE

The CONTRACTOR shall purchase and maintain, from a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, such comprehensive 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: claims under workers' compensation, disability benefits and other similar employee benefit

acts; claims for damages because of bodily injury, occupational sickness or disease, or death of

CONTRACTOR's employees; claims for damages because of bodily injury, sickness or disease, or death of any person

other than CONTRACTOR's employees; claims for damages insured by customary personal injury liability coverage which are

sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason;

claims for damages, other than to the Work itself, because of injury to or destruction of

tangible property wherever located, including loss of use resulting there from; and claims for damages because of bodily injury or death of any person or property damage

arising out of the ownership, maintenance or use of any motor vehicle. Umbrella and/or Excess Liability Insurance - In addition to the insurance requirements itemized in this Section, the CONTRACTOR shall provide "Excess Liability" coverage of $1 million. If the CONTRACTOR intends to use his "Excess Liability" policy to meet the other specified insurance limits, the "Excess Liability" policy must be increased accordingly. If the total of the required underlying policies and the excess limits are met, all requirements will be satisfied. No XCU Exclusions - Any XCU exclusions shall be deleted from the policy and full coverage shall be included for property damage liability for explosion hazards, collapse hazards and underground property damage hazards. The policies of insurance so required by this paragraph to be purchased and maintained shall: include as additional insureds (subject to any customary exclusion in respect of profes-

sional liability) OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Contract Documents, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds;

include the specific coverages and be written for not less than the limits of liability provided herein

or required by Laws or Regulations, whichever is greater; include completed operations insurance;

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include contractual liability insurance covering CONTRACTOR's indemnity obligations under this contract;

contain a provision or endorsement that the coverage afforded will not be cancelled,

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 identified to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide);

remain in effect at least until final payment and at all times thereafter when

CONTRACTOR may be correcting, removing or replacing defective work; with respect to completed operations insurance, and any insurance coverage written on a

claims-made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter).

3.2 OWNER's LIABILITY INSURANCE

In addition to the insurance required to be provided by CONTRACTOR under this section, OWNER, at OWNER's option, may (but is not obligated to) 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.

3.3 PROPERTY INSURANCE

Unless otherwise provided in the Contract Documents, CONTRACTOR shall purchase and maintain property insurance, from a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, in the full amount of the contract on a replacement-cost basis (subject to such deductible amounts as may be approved by the OWNER or required by Laws and Regulations). This insurance shall: include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER,

ENGINEER's Consultants and any other persons or entities identified in the Contract Documents, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured;

be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form

shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earth-quake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Contract Documents;

include expenses incurred in the repair or replacement of any insured property (including

but not limited to fees and charges of engineers and architects); 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

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and equipment have been included in an Application for Payment recommended by ENGINEER; and

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 certificate of insurance has been issued.

OWNER may purchase and maintain such additional property insurance as it deems necessary or as required by Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Contract Documents, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained will contain a provision or endorsement that the coverage afforded will not be cancelled 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 insurance has been issued and will contain waiver provisions in accordance with paragraph 3.4. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work.

3.4 WAIVER OF RIGHTS

OWNER and CONTRACTOR intend that all policies purchased in accordance with this section will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. The CONTRACTOR waives all rights against the OWNER and his respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waives all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified to be listed as insureds or additional insureds under such policies for losses and damages so caused.

3.5 RECEIPT AND APPLICATION OF INSURANCE PROCEEDS

Any insured loss under the policies of insurance required herein will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the require-ments of any applicable mortgage clause. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement

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among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers.

3.6 LIMITS OF INSURANCE COVERAGE

The CONTRACTOR will furnish the following minimum limits of insurance coverage, unless otherwise specified in the Detail Specifications: General Liability Bodily Injury $1,000,000 Property Damage $1,000,000 Automobile Liability Combined Single Limit $1,000,000 Excess Liability $1,000,000 Worker's Compensation Statutory Employer's Liability $ 100,000 Property Insurance: Builder's Risk "All-Risk" * *Applicable to projects involving structures. Limit of coverage will correspond to

the amount of the contract less any agreed-to uninsurable portions of the work, as approved by the OWNER. In cases of projects involving utility lines or other work on which Builder's Risk policies are normally not written, the CONTRACTOR will furnish an "All-Risk" Installation Floater which provides coverage for all materials stored or installed. Such insurance will provide coverage until said materials have been installed, tested and placed in operation by OWNER. Such insurance may have a deductible clause but the amount of deductible shall not exceed One Thousand Dollars ($1,000.00).

Special Hazards Insurance ** **When the Work involves occupancy of railroad right of way, highway right of

way, use of marine equipment or work in navigable waterways, or any other special hazard, adequate liability insurance shall be provided by the CONTRAC-TOR as required by the railroad or the regulatory agency or governmental body having jurisdiction over the Work site(s). In the case of railroad protective insurance, the conditions of the License Agreement between the OWNER and the railroad will be fully met by the CONTRACTOR'S insurance, with such special insurance certificates or "additional insureds" as may be required. In the case of occupancy of PennDOT right of way, the CONTRACTOR will furnish all certificates required by PennDOT, on the form(s) prescribed by PennDOT.

3.7 PARTIAL UTILIZATION--PROPERTY INSURANCE

If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, the insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy.

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3.8 INDEMNIFICATION

The CONTRACTOR shall waive any right of contribution and shall indemnify and hold harmless the OWNER, its agents and employees, and the ENGINEER, from and against all claims, damages, losses and expenses, including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity that would otherwise exist as to any party or person described in this agreement. In any and all claims against the OWNER or ENGINEER or any of their agents or employees and consultants by any employee of the CONTRACTOR, subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under the foregoing paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen’s' compensation acts, disability benefit acts or other employee benefit acts. "Claims, damages, losses and expenses" as these words are used in this agreement shall be construed to include, but not be limited to (1) injury or damage consequent upon the failure of or use or misuse by CONTRACTOR, its subcontractors, agents, servants or employees, of any hoist, shoring, rigging, blocking, scaffolding or any and all other kinds of items of equipment whether or not the same be owned, furnished or loaned by OWNER; (2) all attorneys fees and costs incurred in bringing an action to enforce the provisions of this indemnity agreement; and (3) time expended by the party being indemnified and their employees, at their usual rates plus costs of travel, long distance telephone and reproduction of documents. Any provision of this Paragraph 3.10 in respect of indemnification which is prohibited or unenforceable by law in the State in which the work, or other performance described in this Contract is cited shall be ineffective to the extent of such prohibition or unenforceability and shall not invalidate the remaining provisions of this Paragraph 3.10 or this Contract.

3.9 SURETY BONDS

All Bonds will be taken out with a corporate surety that is acceptable to the OWNER and is authorized to do business in the State where the work is to be performed. All Bonds shall be in the forms prescribed by law or regulation or by the Contract Documents and be executed by such sureties as are named either in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department or on the current edition of the "Surety List" of licensed companies published by the Commonwealth of Pennsylvania Insurance Department, Company Division System. A certified copy of the Authority to act, dated concurrent with the Bond, must accompany all Bonds signed by an agent. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any State where any part of the project is located or it ceases to meet the requirements above, the CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to the OWNER.

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A. Performance and Payment Bonds Before execution of the Contract Agreement, the CONTRACTOR shall furnish to the OWNER the following bonds that shall become binding upon the awarding and execution of the Contract Agreement: (1) Performance Bond: At one hundred percent (100%) of the final Contract

amount conditioned upon the faithful performance of the Contract, in accordance with the Plans, Specifications and conditions of this Contract. Such bond shall be solely for the protection of the OWNER.

(2) Payment Bond: At one hundred percent (100%) of the final Contract amount,

such Bond shall be solely for the protection of individuals, firms, corporations, partnerships and associations supplying labor or materials to the CONTRAC-TOR or to any of his subcontractors in the prosecution of the work provided for in the Contract and shall be conditioned for the prompt payment of all such material furnished or labor supplied or performed in the prosecution of the work.

B. Maintenance Bond At the time of final acceptance of the project construction and prior to final payment, the CONTRACTOR will, unless otherwise indicated in the Detail Specifications, be required to furnish the OWNER with a two-year Maintenance Bond in the amount of one hundred percent (100%) of the final contract amount covering the guarantee for two years for any required or necessary maintenance or repairs on the completed project or necessary maintenance of highway surface or base. C. Consent of Surety to Final Payment At the time of final acceptance of the project construction and prior to final payment, the CONTRACTOR will be required to provide a Consent of Surety To Final Payment from the Surety which issued the Performance and Payment Bonds, accompanied by a properly executed Power of Attorney, and indicating that all claims for labor and material on the project have been satisfied and the Surety consents to have the final payment released to the CONTRACTOR.

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SECTION 4 RESPONSIBILITY OF THE ENGINEER

4.1 GENERAL

The ENGINEER shall decide questions that may arise as to the quality and acceptability of materials furnished, work performed, rate of progress of work, interpretation of Plans and Specifications and all questions as to the acceptable fulfillment of the Contract Agreement on the part of the CONTRACTOR. The duties and responsibilities of the ENGINEER as set forth herein shall not be extended except through written consent of the ENGINEER and the OWNER.

4.2 OBSERVATION OF THE WORK

All materials and each part or detail of the work shall be subject at all times to observation by the ENGINEER and the OWNER, and the CONTRACTOR will be held strictly to the intent of the Contract Documents in regard to quality of materials, workmanship and the diligent execution of the Contract. Observations may be made at the site or at the source of material supply, whether mill, plant or shop. The ENGINEER shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the CONTRACTOR as is required to make his observations.

4.3 ACCEPTANCE OF WORK

The ENGINEER'S decision as to the acceptability or adequacy of the work shall be final and binding upon the CONTRACTOR. The CONTRACTOR agrees to abide by the ENGINEER'S decision relative to the performance of the work.

4.4 ENGINEER IS OWNER'S REPRESENTATIVE

The ENGINEER shall be the OWNER'S representative during the construction period. The ENGINEER will make periodic visits to the site 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. He will not be required to make exhaustive or continuous on-site inspections or examinations to check the quality or quantity of the work. His efforts will be directed toward providing assurance for the OWNER that the completed project will conform to the requirements of the Contract Documents. On the basis of his on-site observations as an experienced and qualified design professional, he will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies of the work of CONTRACTORS. The ENGINEER will not control the work performed by the CONTRACTOR and will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto, and he will not be responsible for the CONTRACTOR'S failure to perform the work in accordance with the Contract Documents. The ENGINEER will not be responsible for the acts or omissions of the CONTRACTOR, or any subcontractors, or any of his or their agents or employees, or any other persons performing any of the work. The ENGINEER will not perform or be responsible for any hiring, firing, supervision, superintendence, direction of personnel, use of equipment or the direction of the manner or method employed by the CONTRACTORS, their subcontractors, agents, servants or employees, nor will the ENGINEER or his representatives be liable for any claims, suits, damages or liability from any omission or commission by the CONTRACTORS, their subcontractors, agents, servants or employees or any other entity in and during the construction or occurring thereafter or resulting from or incidental to the work of CONTRACTORS, their subcontractors, agents, servants or employees on said project.

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SECTION 5 OWNER'S RIGHTS AND RESPONSIBILITIES

5.1 LANDS AND RIGHTS OF WAY

The OWNER will furnish the necessary lands, rights of way and occupancy permits as are required for the Contract Work, also all lawful authority that may be necessary for approved crossings or occupation of lands or railroads, roads, streets or alleys upon which the Contract Work will be done. The OWNER, shall also pay all costs or fees associated with the obtaining of all lands, rights of way and occupancy permits, except for inspection fees levied by others. The OWNER, unless otherwise specified, shall furnish all property right of way surveys.

5.2 PERMITS

Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the OWNER, unless otherwise specified.

5.3 OWNER'S RIGHT TO CORRECT DEFICIENCIES

Upon failure to perform the work in accordance with the Contract Documents, and after five days' written notice to the CONTRACTOR, the OWNER may, without prejudice to any other remedy he may have, direct the CONTRACTOR not to correct the work and the OWNER may then correct such deficiencies in work intended to become a permanent part of the project.

5.4 UNDERGROUND STRUCTURES

The OWNER does not obligate itself that the location, number, size, character or condition of any underground structures shown on the Contract Plans, such as sewers, water lines or underground structures of public utility companies or others, are correct. Information shown on the Contract Plans as to such underground structures is based on such information as has been obtained from records, surveys and other sources. The Bidder shall make his own independent investigations of these conditions, and no claim for extra compensation will be considered.

5.6 OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT

5.6.1 The OWNER shall have the authority to suspend the work, wholly or in part, for such period or

periods as he may deem necessary due to unsuitable weather or such other conditions as are considered unfavorable to carrying out the provisions of the Contract, or to supplying materials meeting the requirements of the Contract Documents.

The work or any portion thereof may be suspended at any time by the OWNER, provided that he

gives the CONTRACTOR five days' written notice of suspension that shall set forth the date on which work is to be resumed. The CONTRACTOR shall resume the work upon written notice from the OWNER and within ten days after the date set forth in the notice of suspension. If the OWNER does not give written notice to resume work within the ten days of the date fixed in the notice of suspension, the CONTRACTOR may abandon that portion of the work so suspended and shall be entitled to payment only for that portion of the work completed.

If (a) the CONTRACTOR shall be adjudged bankrupt or make an assignment for the benefit of

creditors; or (b) a receiver or liquidator shall be appointed for the CONTRACTOR, or for any of his

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property, and shall not be dismissed within twenty days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within said twenty days; or (c) the CONTRACTOR shall refuse or fail after notice or warning from the ENGINEER to supply enough properly skilled workmen or proper materials; or (d) the CONTRACTOR shall refuse or fail to prosecute the work or any part thereof with such diligence as will ensure its completion within the period herein specified (or any duly authorized extension thereof), or shall fail to complete the work within said period; or (e) the CONTRACTOR shall fail to make prompt payment to persons supplying labor or materials for the work; or (f) the CONTRACTOR shall fail or refuse to regard laws, ordinances or the instructions of the ENGINEER or otherwise be guilty of a substantial violation of any provision of this Contract; then, and in any such event, the OWNER, without prejudice to any other rights or remedy it may have, may, by ten days' notice to the CONTRACTOR, terminate the employment of the CONTRACTOR and his rights to proceed, either as to the entire work or (at the option of the OWNER) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by Contract or otherwise, as the OWNER may deem expedient. In such case, the CONTRACTOR shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the CONTRACTOR hereunder shall exceed the expense of so completing the work (including compensation for additional managerial, administrative and inspection services and damages for delay), such excess shall be paid to the CONTRACTOR. If such expense shall exceed such unpaid balance, the CONTRACTOR and his sureties shall be liable to the OWNER for such excess. If the right of the CONTRACTOR to proceed with the work is so terminated, the OWNER may take possession of, and utilize in completing the work, such materials, appliances, supplies, plant and equipment as may be on the site of the work and necessary therefore. If the OWNER does not so terminate the right of the CONTRACTOR to proceed, the CONTRACTOR shall continue the work.

5.6.2 Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause

and without prejudice to any other right or remedy of OWNER, elect to terminate this CONTRACT AGREEMENT. In such case, CONTRACTOR shall be paid (without duplication of any items) the following:

(a) for completed and acceptable Work executed in accordance with the

Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

(b) for expenses sustained prior to the effective date of termination in

performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;

(c) for amounts paid in settlement of terminated contracts with Subcon-

tractors, Suppliers, and others (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs incurred in connection with termination of contracts with Subcontractors and Suppliers); and

(d) for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other

economic loss or any consequential damages arising out of such termination.

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5.6.3. If the OWNER terminates the Contract under the provisions of paragraph 5.6.1 and is later found to

have terminated the Contract improperly, then the Contract shall be considered to have been terminated in accordance with paragraph 5.6.2.

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SECTION 6 CONTRACTOR'S RIGHTS AND RESPONSIBILITIES

6.1 GENERAL

All work shall be done in strict accordance with the Contract Documents. Observations, construction reviews, tests, recommendations or approvals by the ENGINEER or persons other than the CONTRACTOR shall in no way relieve the CONTRACTOR of his obligation to complete all work in accordance with the Contract Documents. All work shall be done under the direct supervision of the CONTRACTOR. The CONTRACTOR shall be responsible for construction means, methods, techniques and procedures and for providing a safe place for the performance of the work by the CONTRACTOR, subcontractors, suppliers and their employees and for access, use, work or occupancy by all authorized persons. The duties and obligations imposed by these General Conditions, in particular but without limitation the warranties, guarantees and obligations imposed by Paragraphs 3.11 B and 6.18 and the rights and remedies available to the OWNER there under, shall be in addition to, and shall not be construed in any way as a limitation of, any rights or remedies which are otherwise imposed or available by law, or special guarantee or by other provisions of the Contract Documents.

6.2 APPLICABLE LAWS AND REGULATIONS

In all matters not otherwise specified, the Contract shall be subject to the applicable provisions of all Acts of Congress of the United States and of the State in which the work is to be performed, the rules and regulations of the Federal and State governments, the building code and other ordinances of the municipality or other local authority in which the work is located, and the requirements imposed by any required permits. Whenever Federal and/or State grant funds are involved in a project, the CONTRACTOR will be required to comply with the regulations of all such funding agencies. He shall be required to submit all forms and certifications requested by such agencies, and shall cooperate fully with all representatives of such agencies. All work performed for public bodies within the Commonwealth of Pennsylvania, for construction, reconstruction, repair or maintenance shall utilize only steel produced in the United States (in accordance with Act Number 3-1978, the "Steel Products Procurement Act").

6.3 PERMITS, LICENSES AND CERTIFICATES

The CONTRACTOR shall procure all permits and licenses such as, but not limited to, permits authorizing the moving of heavy equipment, except as otherwise indicated, and shall pay all charges and fees and give all notices necessary and incident to the proper and lawful prosecution of the work. He shall also obtain and supply to the OWNER all certificates required to show that the work has been performed in accordance with the building, plumbing, electrical or other codes, rules and regulations of local or other authorities, the Board of Fire Underwriters, or such other like bodies, as the Specifications may require directly or by implication. When the work performed affects the property or facilities of public utility or other corporations or of private persons, he shall obtain from such corporations or persons, if required, statements that the work has been performed satisfactorily so far as their interests are affected and that all claims therefore have been settled by the CONTRACTOR and deliver such statements to the OWNER.

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When new construction is adjacent to or crosses highways, railroads, streets or utilities under the jurisdiction of State, County, City or other public agency, public utility or private entity, the CONTRACTOR shall secure written permission from the proper authority before executing such new construction. A copy of this written permission must be filed with the OWNER before any work is done. The CONTRACTOR shall replace or repair all existing facilities damaged in the execution of this Contract. The CONTRACTOR will be required to furnish a release from the proper authority before final acceptance of the work.

6.4 STRUCTURES OR WORK IN NAVIGABLE STREAMS

The Contractor shall secure permits from the United States Government for any necessary construction work or other activity relative to use of any navigable stream. Occupancy permits for permanent lines, structures or improvements will be obtained by the OWNER. The CONTRACTOR shall place and maintain all signals required by the Federal Government or as otherwise ordered.

6.5 PERMITS AND INSPECTION CHARGES

The OWNER shall be responsible for obtaining all occupancy permits and for the payment of all fees relative thereto required by the various issuing agencies for the installation and location of utility lines in the rights of way of roads, railroads and other thoroughfares. The CONTRACTOR shall be responsible for compliance with all requirements and/or conditions set forth or established by Occupancy Permits obtained by the OWNER. The CONTRACTOR shall determine, in particular, the requirements relative to road, stream and railroad crossings. Charges for inspection, and inspection-related expenses levied by PennDOT, municipalities, counties, railroads and other agencies will be paid by the CONTRACTOR unless otherwise indicated in the Detail Specifications. The OWNER shall not be responsible for obtaining blasting permits. All efforts to obtain these permits and the costs associated therewith shall be the responsibility of the CONTRACTOR. The CONTRACTOR shall comply with all current requirements and regulations of the Commonwealth of Pennsylvania, County, and local agencies having jurisdiction. Any local road bonds required by counties or municipalities shall be furnished and paid for by the CONTRACTOR.

6.6 PROJECT SIGNS

Unless specified otherwise in the Detail Specifications, each CONTRACTOR shall furnish and erect one (1) project sign, with the information set forth below being painted on both sides. Each sign shall be placed perpendicular to the main highway adjacent to the area of work, so that it can be noted by traffic moving in either direction. The sign shall be of substantial construction and made of good quality, one-inch stock lumber with two-inch by one-inch strip molding around the outer edges, the signs to be at least four feet by six feet in dimension. The signs shall be erected on two-inch by four-inch uprights, carefully braced and placed in the ground to the required depth.

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The entire sign on both sides shall be given a priming coat of oil paint, two coats of white oil paint and lettering placed on each side of the sign containing, essentially, the following information: NAME OF OWNER NAME OF MUNICIPALITY IN WHICH PROJECT IS LOCATED TITLE OF JOB CONTRACT NUMBER In cases where funding is provided through the Community Development Block Grant Program, the following additional wording shall appear on the project sign: "This Project was financed (in part) by a grant from the federal Department of HUD, under the administration of the Commonwealth of Pennsylvania, Department of Community and Economic Development" The wording is subject to final approval and may be revised prior to actual initiation of the work. The CONTRACTOR shall, in addition to the foregoing signs, provide all other signs in accordance with detailed instructions as required when any other Federal and/or State grants are involved in the project. The CONTRACTOR shall protect and maintain the signs in good condition throughout the life of the project.

6.7 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT

If the work shall be stopped by order of the OWNER or any public authority for a period of three months without act or default of the CONTRACTOR or any of his agents, servants, employees or subcontractors, the CONTRACTOR may, upon ten days notice to the OWNER, discontinue his performance of the work and/or terminate the Contract, in which event the OWNER shall pay the CONTRACTOR only for the work performed.

6.8 UNDERGROUND STRUCTURES

6.8.1 CONTRACTOR'S BID

Regarding the anticipated or possible interference of existing utilities and other underground structures, the CONTRACTOR'S bid is to be based upon the information shown on the Contract Drawings and/or described in the Specifications and/or which is visibly evident. However, the CONTRACTOR must realize that the information regarding existing utilities contained in the Plans and Specifications may be incomplete and inaccurate. Neither the OWNER nor ENGINEER make any warranty or representation that this information is accurate and the CONTRACTOR assumes all risks that the underground structures and utilities as shown may be inaccurate and that other structures and/or utilities than those shown or described may be encountered. The CONTRACTOR hereby distinctly agrees that the OWNER is not responsible for the correctness or sufficiency of any such information given. The CONTRACTOR must, as part of this Contract make his own independent utility investigations and must locate all known existing utilities and underground structures without reliance on the information given in the Plans and Specifications. The CONTRACTOR shall make no claim for delay or damages against the OWNER or ENGINEER on account of or incorrectness of information given, or on account of the insufficiency or absence of information regarding structures or utilities either revealed or not revealed by the Drawings or Specifications.

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6.8.2 UNDERGROUND UTILITY PROTECTION LAW - ACT 1991-38

(a) General The CONTRACTOR shall adhere to all the requirements of Pennsylvania Act Number 1991-38. A summary of the CONTRACTOR's responsibilities under the Act is as follows. It shall be the duty of each CONTRACTOR who intends to perform excavation or demolition work within the Commonwealth of Pennsylvania: (1) To ascertain types and location of all USERS' lines at the site of the

excavation. (2) To obtain, or ensure that the OWNER has obtained, all necessary

permits. (3) Not less than three nor more than ten working days prior to the day of

beginning such work, to notify each USER of the CONTRACTOR's intent to perform such work at its site or sites, and to request the USER to mark the location of the underground lines at the site. If the CONTRACTOR intends to perform work at multiple sites or over a large area, he shall take reasonable steps to work with USERS so that they may locate their facilities at a time reasonably in advance of actual start of excavation or demolition work at each site. The CONTRACTOR shall be deemed to have given notice under the Act if he calls the Pennsylvania One-Call System.

(4) To exercise due care, and to take all reasonable steps necessary to

avoid injury to or otherwise interfere with all lines where locations have been provided to the CONTRACTOR by the USERS in accordance with the Act. If accurate information is not available, the CONTRACTOR shall employ prudent techniques to ascertain the precise position of such facilities.

(5) If the USER fails to respond to the CONTRACTOR'S timely request

within two work days or the USER notifies the CONTRACTOR that the line cannot be marked within that time frame and a mutually agreeable date for marking cannot be arrived at, the CONTRACTOR may proceed with excavation, providing he exercises due care in his endeavors.

(6) To inform each employee employed by him at the location of such

work of the information obtained by him. The CONTRACTOR and his employees shall:

i. Plan the excavation to avoid damage to or minimize interfer-

ence with the USER'S facilities in the construction area. Excavation which requires temporary or permanent interrup-tion of a USER'S service shall be coordinated with the affected USER in all cases.

ii. After consulting with each USER, provide such support for

USER'S lines in the construction area, including during backfilling operations, as may be reasonably necessary for the protection of such utilities.

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(7) To report immediately to the USER any break or leak on its lines, or

any dent, gouge, groove or other damage to such lines or to their coating or cathotic protection, made or discovered in the course of the excavation or demolition work.

(8) To alert immediately the occupants of premises as to any emergency

that may be created or discovered at or near such premises. (9) The time requirements of Paragraph (3) above shall not apply to the

CONTRACTOR when performing excavation work in an emergency; nonetheless, all USERS must be notified as soon as possible before, during or after excavation, depending upon the circumstances.

(10) The CONTRACTOR shall give such notices as are called for

above through the One-Call system. (11) A CONTRACTOR shall use the color white to mark a proposed

excavation site. (b) Utilities Which are Covered by Act 38 In complying with Paragraph (1) above, the CONTRACTOR shall, in addition to noting all utilities shown on the Contract Plans, inspect the list of USERS on file with the County and shall contact each of the listed USERS to determine the types and location of all USERS' lines at the site of the excavation. The Pennsylvania One-Call System may be utilized in obtaining this information. (c) Utilities Not Covered by Act 38 Underground structures and facilities including those not subject to Act 38, but which are either indicated on the Plans or are mentioned in the Detail Specifications or can be assumed to exist because of visible evidence in the vicinity of the proposed work, shall be accurately located by the CONTRACTOR prior to performing any excavation (other than test holes). The CONTRACTOR shall not rely solely on the Pennsylvania One-Call System in obtaining information relating to utilities not covered by Act 38.

6.8.3 SUBSURFACE EXPLORATION BY CONTRACTOR

It shall be the responsibility of the CONTRACTOR to determine the exact location of all existing underground structures and utilities such as pipes, drains, sewers, electric lines, telephone lines, cable TV lines, gas lines and water lines and the character of all soil materials and conditions before actual construction commences. In addition to any requirements imposed by law, the CONTRACTOR is responsible to perform such subsurface excavation and/or other investigations as will fully inform him of the location of all underground structures and utilities and the character of all soil materials and conditions.

6.8.4 PROTECTION OF EXISTING UTILITIES

The CONTRACTOR shall exercise extreme care to protect all buried, surface and aerial utilities and utility service connections encountered during the work. All facilities and utilities shall be assumed to be in use. The CONTRACTOR shall comply with Pennsylvania Act 1991-38 and shall contact all USERS where utilities are indicated on the Contract Drawings, in the Specifications, are on file with the County, or can otherwise reasonably be expected to exist. After confirmation of the exact location of the existing facilities by the USER, the CONTRACTOR may proceed with the work. If a USER fails to locate

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its facilities, the CONTRACTOR shall use prudent techniques (including hand dug test holes) to locate said USER'S facilities. All existing utilities and service connections damaged by the CONTRACTOR shall be repaired or replaced by the CONTRACTOR or the USER to the satisfaction of the USER and the OWNER and at no additional expense to the OWNER. The CONTRACTOR shall be responsible for and bear all costs of protecting all structures and utilities, both above the ground and below the ground, within and outside the right of way, and all costs of any required relocation of any structures or utilities, and shall repair any damage to any structure or utility to the satisfaction of the USER thereof at no additional expense to the OWNER. The CONTRACTOR shall have the responsibility of providing special means to brace and hold the telephone poles and electric power poles in place during the construction. Materials for temporary support, adequate protection and maintenance for all underground and surface utility structures, drains, sewers and other obstructions encountered in the progress of the work shall be furnished by the CONTRACTOR at his own expense.

6.8.5 OBSTRUCTIONS BY UNDERGROUND UTILITIES AND STRUCTURES

Where the grade or alignment of a new pipeline or a new structure is obstructed by existing utility structures such as conduits, ducts, pipes, branch connections to main sewers, or main drains, the obstruction shall be permanently supported, relocated, removed or reconstructed by the CONTRACTOR in cooperation with the USERS of such utility structures. If a design profile is part of the Contract, no deviation shall be made from the profile except with the consent of the OWNER. Existing pipes or conduits crossing the trench or otherwise exposed shall be adequately braced and supported to prevent trench settlement from disrupting the line or grade of the pipe or conduit, all in accordance with the directions of the USER and OWNER. Utility services broken or damaged shall be repaired at once to avoid inconvenience to customers. Storm sewers shall not be interrupted overnight. Temporary arrangements, as satisfactory to the OWNER and USER, may be used until any damaged items can be permanently repaired. All items damaged or destroyed by construction and subsequently repaired must be properly maintained by the CONTRACTOR until accepted by the USER.

6.8.6 RELOCATION OF EXISTING UTILITIES

Where it is necessary to relocate an existing utility or structure, the work shall be done in such a manner as is necessary to restore it to a condition equal to that of the original facility. No such relocation shall be done until approval is received from the USER or owner of the utility or structure being changed. The CONTRACTOR shall make no claim, and no such claim will be approved, for delays resulting from interference by utilities.

6.9 SURVEYS

Based upon the information provided by the OWNER, the CONTRACTOR shall develop and make all detailed surveys necessary for construction, including slope stakes, batter boards, stakes for pile locations and other working points, lines and elevations. The CONTRACTOR shall carefully preserve bench marks, reference points and stakes, and, in the case of destruction thereof by the CONTRACTOR or resulting from his negligence, the CONTRACTOR shall be charged with the expense and damage resulting there from and

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shall be responsible for any mistakes that may be caused by the loss or disturbance of such bench marks, reference points and stakes.

6.10 LANDS BY CONTRACTOR

Any land and access thereto not specifically shown to be furnished by the OWNER that may be required for temporary construction facilities or for storage of materials shall be provided by the CONTRACTOR with no liability to the OWNER. The CONTRACTOR shall confine his apparatus and storage to such additional areas as he may provide at his expense. Releases shall be obtained by the CONTRACTOR, with copies to the OWNER, from owners of property so utilized.

6.11 PRIVATE AND PUBLIC PROPERTY

In no case shall the CONTRACTOR remove fences or buildings or trespass in any way upon private property without first having entered into an agreement with the owner of the property for such privileges and having filed a certified copy of same with the OWNER. Such agreement shall contain a provision whereby the CONTRACTOR is given the right to remove or level down any unsightly pile or piles of material from excavation placed thereon by virtue of said agreement between the CONTRACTOR and the property owner. He shall be responsible for any damage to property due to extending embankment or cut beyond the limits indicated by the slope stakes. He shall take all proper precautions to preserve all adjacent public and private property and shall protect all land and monuments and property markers until the same have been properly referenced. Where the construction operation necessarily interferes with access to adjoining private property, the CONTRACTOR, at his own expense, shall provide other suitable means of access. Releases shall be obtained by the CONTRACTOR, with copies to the OWNER, from owners of property so utilized.

6.12 REPORTS, RECORDS AND DATA

The CONTRACTOR and each of his subcontractors shall submit to the OWNER such schedules of quantities and costs, schedules, payrolls, reports, estimates, records and other data as the OWNER may request, relative to the work under this Contract. The CONTRACTOR shall at all times keep at the site of the work at least one copy of the Plans and Specifications for use in the guidance of the work and for reference purposes by the ENGINEER or OWNER'S representatives.

6.13 MATERIALS AND EQUIPMENT - SOURCES OF SUPPLY

The CONTRACTOR shall furnish only materials and equipment that conform to the Specifications and any Addenda thereto. Immediately after signing the Contract Agreement the CONTRACTOR shall furnish to the ENGINEER a complete statement of the origin, composition, manufacture and proposed sources of supply for all materials and equipment required for this work, whether supplied by the CONTRACTOR or by any subcontractor. The statement shall include the CONTRACTOR's certification that all materials and equipment will conform to the Specifications. In addition, the CONTRACTOR shall provide six copies of installation, operation and maintenance instructions for each piece of equipment to be furnished. Substitution of alternate equipment to that specified may be requested by the CONTRACTOR, but such request shall include a change in Contract Price for furnishing and installation of such equipment, together with all pertinent equipment specifications.

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When required by the Specifications, shop drawings for equipment shall be submitted to the ENGINEER for his review. Shop drawings shall be accompanied by the CONTRACTOR's certification that he has reviewed and checked the shop drawings and found them to conform to the Specifications. The CONTRACTOR shall submit promptly to the ENGINEER six copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the ENGINEER and the return thereof, the CONTRACTOR shall make such corrections to the drawings as have been indicted and shall furnish the ENGINEER with six corrected copies. If requested by the ENGINEER, the CONTRACTOR must furnish additional copies. Regardless of corrections made to such drawings by the ENGINEER, the CONTRACTOR will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the ENGINEER in writing of any deviations at the time he furnishes such drawings.

6.14 EXAMINATION AND TESTING

All materials and workmanship, if not otherwise stipulated, shall be subject to inspection, examination and test by the ENGINEER and other authorized representatives of the OWNER at all times before, during or after preparation, during the progress of the work, or after the work is completed. The CONTRACTOR, upon request, shall furnish samples of any and all materials in such quantities as may be required properly to determine their quality and suitability for use in work to be done under this Contract. All required tests of materials shall be paid for by the CONTRACTOR, unless otherwise indicated. The selection of bureaus, laboratories and/or agencies for the inspection and testing of supplies, materials or equipment shall be subject to the approval of the OWNER. Satisfactory documentary evidence that the materials have passed the required inspection and tests must be furnished to the OWNER. All materials entering permanent structures, upon which the strength, life or durability depends, shall be tested. The CONTRACTOR shall supply proof of and guarantee the fitness of the materials for the uses to which he places them. In general, a reputable commercial testing laboratory acceptable to the ENGINEER shall perform tests. Where small quantities of such materials are required, certified tests of the manufacturer will be accepted if made by a qualified person in his employ and the reports carry his notarized signature. The extent of testing is more fully outlined in the Contract Documents.

6.15 SPECIFIED BRANDS OF MATERIALS

All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract Documents. Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers and such other, it is intended merely to establish a standard; and any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the ENGINEER, of equivalent substance and function. It shall not be purchased or installed by the CONTRACTOR without the ENGINEER'S written acceptance.

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If it is indicated in the Specifications that the CONTRACTOR may furnish or use a substitute that is equivalent to any material or equipment specified, and if the CONTRACTOR wishes to furnish or use a proposed substitute, he will promptly after the award of the Contract, make written application to the ENGINEER for acceptance of such a substitute certifying in writing that the proposed substitute will perform adequately the duties imposed by the general design, be similar and of equivalent substance to that specified and be suited to the same use and capable of performing the same function as that specified. No substitute shall be ordered or installed without the written acceptance by the ENGINEER who shall be the judge of equality. The cost of all tests and expense of the ENGINEER in witnessing tests and modifying Plans to suit approved substitute equipment shall be borne by the CONTRACTOR. Should it be necessary to modify the work under this Contract or any other Contract to house or install the substitute equipment, it shall be this CONTRACTOR'S responsibility to complete all arrangements, including payment therefore, in order that the substitute equipment may be properly incorporated into the overall contract work.

6.16 TITLE TO MATERIALS

The CONTRACTOR or subcontractor shall not furnish any material for the work that is subject to a chattel mortgage or subject to conditions or interest retained by the seller. The material or equipment must be free of all encumbrances. All surplus materials and equipment removed or replaced under this Contract shall become the property of the CONTRACTOR unless otherwise indicated in the Detail Specifications. When requested, the CONTRACTOR shall furnish to the OWNER a Waiver of Right to File Lien and/or Release of Liens from the CONTRACTOR (as prime contractor) and Releases of Liens from Subcontractors and Material Suppliers. Said releases shall be on forms provided by the OWNER and shall be executed by officers having the authority to do so on behalf of the named entity and shall be properly notarized.

6.17 PATENTS, ROYALTIES AND LICENSES

The CONTRACTOR shall hold and save harmless the OWNER and its officers, agents, servants and employees from liability of any nature or kind, including cost and expenses for or on account of any patent or unpatented invention, process, article or appliance manufactured or used in the performance of the Contract, including its use by the OWNER, unless otherwise specifically stipulated in the Contract documents. If the CONTRACTOR uses any design, device or material covered by letters patent or copyright, he shall provide for such use by suitable agreement with the owner of such patented or copyrighted design, device or material. It is mutually agreed and understood, without exception, that the contract prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. The CONTRACTOR and/or his sureties shall indemnify and save harmless the OWNER from any and all claims for infringement by reason of the use of such patented or copyright design, device or materials or any trademark or copyright in connection with work agreed to be performed under this Contract, and shall indemnify the OWNER for any cost, expense or damage which it may be obligated to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work.

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6.18 SUPERVISION BY CONTRACTOR

The CONTRACTOR will supervise and direct the work efficiently and with his best skill and attention. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR will be responsible to see that the finished work complies accurately with the Contract Documents. The CONTRACTOR will keep on the work at all times during its progress as his agent, a competent English-speaking superintendent who shall not be replaced without written notice to the OWNER and ENGINEER, except under extraordinary circumstances. The superintendent will be the CONTRACTOR'S representative at the site and shall have authority to act on behalf of the CONTRACTOR. All communications given to the superintendent shall be as binding as if given to the CONTRACTOR. It is expressly understood that whenever the terms "superintendence" or "supervision" are used in these Contract Documents, they shall mean the superintendence or supervision provided by the CONTRACTOR. Any visits to the site by the ENGINEER, his representatives, the OWNER, his representatives, or the daily presence of the Resident Project Representative shall not be construed as superintendence or supervision of the project. It is also expressly understood that all superintendence or supervision is provided by and is the sole responsibility of the CONTRACTOR. The CONTRACTOR shall supply, at his own expense, all labor and materials, scaffolds, transportation, runways, water, irons, connections, hoists, tools, structures, etc., of every kind and description, unless otherwise specified, that may be necessary for the completion of the work. The CONTRACTOR shall be responsible for the correlating and control of the various subcontractors and his own work, so that no part will be left in an unfinished condition owing to disagreement between the various subcontractors as to where the work of one begins and ends, with reference to the work of another. Should the work of one subcontractor require the cutting or repairing of the work of another subcontractor, the CONTRACTOR shall be responsible for the expense of all such requirements and alterations.

6.19 CONTRACTOR RESPONSIBLE UNTIL WORK COMPLETED

The CONTRACTOR shall have charge of and be responsible for the entire work until completed and accepted by the OWNER. He shall make no assignment of this Contract without the written consent of the OWNER. He shall give his personal supervision to the faithful prosecution of the work; he shall keep it under his own control; and he shall have a competent representative or foreman on the work who shall have full authority to bring about the orderly and efficient prosecution of the same in accordance with the Contract Agreement and to supply materials, tools, equipment and labor without delay. However, the OWNER, upon request will be permitted to use and/or operate all or a portion of the project before final acceptance of the same. Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the OWNER, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The CONTRACTOR shall remedy any defects in the work and pay for any damage to other work resulting there from, which shall appear within a period of two years or within such longer period as may be prescribed by Law or by the Detail Specifications from the date of final acceptance of the work. The OWNER will give notice of observed defects within reasonable promptness.

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All loss or damage arising out of the nature of the work, or any damage to the work itself to be done under this Contract or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the same, or from the action of the elements, or from any cause or causes whatsoever, until the same shall have been finally accepted, shall be sustained and paid for by the CONTRACTOR.

6.20 LIGHT, HEAT, POWER AND WATER

Unless expressly otherwise stated, the CONTRACTOR shall arrange for, supply and maintain, at his own cost, all light, heat, power and ample water supply required for the proper prosecution and completion of the Contract. When the nature of the work is such that its prosecution interrupts or interferes with existing lighting (including navigation signals), heating, power or water facilities, unless otherwise expressly stated, the CONTRACTOR shall supply and maintain acceptable temporary facilities until the regular facilities again can function or until new facilities are in operation.

6.21 SANITARY PROVISIONS

The CONTRACTOR shall provide and maintain such sanitary accommodations for the use of his employees and those of his subcontractors, as may be necessary to comply with the requirements and regulations of the local and State Departments of Health. It shall be the duty of the CONTRACTOR to see that these regulations are enforced. He will be held responsible for damages due to failure to observe sanitary precautions.

6.22 SAFETY PROVISIONS

In accordance with generally accepted construction practices, the CONTRACTOR shall be solely and completely responsible for conditions of the job site, including safety of all persons and property affected directly or indirectly by his operations during the performance of the work. This requirement will apply continuously twenty-four hours per day until acceptance of the work by the OWNER and shall not be limited to normal working hours. The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: all persons on the Work site or who may be affected by the Work; all the Work and materials and equipment to be incorporated therein, whether in storage on or off

the site; and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,

roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction.

The duty of the ENGINEER to observe the CONTRACTOR'S performance is not intended to include review of the adequacy of the CONTRACTOR'S safety measures in, on or near the construction site.

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If the ENGINEER observes a hazardous situation he may, but will not have the duty to, report the hazardous situation to the CONTRACTOR, OWNER and/or any Federal, State or local authority having jurisdiction over safety matters. If the ENGINEER does report such situation this shall not constitute assumption of responsibility for job safety in this or any other situation and the CONTRACTOR will remain solely responsible for the methods and means of construction and for safety conditions. The CONTRACTOR and subcontractors shall comply with the U. S. Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (P.L. 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (P.L. 91-54). In addition, the CONTRACTOR and subcontractors shall comply with the regulations of any State and/or Federal agency having jurisdiction. The OWNER and/or ENGINEER will in no way be liable or accept liability for any defaults of the CONTRACTORS of the said standards set out in said legislation or regulations.

6.23 WORK DURING AN EMERGENCY

The CONTRACTOR shall perform any work and shall furnish and install any materials and equipment necessary during an emergency endangering life or property. In all cases he shall notify the OWNER of the emergency as soon as practicable, but he shall not wait for instructions before proceeding to properly protect both life and property.

6.24 WARNING SIGNS AND BARRICADES

The CONTRACTOR shall provide adequate signs, barricades, red lights and watchmen and take all necessary precautions for the protection of the work and the safety of the public. All barricades and obstructions shall be protected at night by suitable signal lights which shall be kept burning from sunset to sunrise. Barricades shall be of substantial construction and shall be painted such as to increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades or detours exist.

6.25 PUBLIC CONVENIENCE

The CONTRACTOR shall at all times so conduct his work as to ensure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the work, and to ensure the protection of persons and property. No road or street shall be closed to the public except with the permission of the proper authorities. Fire hydrants on or adjacent to the work shall be kept accessible to fire-fighting equipment at all times. Temporary provisions shall be made by the CONTRACTOR to ensure the use of sidewalks and the proper functioning of all gutters, sewer inlets, drainage ditches and irrigation ditches which shall not be obstructed.

6.26 PROTECTION, SUPPORT AND MAINTENANCE OF STRUCTURES

The CONTRACTOR and subcontractors shall comply with Act 38 of 1991, as amended, which requires proper location of Underground Facilities and utilities prior to any excavation activity. The CONTRACTOR shall so conduct his operations as not to damage existing structures or work installed either by him or by other Contractors. In case of any such damage resulting from his own operation, he shall repair and make good as new the damaged portions at his own expense. The CONTRACTOR shall maintain the service of, shore up, sling, support, protect and make good, as directed, all water pipes, gas pipes, service pipes, sewers and sewer connections, conduits, manholes,

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drains, vaults, buildings, tacks or other structures and substructures of municipalities and public utility companies, and all service lines and structures, including substructures of private abutting owners that are located within the lines of the improvements which may be liable to disturbance or injury during the progress of the work. He shall furnish and place all necessary supports and shall supply all labor and materials necessary to reconnect and restore to the condition existing at the time they were uncovered all such structures which became disturbed or damaged at his own expense. Where underpinning or other removals are specified or where the safety of adjacent or adjoining structures require, the CONTRACTOR shall furnish all labor, material and appliances for shoring. Shoring material shall be sound timber or of steel designed to safely carry the loads; shall be wedged in place to prevent movement of the structures or shoring; and shall be braced where necessary. The CONTRACTOR shall not transfer the load to be supported to the shoring until the same is approved by the OWNER, which approval shall not relieve the CONTRACTOR from any responsibility in connection with this work. Shoring shall not be removed until the permanent work is in proper condition to receive the load. Where ground water exists in quantity or during heavy rains, floods or high water, the CONTRACTOR shall fill all completed or partially completed structures with water to prevent floating or damage to same, or shall provide other types of approved protection, including sewers and pipelines.

6.27 WEATHER CONDITIONS

If a temporary suspension of work should occur during inclement weather, the CONTRACTOR shall protect carefully all work and materials under his Contract against damage or injury from the weather. If, in the opinion of the ENGINEER, damage results to either the work or materials by reason of failure on the part of the CONTRACTOR to protect his work, such materials or work will be removed and replaced by and at the expense of the CONTRACTOR.

6.28 PROTECTION AGAINST FREEZING

All concrete work during cold weather shall be performed in strict accordance with the Standard Specifications relating to concrete work. During the winter months, the footings of all walls, piers and foundations shall be banked with at least two feet of straw and covered over with sand or loam. This protection shall be maintained until all danger from freezing has passed.

6.29 REMOVAL OF WATER

The CONTRACTOR shall at all times during the construction of the work and at the completion for final inspection, provide and maintain ample means or equipment with which to promptly remove and properly dispose of all water entering the excavation or other parts of the work, and keep said excavation dry until the structures to be built therein are completed. No masonry shall be laid in water and water shall not be allowed to rise over masonry until the concrete or mortar has set at least twenty-four hours. All water pumped or drained from the work hereunder shall be disposed of in a suitable manner without damage to adjacent property or to other work under construction, and in accordance with the provisions of these Contract Documents. Such sewers as are built as a part of this Contract may be used for the removal of water, under conditions acceptable to the ENGINEER, but such drains or outlets shall be left in a clean and satisfactory condition at the expiration of the Contract.

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6.30 CONTRACTOR TO PROVIDE WATCHMEN

When the construction work to be done under this Contract is in such proximity to important buildings, railroads, highways or other structures that they may be endangered by slips or blasting, the CONTRACTOR shall provide and place such watchmen as may be required for the safety of persons and property and, in addition, as may be ordered. No additional compensation will be allowed the CONTRACTOR for the services or cost of any such watchmen. When indicated in the Detail Specifications or when a series of losses or damage to the work deems it necessary, the CONTRACTOR shall provide the services of a security guard or watchman during all times when work is not in progress. In the case of a project wherein several contracts are required to complete the work (e.g. general, mechanical, electrical, etc.), it shall be the responsibility of the General Contractor to provide the services of such watchmen or guards.

6.31 FIRES, SIGNS, LOADING AND REFUSE

The CONTRACTOR shall promulgate and enforce rules to prevent and it shall be his duty to prevent: a. the lighting of open fires in or near any structures; b. the erection on or near the work of any sign, billboard or advertisement by the

CONTRACTOR or his subcontractors, except by written order or permission; c. the loading of any part of a structure with a weight greater than it will safety bear; d. the leaving of any refuse on or in the vicinity of the work which will attract mice,

rats or vermin.

6.32 USE OF PREMISES AND REMOVAL OF DEBRIS

The CONTRACTOR expressly undertakes, at his own expense: a. to take every precaution against injuries to persons or damages to property; b. to store his apparatus, materials, supplies and equipment in such orderly fashion at

the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors;

c. to place upon the work, or any part thereof, only such loads as are consistent with

the safety of that portion of the work; d. to frequently clean up all refuse, rubbish, scrap materials, and debris caused by his

operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance;

e. before final payment, to remove all surplus material, false work, temporary

structures, including foundations thereof, construction materials and tools of any description, and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition;

f. to effect all cutting, fitting or patching of his work required to make the same to

conform to the Plans and Specifications, and, except with the consent of the ENGINEER, not to cut or otherwise alter the work of any other CONTRACTOR.

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6.33 EROSION AND SEDIMENTATION CONTROL

6.33.1 REQUIREMENTS FOR EROSION AND SEDIMENTATION CONTROL

In the execution of this work the CONTRACTOR shall take suitable precautions to prevent erosion and siltation and any other pollution of the waters of the Commonwealth. Improper construction practices such as the following are specifically prohibited: Dumping of spoil material into the stream or on the banks thereof where it

may wash or slide into the stream. Excessive or unnecessary operation of equipment in the stream. Pumping of silt-laden water from excavations into the stream. Disposal of trees, brush and other debris into the stream. Altering the flow line of the stream. Work in streams will not be permitted until all necessary permits have been received by the OWNER and the CONTRACTOR has agreed to said permit conditions. All work in the floodplain and stream areas shall be performed in accordance with the requirements established by the Pennsylvania Department of Environmental Resources, the County Conservation District and local municipality. The work in the floodplains shall be performed only when the stream is at or below normal level. The procedure to be followed for crossing the open channel portion of the stream is as follows: A backhoe sitting off to one side of the stream will be used to excavate the trench

across the stream. Random crossing of the stream will not be permitted. The flow will be diverted only to the extent necessary to perform the excavation.

The location of sanitary facilities over or adjacent to streams, wells or springs is

prohibited. All operations shall be conducted in such a manner to minimize turbidity in the

stream at and below the site of the work. The requirements on turbidity as established by the Pennsylvania Department of Environmental Resources shall be met.

Prior to blasting in the vicinity of a stream, the CONTRACTOR shall obtain a

permit from the Pennsylvania Fish Commission and the CONTRACTOR shall comply with the rules and regulations of said Commission governing the use of explosives.

The backfilling of the trench in which the pipe will be laid shall be done so as to

eliminate the formation of a permanent ridge in the stream bed. Installation of the pipeline shall proceed in such a manner as to expedite

completion of the entire crossing as one operation to include removal of the excess material from the stream channel and the restoration and seeding of the disturbed bank areas.

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The CONTRACTOR shall communicate with the Pennsylvania Fish Commission prior to starting the work and shall comply with the rules and regulations of said Commission relative to eliminating any objectionable turbidity during installation of the pipeline.

The CONTRACTOR shall reduce by the greatest extent practicable the area and

duration of exposure of readily erodible soils. The CONTRACTOR shall protect the soils by use of temporary vegetation or

seeding and mulch, or by accelerating the establishment of permanent vegetation. Complete and protect segments of work as rapidly as is consistent with construction schedules.

The CONTRACTOR shall retard the rate of runoff from the construction site and

control disposal of runoff. The CONTRACTOR shall trap sediment resulting from construction in temporary

or permanent silt holding basins. This includes pump discharges resulting from dewatering operations.

The CONTRACTOR shall sprinkle or apply dust suppressors, or otherwise keep

dust within tolerable limits on haul roads and at the site. The CONTRACTOR shall use temporary bridges or culverts where fording of

streams is necessary. Borrow areas should be at a location where pollution from the operation can be minimized. Locations should be avoided where pollution would be inevitable.

Should construction operations be suspended for any appreciable length of time,

temporary measures for the control of erosion must be utilized. Provision shall be made for protection against discharge of pollutants such as

chemicals, fuel, lubricants, sewage and such other materials into the stream.

6.33.2 METHODS FOR EROSION AND SEDIMENTATION CONTROL

Methods that shall be used to prevent erosion and resultant sedimentation are as follows: a. No trees may be removed from stream banks. b. Topsoil will be stripped, stockpiled and protected. c. Stone riprap will be placed on disturbed portions of stream banks at stream

crossings in order to maintain the original alignment thereof. d. Ditches will be backfilled as specified and brought to the original ground surface

elevation, the top layers being from the stripped topsoil stockpile. e. All usable sod and landscaping materials will be replaced on the excavation areas,

or a seeding of ryegrass made on the fertilized backfill areas. f. Critical area vegetation stabilization - Critical areas are those in which cutting,

filling and grading soils with heavy equipment often results in the exposure of soils and subsoils. Certain conditions resulting from such exposure, such as acidity, low

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fertility, compaction, or dryness or wetness, which are unfavorable to plant growth, often prevail. Excessively long slopes and steep grades are often encountered or created. Water disposal structures are normally subjected to hydraulic forces requiring both special establishment techniques and grasses that have high resistance to scouring. However, plants and techniques are available to provide both temporary and permanent protective cover on these difficult sites. These are:

Temporary Measures - These involve seeding with fast growing annuals such

as rye, ryegrass, Sudan grass or other locally adopted vegetation that provides quick protection yet can be worked into the soil when the site is prepared for final seeding of a permanent species. An alternative method is the application of mulch that can be removed, worked into the soil, or successfully overseeded with permanent grass and legume species. Seeding rate will be 4 pounds per 1,000 square feet and mulching rate will be 1 bale per 1,000 square feet for straw or 35 pounds per 1,000 square feet for fiber.

Materials that may be used as mulch includes straw, fiberglass, wood chips or

fiber, and mechanically sprayed asphalt wood fiber slurry, and plastics or other synthetics.

Permanent Vegetation - For both sodding and seeding, there is a fairly wide

choice of grasses, legumes and other plants for use on critical areas. The final choice of species should be determined by weighing such factors as adaptability, use, aesthetic requirements, a degree of maintenance that can be expected and other special considerations.

g. FILTER FABRIC FENCE - The filter fabric fence installation will be inspected after

every runoff event and any required repairs will be made immediately. Required repairs to filter fabric fence shall include, but not be limited to: Erosion of the toe anchor, tears in the fabric, weathering, broken posts, and broken guy wires. All undercutting or erosion of the toe anchor will be repaired immediately with compacted backfill materials. Manufactures' recommendations for replacing filter fabric fence due to weathering will be followed. Broken or leaning posts will be reset and guyed as required. Broken guy wires will be replaced. Any fence sections with torn fabric will be replaced in its entirety. Accumulated sediments will be removed as required to keep the fence functional. Sediment deposits will be removed when silt has accumulated to 1/2 of the above ground fence height. Replace any section of filter fence that has been undermined or overtopped with a rock filter outlet.

. All protection devices shall be installed prior to the performance of any work in the area and will be removed after completion of the work. The suitable precautions used will depend on the many variables encountered during construction. The ENGINEER will determine the method or methods to use to prevent erosion and the resultant siltation. As the work proceeds, the disturbed area shall promptly be graded in such a manner as to minimize erosion and shall be seeded with a type of vegetation accepted by the ENGINEER as appropriate to the site. All areas on which grading and final preparations prior to seeding are completed after October 15th will be well mulched and protected from erosion until such time in the spring of the year when effective seeding can be undertaken.

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No areas of bare, unvegetated or unpaved soil will be exposed for a period of time exceeding twenty calendar days. In addition, the principles stated in the Soil and Erosion and Sedimentation Control Handbook issued by the Pennsylvania Department of Environmental Resources, and as set forth in the Erosion and Sedimentation Control Plan prepared and approved for the project, shall hereby be made a part of the Contract Documents as the guide and standards for the techniques to be followed for the control of erosion and sedimentation.

6.34 EMPLOYMENT REQUIREMENTS

A. Equal Employment Opportunity (1) The CONTRACTOR will be required to comply with Title VI and other

applicable provisions of the Civil Rights Act of 1964; the Department of Labor Equal Opportunity Clause (41 CFR 60-1.4); the President's Executive Order 11246, 29 CFR Part 30, and all related laws, amendments and regulations of the Federal and State governments as relate to equal employment opportunity.

(2) Contractor will be required to comply with the Architectural Barriers Act of

1968 and Section 504 of the Rehabilitation Act of 1973; PA Act 235 of 1965 as amended and the Americans with Disabilities Act (ADA) of 1990. These acts require that no otherwise qualified individual with a disability in the United States, shall solely by reason of his or her disability, be excluded from access or employment on any portion of this project.

(3) The CONTRACTOR shall not discriminate against any applicant for

employment, employee or any independent CONTRACTOR or any other person because of race, color, religious creed, ancestry, national origin, age, sex or family status.

(4) The CONTRACTOR shall take affirmative action to ensure that applicants are

employed, and that employees or agents are treated during employment, without regard to their race, color, religious creed, ancestry, national origin, age or sex. Such affirmative action shall include, but is not limited to the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training.

(5) The CONTRACTOR shall post in conspicuous places, available to employees,

agents, applicants for employment and other persons, notices setting forth the provisions of this nondiscrimination clause.

(6) The CONTRACTOR shall in solicitations or advertisements placed by him or

in his behalf state that all qualified applicants will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age or sex.

(7) The CONTRACTOR shall send each labor union or workers' representative

with which he has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or worker's representative of his commitment to this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for

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employment. Similar notices shall be sent to every other source of recruitment utilized by CONTRACTOR.

(8) It shall be no defense to a finding of a noncompliance with Executive Orders

indicated in Paragraph 6.34 A (1) above or any Regulations issued pursuant to said Executive Orders of this nondiscrimination clause that the CON-TRACTOR had delegated some of his employment practices to any union, training program or other source of recruitment which prevents him from meeting his obligations.

(9) Where the practices of a union or any training program or other source of

recruitment will result in the exclusion of minority group persons, so that the CONTRACTOR will be unable to meet his obligations under Executive Orders or any Regulations issued pursuant to said Executive Order or this nondiscrimination clause, the CONTRACTOR shall then employ and fill vacancies through other employment procedures without regard to race, color, religious creed, ancestry, national origin, sex or age, taking affirmative action to obtain qualified minority group persons.

(10) The CONTRACTOR shall comply with all rules, regulations and orders

issued by Federal and State governments relating to laws prohibiting discrimination in hiring or employment opportunities. In the event of the CONTRACTOR'S noncompliance with the nondiscrimination clause of this Contract or with any such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the CONTRAC-TOR may be declared ineligible for further contracts, and such other sanctions may be imposed and remedies invoked as provided by rule, regulation or order of Federal or State governments, or as otherwise provided by law.

(11) The CONTRACTOR shall furnish all information and reports required by

Federal or State governments and will permit access to his books, records and accounts by appropriate agencies, for purposes of investigation to ascertain compliance with provisions of Executive Orders indicated in Paragraph 6.34 A (1) or any Regulations issued pursuant to said Executive Orders or this nondiscrimination clause.

(12) The CONTRACTOR shall actively recruit minority subcontractors or

subcontractors with substantial minority representation among their employees.

(13) The CONTRACTOR shall include the provisions of Paragraphs 6.33 A (1)

through 6.33 A (10) in every subcontract or purchase order, so that such provisions will be binding upon each subcontractor or vendor or other person.

(14) The terms used in this nondiscrimination clause shall have the same

meaning as in the Contract Compliance Regulations issued pursuant to Executive Order 1972-1 and Executive Order 11246.

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B. Employment of Local Labor It shall be the CONTRACTOR'S responsibility, to the maximum extent practicable, to provide new job opportunities for the unemployed and under-employed in the area in which the project is located, and the CONTRACTOR shall insert a similar provision in each construction subcontract for this project. C. Minimum Wage Rates The minimum wage rates for each craft or classification of all workers needed to perform this Contract during the anticipated term hereof shall, where applicable, be governed by the "Pennsylvania Prevailing Wage Act" (43 P.S. 165-1 to 165-17). The CONTRACTOR'S attention is directed to this statute so that the applicable provisions of the Act shall be strictly adhered to in the performance of this Contract. Failure to adhere to the applicable provisions of the Act shall be sufficient grounds for the OWNER to declare this Contract in default or to terminate this Contract. The minimum wage rates applicable to all Contracts, as established and to the extent available are included with the Contract Specifications. D. Pennsylvania Prevailing Wage Act All Contracts having an estimated or actual construction cost in excess of $25,000 performed within the Commonwealth of Pennsylvania which are not subject to the Walsh-Healey Act or the Davis Bacon Act, shall be subject to the Pennsylvania Prevailing Wage Act. For Contracts subject to the provisions of the Pennsylvania Prevailing Wage Act, the Prevailing Wage Predetermination shall become a part of the Contract and all of the provisions of said Act are included herein by reference. The general prevailing minimum wage rates including contributions for employee benefits as shall have been determined by the Secretary of Labor and Industry must be paid to all workers employed in the performance of the Contract. The CONTRACTOR shall pay no less than the wage rates as determined in the decision of the Secretary of Labor and Industry and shall comply with the conditions of the Pennsylvania Prevailing Wage Act, as amended, and the Regulations issued pursuant thereto, to assure the full and proper payment of said rates. All workers shall be paid no less than such general prevailing minimum wage rates and such other provisions to assure payment thereof as heretofore set forth in these Specifications. These provisions shall apply to all work performed on the Contract by the CONTRACTOR and to all work performed on the Contract by all CONTRACTORS. The CONTRACTOR shall insert in each of his subcontracts all of the stipulations contained in these required provisions and such other stipulations as may be required. No workers may be employed on the public work except in accordance with the classifications set forth in the decision of the Secretary. In the event that additional or different classifications are necessary, the procedure set forth in Section 7 of the Act shall be followed.

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All workers employed or working on the public work shall be paid unconditionally, regardless of whether any contractual relationship exists or the nature of any contractual relationship which may be alleged to exist between any CONTRACTOR, subcontractor and workers, not less than once a week without deduction or rebate, on any account, either directly or indirectly, except authorized deductions, the full amounts due at the time of payment, computed at the rates applicable to the time worked in the appropriate classifications. Nothing in the Contract, the Act, or these Specifications shall prohibit the payment of more than the general prevailing minimum wage rates as determined by the Secretary, to any workers on public work. The CONTRACTOR and each subcontractor shall post for the entire period of construction, the wage determination decisions of the Secretary, including the effective date of any changes thereof, in a prominent and easily accessible place or places at the site of the work and at such place or places used by them to pay workers their wages. The posted notice of wage rates must contain the following information: (1) Name of project. (2) Name of public body for which it is being constructed. (3) The crafts and classifications of workers listed in the Secretary's general

prevailing minimum wage determination for the particular project. (4) The general prevailing minimum wage rates determined for each craft and

classification and the effective date of any changes. (5) A statement advising workers that if they have been paid less than the general

prevailing minimum wage rate for their job classification or that the CONTRACTOR and/or subcontractor are not complying with the Act in any manner whatsoever, they may file a protest in writing with the Secretary of Labor and Industry within three (3) months of the date of the occurrence, objecting to the payment to any CONTRACTOR to the extent of the amount or amounts due or to become due to them as wages for work performed on the public work project. Any workers paid less than the rate specified in the Contract shall have civil right of action for the difference between the wage paid and the wages stipulated in the Contract, which right of action must be exercised within six (6) months from the occurrence of the event creating such right.

The CONTRACTORS and all subcontractors are required to submit, as a condition for the approval of periodic payments, a copy of the payroll document covering the project work period for which a progress payment is requested. This documentation is necessary in order for the Department to enforce the Contract requirement for the payment of the Pennsylvania Prevailing Minimum Wage Rates including the indicated fringe benefits. Payroll documents are to include the following information: (A) Names of all workers covered by the Pennsylvania Prevailing Minimum Wage Act. (B) Trade or craft by hours of time worked during the payment period. (C) Hourly rate, plus mandatory fringe benefits, as required for the various trades or

crafts under the minimum wage requirements.

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The CONTRACTOR and all subcontractors shall keep an accurate record showing the name, craft and/or classification, number of hours worked per day, and the actual hourly rate of wage paid (including employee benefits) to each workman employed by him in connection with the public work, and such record must include any deductions from each workman. The record shall be preserved for two years from the date of payment, and shall be open at all reasonable hours to the inspection of the OWNER and to other authorized officials. Apprentices shall be limited to such numbers as shall be in accordance with a bona fide apprenticeship program registered with and approved by the Pennsylvania Apprenticeship and Training Council, or similar applicable program in other States, and only apprentices whose training and employment are in full compliance with the provisions of the Apprenticeship and Training Act approved July 14, 1961, (Act Number 304) and the Rules and Regulations issued pursuant thereto shall be employed on the public work project. Any workman using the tools of a craft who does not qualify as an apprentice within the provisions of this subsection shall be paid the rate predetermined for journeymen in that particular craft and/or classification. Wages shall be paid without any deductions except authorized deductions. Employers not parties to a Contract requiring contributions for which the Secretary has determined to be included in the general prevailing minimum wage rate shall pay the monetary equivalent thereof directly to the workers. Payment of compensation to workers for work performed on public work on a lump sum basis, or a piece work system, or a price certain for the completion of a certain amount of work, or the production of a certain result shall be deemed a violation of the Act and these Specifications, regardless of the average hourly earnings resulting there from. Each CONTRACTOR and each subcontractor shall file a statement each week and a final statement at the conclusion of the work on the Contract with the OWNER, under oath, and upon an approved form which will be supplied by the OWNER, certifying that all workers have been paid wages in strict conformity with the provisions of the Act, or if any wages remain unpaid to set forth the amount of wages due and owing to each workman respectively.

6.35 MINORITY AND WOMEN BUSINESS ENTERPRISES

The promotion and encouragement of minority and/or women business enterprises is a commitment and objective of the OWNER. The goals and objectives of Executive Orders 11625 and 12138 will be enforced under this Contract. The CONTRACTOR agrees to abide by these Executive Orders and by the OWNER's Minority and Women Business Enterprise Plan (MBE/WBE Plan) and to involve Minority and Women Business Enterprises to the greatest extent feasible on the Project, either as subcontractors, material suppliers, or service providers. All records of solicitation and utilization of MBEs and WBEs will be kept and submitted to the OWNER by the CONTRACTOR as required by the OWNER's MBE/WBE Plan. The MBE/WBE Plan may be reviewed in its entirety at the office of the OWNER.

6.36 DATE OF STARTING AND COMPLETING WORK

The Contract Work shall be started immediately upon receipt of a written notice (or at a maximum of within 10 days) from the OWNER and shall be continued in full force until completion, unless approval to suspend work is granted by the OWNER or unless delays occur due to unfavorable weather. The work shall be completed in the number of days after the date of notice to proceed as indicated in the Contract Documents.

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Before filing his bid, the Bidder shall have made all arrangements to be fully equipped to expeditiously carry on all work in case he is awarded a Contract and shall have made all arrangements to permit immediate transportation to the site of the work of all equipment, materials and other facilities required to execute the work. In scheduling his operations, the CONTRACTOR shall take into consideration all delays that may reasonably be expected to occur due to unfavorable weather; failure of public utilities or others to install, remove or adjust their structures when required; and the uncertainties prevailing on account of a national emergency in regard to obtaining critical materials and labor to complete the various portions of such work in time. If the Notice To Proceed has not been issued within the time stated in the Instructions To Bidders or any extensions to said time, the Contract Time will commence to run no later than 45 days following issuance of the Notice of Award.

6.37 ORDER OF WORK

Where the order of work is stated in the Contract, the CONTRACTOR shall comply therewith unless given written permission to change such orders. Where the order is not so stated, the CONTRACTOR, before starting the work, shall submit to the OWNER a schedule setting forth the order in which he will start and complete the various portions of the work and, upon acceptance of said schedule, shall strictly conform thereto unless given written permission to depart there from. Immediately after execution and delivery of the Contract, and before the first partial payment is made, the CONTRACTOR shall deliver to the OWNER an estimated construction progress schedule, including schedule of shop drawings, in form satisfactory to the OWNER, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due to the CONTRACTOR in accordance with the progress schedule.

6.38 PROSECUTION OF WORK

The CONTRACTOR shall prosecute the work diligently, so that it may be completed as promptly as conditions may permit in an economical manner within the Contract period. If the work is not being prosecuted satisfactorily, in the judgment of the OWNER, the OWNER may after fifteen days' written notice to the CONTRACTOR, declare the CONTRACTOR in default and notify the CONTRACTOR'S Surety to proceed with the work accordingly, or, if he so desires, the OWNER may cancel the Contract and pay to the CONTRACTOR the price of the work actually completed as determined by the ENGINEER. Upon payment of such amount, all obligation of the OWNER shall be deemed as fulfilled and terminated.

6.39 COMPETENT WORKERS

The CONTRACTOR shall employ only competent and efficient laborers and first class mechanics or artisans for every kind of work, including supervision. Whenever, in the opinion of the OWNER, any man is unfit to perform his task or does his work contrary to directions, or conducts himself improperly, the CONTRACTOR shall remove him from the work immediately and not employ him again on the project.

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6.40 SUBCONTRACTING

The CONTRACTOR may utilize the services of qualified subcontractors on those parts of the work that, under normal contracting practices, are performed by subcontractors specializing in the particular class of work. The CONTRACTOR shall not award any work to any subcontractor without prior written approval by the OWNER, which approval will not be considered until the CONTRACTOR submits to the OWNER, a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the OWNER, may require. The CONTRACTOR shall advise each approved subcontractor of his anticipated work schedule and payment schedule and shall inform him of the subcontractor's rights and duties with respect to the Payment Bond furnished under this Contract. The CONTRACTOR shall be as fully responsible to the OWNER for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The CONTRACTOR shall cause appropriate provisions to be inserted in all sub-contracts relative to the work to bind subcontractors to the CONTRACTOR by terms of the General Conditions and other Contract Documents, insofar as applicable to the work of the subcontractors, and to give the CONTRACTOR the same power as regards terminating any subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents. All provisions of law and regulation, whether related to funding requirements or otherwise, shall apply equally to all subcontractors as well as prime CONTRACTORS. For convenience of reference and to facilitate the letting of contracts and subcontracts, the Specifications are separated into titled sections. Such separation shall not, however, operate to make the OWNER nor the ENGINEER, an arbiter to establish limits to the contracts between CONTRACTOR and subcontractor. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the OWNER. In the absence of good and sufficient reasons, within twenty days of the receipt of payment by the CONTRACTOR, the CONTRACTOR shall pay all subcontractors with whom he has contracted their earned share of the payment the CONTRACTOR received.

6.41 WORK BY OTHERS

The OWNER may perform additional work related to the project by himself, or he may let other direct contracts therefore which shall contain standard contract provisions similar to these. The CONTRACTOR will afford the other CONTRACTORS who are parties to such direct contracts (or the OWNER, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate his work with theirs. If any part of the CONTRACTOR'S work depends for proper execution or results upon the work of any such other CONTRACTOR (or the OWNER), the CONTRACTOR will inspect and promptly report to the ENGINEER in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. His failure so to report shall constitute an acceptance of the other work as fit and proper for the relationship of his work except as to defects and deficiencies which may appear in the other work after the execution of his work.

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The CONTRACTOR will do all cutting, fitting and patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by such other work. The CONTRACTOR will not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the ENGINEER. If the performance of additional work by other CONTRACTORS or the OWNER is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional work. If the CONTRACTOR believes that the performance of such additional work by the OWNER or others involves him in additional expense or entitles him to an extension of the Contract time, he may make a claim therefore and submit said claim to the ENGINEER for review.

6.42 COOPERATION OF TRADES

If, under this Contract, any part or parts of the work are called for to be furnished or erected by trades or classifications of mechanics other than those directly employed by the CONTRACTOR, it is expressly understood that the CONTRACTOR shall sublet such work or engage mechanics of such special trades to execute the same for him. The arrangement of titles, headings, subheadings and interrelations of paragraphs and references of the Contract Documents are not intended to be such as will designate and describe in one place all work to be done by the one trade or classification of mechanics. The OWNER shall not be brought into any dispute or controversy by reason of the form in which the work is herein described, nor shall the manner of its presentation be construed as interference by the OWNER with jurisdiction of other trade rules, regulations or arrangements.

6.43 COOPERATION OF CONTRACTORS

If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or subcontractors by agreement if such other CONTRACTOR or subcontractors will so settle. If such other CONTRACTOR or subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and save harmless the OWNER and/or ENGINEER against any such claim. The CONTRACTOR shall coordinate his operations with those of other CONTRACTORS. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The CONTRACTOR, including his subcontractors, shall keep informed of the progress and the detail work of other CONTRACTORS and shall notify the ENGINEER immediately of lack of progress or defective workmanship on the part of other CONTRACTORS. Failure of a CONTRACTOR to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work.

6.44 NOTICE OF IMPERFECT WORK OR MATERIAL

If any part of the work is dependent for proper execution or appearance on the character or condition of the work of another CONTRACTOR or CONTRACTORS, the State, the County or a municipal or other local authority, the CONTRACTOR shall report to the OWNER, in writing, any imperfections therein or any conditions that render it unsuitable for the reception of his work. In case the CONTRACTOR proceeds without making such written report, he shall be held to have accepted such work and the existing conditions and shall be responsible for any defects in his work consequent thereon, and

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shall not be relieved thereby of any of the obligations of the Contract or of any guarantee because of any such imperfections or conditions.

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SECTION 7 PAYMENTS TO THE CONTRACTOR

7.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT

Except in cases where unit prices form the basis for payment under the Contract, the CONTRACTOR shall, within ten days of receipt of Notice of Award, submit a complete breakdown of the Contract amount showing the value assigned to each part of the work, including an allowance for profit and overhead. Upon acceptance of the breakdown of the Contract amount by the ENGINEER, it shall be used as the basis for all requests for payment.

7.2 PARTIAL MONTHLY PAYMENTS

Upon the CONTRACTOR having fulfilled his reporting requirements (Davis Bacon, Section 3, MBE/WBE, etc.) and all other contractual obligations and on the basis of an estimate prepared and certified by the CONTRACTOR and accepted by the ENGINEER and the OWNER, the OWNER will approve partial payment to the CONTRACTOR. Approval of partial payment will take place no more frequently than once each calendar month and will conform to the meeting schedule of the OWNER. The CONTRACTOR will be notified as to the date each month when requests for partial payment must be submitted to the ENGINEER. Because of processing time required by governmental bodies, the OWNER estimates that it will take approximately 30-45 days to process partial payments once approved by the OWNER. The CONTRACTOR acknowledges this fact and agrees that no claim for extra payment or interest will be made due to the failure of the OWNER to make prompt payment.

7.3 RETAINAGE

Unless otherwise indicated in the Contract Documents, the OWNER will retain ten percent (10%) of the total cost of the work performed, as shown on the approved payment estimate, until the work is fifty percent (50%) complete, and will reduce the retainage to five percent (5%) of the total cost of the work performed when the work is more than fifty percent (50%) complete; provided, that the ENGINEER approves the application for payment and provided further that the CONTRACTOR is making satisfactory progress and there is no specific cause for greater withholding. However, that in the event a dispute arises between the OWNER and any prime CONTRACTOR, which dispute is based upon increased costs claimed by one prime CONTRACTOR occasioned by delays or other actions of another prime CONTRACTOR, additional retainage in the sum of one and one-half 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 OWNER to indemnify the OWNER against the claim. The OWNER may also withhold payment, in whole or in part, to the extent necessary and permitted by law to protect himself from loss on account of any of the following: a. Defective work.

b. Evidence indicating the probable filing of claims by other parties against the CONTRACTOR that may adversely affect the OWNER.

c. Failure of the CONTRACTOR to make payments due to subcontractors, material suppliers or employees.

d. Damage to another CONTRACTOR.

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7.4 PAYMENT FOR UNCORRECTED WORK

Should the OWNER direct the CONTRACTOR not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the Contract amount shall be made to compensate the OWNER for the uncorrected work.

7.5 PAYMENT FOR REMOVAL OF REJECTED WORK AND MATERIALS

A. General The removal of rejected work and materials and the re-execution of acceptable work by the CONTRACTOR shall be at the expense of the CONTRACTOR, and he shall pay the cost of replacing the work of other contractors destroyed or damaged by the removal of the rejected work or materials and the subsequent replacement of acceptable work. B. Removal by OWNER Removal of rejected work or materials and storage of materials by the OWNER shall be paid by the CONTRACTOR within thirty days after written notice to pay is given by the OWNER. If the CONTRACTOR does not pay the expenses of such removal and after ten days' written notice being given by the OWNER of his intent to sell the materials, the OWNER may sell the materials at auction or at private sale and will pay to the CONTRACTOR the net proceeds there from after deducting all the costs and expenses that should have been borne by the CONTRACTOR.

7.6 ESTIMATES OF ENGINEER TO BE FINAL

On unit price items, the amount of work will be estimated and paid for at contract unit prices, computing the quantities thereof in accordance with the provisions of the Contract Agreement. When the dimensions of the Plans have been exceeded without written order of the OWNER, the dimensions of the Contract Plans shall be used in making the estimates and as the basis of compensation. The measurements taken and estimates and certificates made by the ENGINEER shall be final and conclusive evidence of the amount of acceptable materials furnished, and of acceptable work performed by the CONTRACTOR under and by virtue of this Contract and shall be taken as the full measure of compensation to be received by the CONTRACTOR.

7.7 STATED ALLOWANCES

The Bidder shall include in his Proposal the cash allowances, if any, stated in the Detail Specifications. The CONTRACTOR shall purchase the allowed materials as directed by the OWNER. If the actual price for purchasing the allowed materials is more or less than the cash allowance, the Contract Price shall be adjusted accordingly. The adjustment in Contract Price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental expenses.

7.8 REQUESTS FOR EXTRA COMPENSATION

All requests for extra compensation over and above the amount agreed upon in the Contract Agreement on account of any alterations or changes, or for any extra work or requests for additional time to complete the Contract, shall be filed, in writing, with the OWNER by the CONTRACTOR, having attached thereto a copy of the original order executed by both the OWNER and CONTRACTOR for such alterations or changes or extra work, within thirty (30) days after the completion of said alterations or changes or extra work.

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Should the CONTRACTOR fail to notify the OWNER in advance, as required, or to submit his claim within thirty days, as required above, it will be taken as conclusive evidence that no claim exists. The basis of payment for extra work shall be as described in Paragraph 2.8.

7.9 NO CHARGE FOR DELAY

Unless otherwise provided in the Contract Documents, the CONTRACTOR shall make no charge or claim whatsoever for any hindrance or delay in the progress of the work, except that he may claim an extension of time for the completion of the work, as indicated in Paragraph 7.10.

7.10 LIQUIDATED DAMAGES

The time in which each Contract and the work there under is to be completed by the individual CONTRACTOR or OWNER shall be as stated in the Proposal or elsewhere in the Contract Documents. Should the successful CONTRACTOR fail to complete the work within the time specified in his Proposal, the CONTRACTOR agrees that the OWNER may deduct and retain out of the monies that may be due, or may become due to him under the Contract, an amount equivalent to that sum, if any, stated on the Form of Proposal, for each day, including Saturdays, Sundays and Legal Holidays that the work in part or as a whole remains incomplete beyond the time stipulated in the Contract Documents, which sum shall not be considered as a penalty, but as a sum mutually agreed upon as the ascertained damages suffered by the OWNER because of the delay. This deduction shall be made on the monthly estimates after the expiration of the Contract time. Permitting the CONTRACTOR to continue and finish the work, or any part of it, after the time fixed for its completion, in part or as a whole, shall in no wise operate as a waiver on the part of the OWNER of his rights under the Contract. However, the OWNER, upon request by the CONTRACTOR and recommendation of the ENGINEER, may at its discretion waive the penalty on account of delay due to causes over which the CONTRACTOR has no control.

7.11 FINAL PAYMENT

When the project is substantially complete the CONTRACTOR may request a final inspection and submit an application for final payment. Within 30 days after receipt of the request for final inspection, the ENGINEER shall perform a "Final Inspection" of the Contractor's work. If the project is "Substantially Complete," the ENGINEER shall issue a certificate of "Substantial Completion," and shall process the application for Final Payment. Upon the CONTRACTOR having fulfilled all his reporting requirements (Davis Bacon, Section 3, MBE/WBE, etc.) and all other contractual obligations and upon the OWNER receiving the Final Payment Request prepared and certified by the CONTRACTOR and accepted by the ENGINEER and the OWNER, the OWNER will approve final payment to the CONTRACTOR for all work completed and the amount retained shall be no more than one and one-half times the amount necessary to complete any then remaining uncompleted minor items, as determined by the ENGINEER. The ENGINEER shall list in detail each and every uncompleted item and a reasonable cost of completion. Because of processing time required by governmental bodies, the OWNER estimates that it will take approximately 30-45 days to process the final payment once approved by the OWNER. The CONTRACTOR acknowledges this fact and agrees that no claim for extra payment or interest will be made due to the failure of the OWNER to make prompt payment. Prior to final payment, the CONTRACTOR will furnish the OWNER with a two-year Maintenance Bond in the amount of one hundred percent of the final contract amount covering the guarantee for two years for any required or necessary maintenance or repairs on the completed project or necessary maintenance of highway surface or base. Also prior to final payment the CONTRACTOR will provide a Consent of Surety To Final Payment from the Surety which issued the Performance and Payment Bonds, accompanied by a properly executed Power of Attorney, and indicating that all claims for labor and material on the project have been satisfied and the Surety consents to

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have the final payment released to the CONTRACTOR. Final payment of any amount so withheld for the completion of minor items shall be processed upon final completion of the project and the final invoice prepared and certified by the CONTRACTOR and accepted by the ENGINEER and OWNER.

7.12 ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE

The acceptance by the CONTRACTOR of the Final Payment shall be and shall operate as a release to the OWNER from the CONTRACTOR from all claims and all liability for all things done or furnished in connection with this work and for every act and neglect of the OWNER relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the CONTRACTOR or his sureties from any obligations under this Contract or the Performance, Payment and/or Maintenance Bonds.

SPECIAL CONDITIONS

SC-1

SPECIAL CONDITIONS

FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT

All Contractors shall comply with the Federal Occupational Safety and Health Act of 1970. Each Contractor and all subcontractors pursuant to the Contract shall at all times comply with all applicable Federal, State and Local laws, provisions, and policies governing Safety and Health, including the Federal Register Chapter XVII, Part 1926 of title 29 code of Federal Regulations, Occupational Safety and Health Regulations for Construction, and all subsequent republications updating these regulations. Each Contractor and all subcontractors pursuant to the contract shall have the sole responsibility to take any and all needed action as reasonably necessary to protect the life, health, and general occupational welfare of all personnel on the job, as well as the general public in and around the construction site. WAGES AND SALARIES

Attention of Bidders is particularly called to the requirements concerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents for any bid in excess of $25,000.00 and the completion of employment with respect to certain categories and classifications of employees.

WAGE RATES

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TECHNICAL SPECIFICATIONS

Nottingham Township TABLE OF CONTENTS Widmer Engineering Inc.

Beagle Clun Road Slide Project TECHNICAL SPECIFICATIONS

01000-1

SECTION 01000

TABLE OF CONTENTS - TECHNICAL SPECIFICATIONS

SECTION TITLE 01001 Special Provisions 01090 Reference Standards 01300 Approved Equal Materials and Products and Submittals 01500 Mobilization 02300 Earthwork 02310 Earthwork for Utilities 02486 Finish Grading & Seeding 02515 Site Concrete 02570 Subgrade 02580 Bituminous Paving 02631 Storm Sewer System

END OF SECTION 01000

Nottingham Township SPECIAL PROVISIONS Widmer Engineering Inc.

Beagle Club Road Slide Project

01001-1

SECTION 01001 SPECIAL PROVISIONS PART 1 - GENERAL 1.1 Section Includes: A. Special Provisions related to the Technical Specifications. PART 2 - PRODUCTS Not Used. PART 3 - EXECUTION 3.1 Scope of Work. A. The Contractor shall furnish all labor, materials, equipment, machinery, apparatus

and tools, and perform all operations necessary to install, equip and put in to satisfactory operation, the work specified herein and shown on the Drawings.

All work shall be done in accordance with applicable portions of the Specifications. Any labor, materials, equipment, or apparatus not specifically mentioned herein or shown on the Drawings, which may be necessary for the proper completion of the entire work or of the individual items thereof, within the intent of these Specifications and Drawings, shall be furnished by the Contractor without additional compensation.

B. All work described in these Specifications and as shown on the Drawings shall be

conducted in a manner to avoid any and all interruption of current operations at surrounding sites.

3.2 Specifications Incorporated By Reference.

The latest edition of the Pennsylvania Department of Transportation (PennDOT) Publication 408 Specifications, and all supplements thereto, are incorporated by reference into these Technical Specifications.

3.3 Standard Drawings Incorporated By Reference.

The latest edition of the Pennsylvania Department of Transportation (PennDOT) Standard Drawings are incorporated by reference into these Technical Specifications.

3.4 Local Roads. A. The Contractor shall cooperate with municipal officials in maintaining safe and

passable conditions on all roads, streets, and alleys affected by the work. Detours may be established only with written approval of officials having jurisdiction. A copy of such approval must be submitted to the Owner or Owner’s Representative

Nottingham Township SPECIAL PROVISIONS Widmer Engineering Inc.


01001-2

and approved by him before becoming effective. Nothing in this section shall operate to release the Contractor from his responsibilities under his Surety Bond.

3.5 Existing Utilities. A. The Contractor is cautioned of the existence in the project area of underground

utility lines. Every reasonable effort has been made to show the existence and location of the known utility lines in the general area of project construction. However, this information cannot be guaranteed as being accurate.

The depth and size of all existing utilities in the project area shall be verified in the field by the Contractor with a representative from the appropriate utility company. The Contractor shall be responsible for notifying all utility companies at least seventy-two (72) hours before any work commences on this project.

Pennsylvania One-Call 1-800-242-1776 3.6 Construction Stake-Out A. The Contractor is responsible for the stakeout of all construction work included in

this Contract. The Contractor shall furnish the Owner or Owner’s Representative with such assistance as he may require in checking any alignment, elevation or measurement of the Contractor's work.

3.7 As-Built Plans A. The Contractor is required to maintain accurate and complete logs of his work of

any locations where the proposed work is revised from that shown on the Plans. This shall include dimensions to show surface features. All revisions will be noted on a set of Plans in a neat fashion. The Contractor shall give these to the Owner or Owner’s Representative at the completion of the work and within thirty (30) days of substantial completion and no later than final payment.

PART 4 - BASIS OF PAYMENT 4.1 Special Provisions – Incidental. No additional compensation. END OF SECTION 01001

Nottingham Township REFERENCE STANDARDS Widmer Engineering Inc.


01090-1

SECTION 01090 REFERENCE STANDARDS PART 1 - GENERAL 1.1 Section Includes A. Quality assurance. B. Schedules of references. 1.2 Quality Assurance A. For products or workmanship specified by association, trade, or Federal

Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes.

B. Conform to reference standard by date of issue current on date of Contract

Documents. C. Obtain copies of standards when required by Contract Documents. D. Should specified reference standards conflict with Contract Documents, request

clarification from the Owner or Owner’s Representative before proceeding. E. The contractual relationship of the parties to the Contract shall not be altered from

the Contract Documents by mention or inference otherwise in any reference document.

1.3 References AA Aluminum Association 818 Connecticut Avenue, N.W. Washington, DC 2006 AABC Associated Air Balance Council 1000 Vermont Avenue, N.W. Washington, DC 20005 AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC 20001 ACI American Concrete Institute Box 19150 Reford Station Detroit, MI 48219



01090-2

ADC Air Diffusion Council 230 North Michigan Avenue Chicago, IL 60601 AIA American Institute of Architects 1735 New York Avenue, N.W. Washington, DC 20006 AISC American Institute of Steel Construction 400 North Michigan Avenue Eighth Floor Chicago, IL 60611 AISI American Iron and Steel Institute 1000 16th Street, N.W. Washington, DC 20036 AMCA Air Movement and Control Association 30 West University Drive Arlington Heights, IL 60004 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 APA American Plywood Association Box 11700 Tacoma, WA 98411 ARI Air-Conditioning and Refrigeration Institute 1815 North Fort Myer Drive Arlington, VA 22209 ASHRAE American Society of Heating, Refrigerating nd Air Conditioning Engineers 1791 Tullie Circle, N.E. Atlanta, GA 30329 ASME American Society of Mechanical Engineers 345 Eat 47th Street New York, NY 10017 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235



01090-3

AWI Architectural Woodwork Institute 2310 South Walter Reed Drive Arlington, VA 22206

AWPA American Wood-Preservers' Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society 550 LeJeune Road Miami, FL 33135 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60195 EJMA Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains, NY 10604 FGMA Flat Glass Marketing Association 3310 Harrison White Lakes Professional Building Topeka, KS 66611 FM Factory Mutual System 1151 Boston-Providence Turnpike Norwood, MA 02062 FS Federal Specification General Services Administration

Specifications and Consumer Information Distribution Section (WFSIS)

Washington Navy Yard, Bldg. 197 Washington, DC 20407 GA Gypsum Association 1603 Orrington Avenue Evanston, IL 60201 IEEE Institute of Electrical and Electronics Engineers 345 East 47th Street IMIAC International Masonry Industry All-Weather Council International Masonry Institute 815 15th Street, N.W. Washington, DC 20005



01090-4

MIL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 ML/SFA Metal Lath/Steel Framing Association 221 North LaSalle Street Chicago, IL 60601 NAAMM National Association of Architectural Metal Manufacturers 21 North LaSalle Street Chicago, IL 60601 NEMA National Electrical Manufacturers' Association 2101 L Street, N.W. Washington, DC 20037 NFPA National Fire Protection Association 1619 Massachusetts Avenue, N.W. Washington, DC 20036 PennDOT Commonwealth of Pennsylvania Department of Transportation PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077 PS Product Standard U.S. Department of Commerce Washington, DC 20203 SDI Steel Deck Institute Box 3812 St. Louis, MO 63122 SDI Steel Door Institute 712 Lakewood Center North Cleveland, OH 44107 SMACNA Sheet Metal and Air Conditioning Contractors' 8224 Old Court House Road Vienna, VA 22180 SSPC Steel Structures Paint Council 4400 Fifth Avenue Pittsburgh, PA 15213



01090-5

TAS Technical Aid Series Construction Specifications Institute 601 North Madison Street Alexandria, VA 22314 UL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 WCLIB West Coast Lumber Inspection Bureau Box 23145 Portland, OR 97223 PART 2 - PRODUCTS Not Used. PART 3 - EXECUTION Not Used. PART 4 - BASIS OF PAYMENT Not Used. END OF SECTION 01090

Nottingham Township APPROVED EQUAL MATERIALS AND Widmer Engineering Inc. Beagle Club Road Slide Project PRODUCTS AND SUBMITTALS

01300-1

SECTION 01300

APPROVED EQUAL MATERIALS AND PRODUCTS AND SUBMITTALS PART 1 - GENERAL 1.1 Section Includes: A. Approved Equal Materials and Products. B. Submittals. PART 2 - PRODUCTS Not Used. PART 3 - EXECUTION 3.1 Description

A. Wherever possible throughout the Contract Documents, the minimum acceptable quality of workmanship and materials has been defined by the manufacturer's name and catalog number, reference to recognized industry and government standards, or description of required attributes and performance.

To ensure that the specified products are furnished and installed in accordance with design intent, these procedures have been established for the submission and approval of equal materials and products prior to the opening of bids and the submission and approval of all specified materials and products and duly approved equal materials and products following the award of the Contract.

3.2 Approved Equal Materials and Products

A. The various materials and products specified in the Contract Documents by name and description are provided to establish a standard of quality. It is not the intent to limit the acceptance to any one material or product specified, but rather to name or describe a material or product as a minimum standard that is desired and acceptable. Where proprietary names are used, whether or not followed by the words "or approved equal", "equal to", or "or equal," equal materials and products may be approved by the Owner and/or Owner’s Representative.

B. Any Bidder who desires to have alternate manufacturer’s equipment considered

as equal to that named in these Specifications shall do the following: The Bidder shall submit to the Owner and/or Owner’s Representative three (3) copies of detailed computations, shop drawings, certified, stamped, and sealed by a Registered Pennsylvania Professional Engineer, samples, and/or manufacturer’s literature as required to document that the proposed equal material or product meets or exceeds the Specifications. These shop drawings shall clearly identify and illustrate any discrepancies or revisions required to make the alternate equipment fit, connect, and operate as the intended design, including electrical design and charge requirements. The perspective Bidder and/or alternate


01300-2

manufacturer shall pay all costs to the Owner for design engineering and construction costs (if any) required to make the alternate equipment fit and work in accordance with these Contract Documents. This shall be done no less than ten (10) days prior to Bid Opening date so the Owner and/or Owner’s Representative has adequate time to review the information submitted.

C. Upon completion of review of this material, the Owner and/or Owner’s

Representative shall determine whether the alternate item meets the appropriate Specifications. If the Owner and/or Owner’s Representative feels that the alternate material is acceptable and meets the Specifications, they shall notify all perspective Bidders of such by Addendum. By doing this, all Bidders will have the option to formulate their Bid using either the specified item or the “approved equal” item.

D. If the Owner and/or Owner’s Representative deems that an alternate material is

not considered equal to that specified, they shall notify only the Bidder or manufacturer’s agent who submitted the prequalification material of his denial.

E. The decision of the Owner and/or Owner’s Representative regarding whether to

approve an alternate material or item shall be final. There shall be no consideration of alternate items after Bid Opening.

3.3 Submittals

A. Within ten (10) days after the award of the Contract and before any items are submitted for approval, the Contractor shall submit to the Owner and/or Owner’s Representative three (3) copies of a submittal schedule. The Contractor shall compile a complete and comprehensive schedule of all submittals anticipated during progress of the work. The Contractor shall include a list of each type of item for which Contractor's drawings, Shop Drawings, Certificates of Compliance, material samples, guarantees, or other types of submittals are required. Upon approval by the Owner and/or Owner’s Representative, this schedule will become part of the Contract and the Contractor will be required to adhere to the schedule except when specifically otherwise permitted.

B. Submittals shall be made for all materials and products used in the Project. The

Contractor shall assume all liability for proceeding without approval of the submittals and/or for using materials and products not approved by the Owner and/or Owner’s Representative.

C. Unless the precise color and pattern is specifically described in the Contract

Documents, and whenever a choice of color or pattern is available in a specified product, the Contractor shall submit accurate color and pattern charts to the Owner and/or Owner’s Representative for review and selection.

D. The Contractor shall certify that any materials and products used in the work

comply with all specified provisions thereof. Certification shall not be construed as relieving the Contractor from furnishing satisfactory materials if, after tests are performed on selected samples, the material is found to not meet specified requirements.


01300-3

Certification shall be in the form of letter or company standard forms containing all required data. Certificates shall be signed by an officer of the manufacturing or fabricating company.

PART 4 - BASIS OF PAYMENT 4.1 Approved Equal Materials and Products and Submittals -Incidental. No additional

compensation.

END OF SECTION 01300

Nottingham Township MOBILIZATION Widmer Engineering Inc


01500-1

SECTION 01500 MOBILIZATION

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Mobilization. PART 2 - PRODUCTS

Not Used. PART 3 - EXECUTION

3.1 This work is the assembly and set-up of the general plant required to comply with the

contract and with local and state laws and regulations. General plant includes contractor's offices, shops, plants, storage areas, and sanitary or other facilities, if required. The work includes obtaining the required permits, insurance, bonds, and any other initial items required for the start of the work.

3.2 Provide adequate material and furnishings required. These material and furnishings will

not be considered a part of the other completed contract items. PART 4 - BASIS OF PAYMENT

4.1 Mobilization - Lump Sum in accordance with the following schedule: A. Whenever work is performed equal to 10% of the total contract price, excluding the

bid price for this item, the amount bid for mobilization or 3% of the total contract price, excluding the bid price for this item, whichever is less, will be paid.

B. Whenever work is performed equal to 25% of the total contract price, excluding the

bid price for this item, any remaining amount bid for mobilization or an additional 2% of the total contract price, excluding the bid price for this item, whichever is less, will be paid.

C. Upon completion of the project, any remaining amount bid for mobilization will be

paid. END OF SECTION

Nottingham Township EARTHWORK Widmer Engineering Inc. Beagle Club Road Slide Project 02300-1

SECTION 02300 - EARTHWORK

PART I – GENERAL


A. Protection, modification, or installation of utilities as site work progresses with particular

attention to grade changes and necessary staging or phasing of work.

B. Cutting, filling, and grading to required lines, dimensions, contours, and elevations for proposed improvements.

C. Scarifying, compacting, drying, dewatering and removal of unsuitable material to ensure

proper preparation of areas for fills or proposed improvements.

1.2 RELATED SECTIONS

A. Section 02486 – Finish Grading and Seeding

1.3 REFERENCE STANDARDS

A. American Society for Testing and Materials (ASTM) latest edition

1. D 422 Standard Test Method For Particle – Size Analysis of Soil 2. D 698 Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-

lbf/ft3 (600 kN.m/m3)) 3. D 1557 Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-

lbf/ft3 (2,700 Kn.m/m3)) 4. D 2216 Laboratory Determination of Water (Moisture) Content of Soil, Rock, and Soil-

Aggregate Mixtures 5. D 2487 Classification of Soils for Engineering Purposes 6. D 2922 Density of Soil and Soil-Aggregate In Place by Nuclear Methods (Shallow

Depth) 7. D 3017 Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth)

8. D 4318 Liquid Limit, Plastic Limit, and Plasticity Index of Soils B. American Association of State Highway and Transportation Officials (AASHTO) latest

edition 1. T 88 Particle Size Analysis of Soils 2. State Department of Transportation (DOT): Standard Specifications for Construction

and Materials, Latest Edition

1.04 QUALITY ASSURANCE

A. An independent testing laboratory, selected and paid by Owner, may be retained to perform

construction testing on site.

1. The independent testing laboratory shall prepare test reports that indicate test location,

elevation data, and test results. Owner and/or Owner’s Representative and Contractor

shall be provided with copies of reports within 96 hours of time that test was performed.

In event that test performed fails to meet Specifications, the independent testing

laboratory shall notify Owner and Contractor immediately.


2. Costs related to retesting due to failures shall be paid for by Contractor at no additional

expense to Owner. Contractor shall provide free access to site for testing activities.

3. Quality assurance testing shall be in accordance with Part 3, Section 3.08, “Field

Quality Control”.

1.05 SUBMITTALS

A. Submit 30-pound sample of each type of off-site fill material that is to be used at the site in

airtight container(s) for the independent testing laboratory or submit gradation and

certification of aggregate material that is to be used at the site to the independent testing

laboratory for review.

B. Submit name of each material supplier and specific type and source of each material.

Change in source throughout project requires approval of Owner.

C. If fabrics or geogrids are to be used, design shall be submitted for approval to Owner.

D. Submit Dewatering Plans upon request by Owner.

PART 2 – PRODUCTS

2.01 MATERIALS

A. Excavated and re-used material for subsoil fill as specified herein. Fill material shall be free

of topsoil, organic matter, slag, red-dog, pyritic/carbonaceous material, coal, and other

deleterious material.

B. Aggregate fill as specified. C. Imported fill material approved by the Owner, Owner’s Representative, and/or Geotechnical

Engineer specified herein.

D. Topsoil fill as specified.

E. Acceptable stabilization fabrics and geogrids as specified.

F. Filter and drainage fabrics as specified.

2.02 EQUIPMENT

A. Transport off-site materials to project using well-maintained and operating vehicles. Once

on site, transporting vehicles shall stay on designated haul roads and shall at no time

endanger improvements by rutting, overloading, or pumping.

2.03 SOURCE QUALITY CONTROL

A. In areas to receive pavement, California Bearing Ratio (CBR) or Limerock Bearing Ratio

(LBR) test shall be performed for each type of material that is imported from off-site.

B. Following tests shall be performed as part of construction testing requirements on each

type of on-site or imported soil material used as compacted fill:

1. Moisture and Density Relationship: ASTM D 698 (or ASTM D 1557)


2. Mechanical Analysis: AASHTO T 88 (or ASTM D422)

3. Plasticity Index: ASTM D 4318

PART 3 - EXECUTION

3.01 PREPARATION

A. Identify required lines, levels, contours, and datum.

B. Locate and identify existing utilities that are to remain and protect from damage.

C. Notify utility companies to remove or relocate public utilities that are in conflict with

proposed improvements.

D. Protect plant life, lawns, fences, existing structures, sidewalks, paving, and curbs, unless

otherwise noted on construction drawings from excavating equipment and vehicular traffic.

E. Protect benchmarks, property corners, and other survey monuments from damage or

displacement. If marker needs to be removed it shall be referenced by licensed land

surveyor and replaced, as necessary, by same.

F. Remove from site, material encountered in grading operations that, in opinion of the Owner,

Owner’s Representative, and/or Geotechnical Engineer is unsuitable or undesirable for

backfilling, subgrade, or foundation purposes. Dispose of in manner satisfactory to Owner.

Backfill areas with layers of suitable material and compact as specified herein. G. Prior to placing fill in low areas, such as previously existing creeks, ponds, or lakes,

perform following procedures:

1. Drain water out by gravity with ditch having flow line lower than lowest elevation in low

area. If drainage cannot be performed by gravity ditch, use adequate pump to obtain

the same results.

2. After drainage of low area is complete, remove mulch, mud, debris, and other

unsuitable material by using acceptable equipment and methods that will keep natural

soils underlying low area dry and undisturbed.

3. All muck, mud, and other materials removed from low areas shall be dried on-site by

spreading in thin layers for observation by the Owner and/or Owner’s Representative.

Material shall be inspected and, if found to be suitable for use as fill material, shall be

incorporated into lowest elevation of site filling operation, but not under building

subgrade or within 10'-0" of perimeter of building subgrade or paving subgrade. If, after

observation by the Owner and/or Owner’s Representative, material is found to be

unsuitable, unsuitable material shall be removed from site.

H. Dewatering:

1. General:

a. Design and provide dewatering system using accepted and professional methods

consistent with current industry practice to eliminate water entering the excavation

under hydrostatic head from the bottom and/or sides. Design system to prevent

differential hydrostatic head, which would result in floating out soil particles in a


manner, termed as a “quick” or “boiling” condition. System shall not be dependent

solely upon sumps and/or pumping water from within the excavation where

differential head would result in a quick condition, which would continue to worsen

the integrity of the excavation’s stability.

b. Provide dewatering system of sufficient size and capacity to prevent ground and

surface water flow into the excavation and to allow all Work to be installed in a dry

condition.

c. Control, by acceptable means, all water regardless of source and the Contractor is

fully responsible for disposal of the water.

d. Confine discharge piping and/or ditches to available easement or to additional

easement obtained by Contractor. Provide necessary permits and/or additional

easement at no additional cost to Owner.

e. Control groundwater in a manner that preserves strength of foundation soils, does

not cause instability or raveling of excavation slopes, and does not result in

damage to existing structures. Where necessary to these purposes, lower water

level in advance of excavation, utilizing wells, wellpoints, jet educators, or similar

positive methods. The water level as measured by piezometers shall be

maintained a minimum of 3 feet below prevailing excavation level. f. Commence dewatering prior to any appearance of water in excavation and

continue until Work is complete to the extent that no damage results from

hydrostatic pressure, flotation, or other causes.

g. Open pumping with sumps and ditches shall be allowed, provided it does not result

in boils, loss of fines, softening of the ground, or instability of slopes.

h. Install wells and/or wellpoints, if required, with suitable screens and filters, so that

continuous pumping of fines does not occur. Arrange discharge to facilitate

collection of samples by the Owner. During normal pumping, and upon

development of well(s), levels of fine sand or silt in the discharge water shall not

exceed 5 ppm. Install sand tester on discharge of each pump during testing to

verify that levels are not exceeded.

i. Control grading around excavations to prevent surface water from flowing into

excavation areas.

j. No additional payment will be made for any supplemental measures to control

seepage, groundwater, or artesian head.

2. Design:

a. Contractor shall designate and obtain the services of a qualified dewatering

specialist to provide dewatering plan as may be necessary to complete the Work.

b. Contractor shall be responsible for the accuracy of the drawings, design data, and

operational records required.

c. Contractor shall be solely responsible for the design, installation, operation,

maintenance, and any failure of any component of the system.


3. Damages:

a. Contractor shall be responsible for and shall repair without cost to the Owner any

damage to work in place, or other contractor’s equipment, utilities, residences,

highways, roads, railroads, private and municipal well systems, adjacent structures,

natural resources, habitat, existing wells, and the excavation. Including, damage to

the bottom due to heave and including but not limited to, removal and pumping out

of the excavated area that may result from Contractor’s negligence, inadequate or

improper design and operation of the dewatering system, and any mechanical or

electrical failure of the dewatering system.

b. Remove subgrade materials rendered unsuitable by excessive wetting and replace

with approved backfill material at no additional cost to the Owner.

4. Maintaining Excavation in Dewatering Condition:

a. Dewatering shall be a continuous operation. Interruptions due to power outages, or

any other reason will not be permitted.

b. Continuously maintain excavation in a dry condition with positive dewatering

methods during preparation of sub-grade, installation of pipe, and construction of

structures until the critical period of construction and/or backfill is completed to

prevent damage of sub-grade support, piping, structure, side slopes, or adjacent

facilities from flotation or other hydrostatic pressure imbalance.

c. Provide standby equipment on site, installed, wired, and available for immediate

operation if required to maintain dewatering on a continuous basis in the event any

part of the system becomes inadequate or fails. If dewatering requirements are not

satisfied due to inadequacy or failure of dewatering system, perform such work as

may be required to restore damaged structures and foundation soils at no

additional cost to Owner.

d. System maintenance shall include but not be limited to 24-hour supervision by

personnel skilled in the operation, maintenance, and replacement of system

components and any other work required to maintain excavation in dewatered

condition.

5. System Removal:

a. Remove dewatering equipment from the site, including related temporary electrical

service.

b. Wells shall be removed or cut off a minimum of 3 feet below final ground surface,

capped, and abandoned in accordance with regulations by agencies having

jurisdiction.

3.02 EXCAVATION FOR FILLING AND GRADING

A. Classification of Excavation: By submitting bid, Contractor acknowledges that site has

been investigated to determine type, quantity, quality, and character of excavation work to

be performed. Excavation shall be considered unclassified excavation, except as

otherwise indicated in the Contract Documents and Geotechnical Report. Unclassified

excavation shall include removal of all existing man-made and natural obstructions, soils


and rock to proposed sub-grade elevations, regardless of character of materials and

obstructions encountered.

B. When performing grading operations during periods of wet weather, provide adequate

dewatering, drainage and ground water management to control moisture of soils.

C. Shore, brace, and drain excavations as necessary to maintain excavation as safe, secure,

and free of water at all times.

D. Rock or stone less than 24 inches in largest dimension when mixed with smaller diameter

material to create a well-graded fill is acceptable as fill to within 10 feet of the surface of

proposed sub-grade.

E. Rock or stone with a maximum size of 8 inches in the largest dimension when mixed with

smaller diameter material to create a well-graded fill is acceptable as fill within 10 feet of

the surface of proposed sub-grade.

3.03 FILLING AND SUBGRADE PREPARATION

A. Fill areas to contours and elevations shown on Construction Drawings with unfrozen

materials. No topsoil or organic materials shall be used as fill material.

B. Place fills in continuous lifts specified herein.

C. Areas exposed by excavation or stripping and on which sub-grade preparations are to be

performed shall be scarified to minimum depth of 8-inches and compacted to minimum of

95 percent of maximum density, in accordance with ASTM D 698 (or 92 percent of

maximum density, in accordance with ASTM D 1557) at moisture content of not less than 1

percent below and not more than 3 percent above optimum moisture content. These areas

shall then be proof rolled to detect areas of insufficient compaction. Proof rolling shall be

accomplished by making minimum of 2 complete passes with fully-loaded tandem-axle

dump truck with a maximum weight of 20 tons, or approved equal, in each of 2

perpendicular directions while under the supervision and direction of the independent

testing laboratory. Areas of failure shall be excavated and recompacted as specified

herein.

D. Fill materials used in preparation of sub-grade shall be placed in lifts or layers not to

exceed 8-inches loose measure and compacted to 95 percent of maximum density, in

accordance with ASTM D 698, (or 92 percent of the maximum density, in accordance with

ASTM D 1557) at moisture content of not less than 1 percent below and not more than 3

percent above optimum moisture content.

E. Fill materials shall consists of excavated materials free of topsoil, organic matter, slag, red

dog, pyritic/carbonaceous material, coal and other deleterious material as specified in the Earthwork section of the technical specifications. Rock or stone less than 24 inches in largest dimension when mixed with smaller material to create a well-graded fill is acceptable as fill to within 10 feet of the finished surface. Rock or stone with a maximum size of 8 inches in the largest dimension when mixed with smaller diameter material to create a well-graded fill is acceptable as fill within 10 feet of the finished surface.

Fill materials shall be placed in lifts or layers not to exceed 8-inches loose measure and compacted utilizing roller or compactor equipment as approved by PennDOT. The fill materials shall be compacted with a minimum of four (4) passes of the compaction


equipment or until non-movement of the soils are observed beneath the compaction equipment. Soft or yielding fill areas shall be removed and replaced with suitable fill materials. The removed soils shall be adequately dried and recompacted.

Final ground surfaces shall vary uniformly between indicated elevations. The final surface shall be graded to promote positive storm drainage without ponding.

3.04 MAINTENANCE OF SUBGRADE

A. Verify finished subgrades to ensure proper elevation and conditions for construction above

subgrade.

B. Protect subgrade from excessive wheel loading during construction, including concrete

trucks, dump trucks, and other construction equipment. Compact and seal all subgrade at

the end of each day.

C. Remove areas of finished subgrade found to have insufficient compaction density to depth

necessary and replace in manner that will comply with compaction requirements by use of

material equal to or better than best subgrade material on site. Surface of subgrade after

compaction shall be hard, uniform, smooth, stable, and true to grade and cross-section.

Grade subgrade to drain if subbase placement operations are not imminent.

3.05 BORROW AND SPOIL SITES

A. Contractor shall be responsible for compliance with NPDES and local erosion control

permitting requirements for any and all on-site and off-site, disturbed spoil and borrow

areas. Upon completion of spoil and/or borrow operations, clean up spoil and/or borrow

areas in a neat and reasonable manner to the satisfaction of off-site property owner, if

applicable, Owner and/or Owner’s Representative.

3.06 RIP-RAP

A. Place rip-rap in areas where indicated on Construction Drawings. Stone for rip-rap shall

consist of field stone or rough unhewn quarry stone as nearly uniform in section as is

practical. Stones shall be dense, resistant to action of air and water, and suitable for

purpose intended.

B. Dress slopes and other areas to be protected to line and grade shown on Construction

Drawings prior to placing of rip-rap. Undercut areas to receive rip-rap to elevation equal to

final elevation less average diameter of stones before placing rip-rap.

C. Install filter fabric and bedding stone prior to placement of rip-rap if so indicated on

Construction Drawings. Bedding stone shall be quarried and crushed angular limestone, 6-

inches in depth in accordance with the details.

D. Place stones so that greater portion of weight is carried by earth and not by adjacent

stones. Place stones in single layer with close joints. Upright areas of stone shall make

angle of approximately 90 degree with embankment slope. Place courses from bottom of

embankment upward, with larger stones being placed in lower courses. Fill open joints with

spalls. Embed stones in embankment as necessary to present uniform top surface such

that variation between tops of adjacent stones shall not exceed 3-inches.


3.07 FINISH GRADING

A. Grade areas where finish grade elevations or contours are indicated on Construction

Drawings, other than paved areas and buildings, including excavated areas, filled and

transition areas, and landscaped areas. Graded areas shall be uniform and smooth, free

from rock, debris, or irregular surface changes. Finished subgrade surface shall not be

more than 0.10-feet above or below established finished subgrade elevation. Ground

surfaces shall vary uniformly between indicated elevations. Grade finished ditches to allow

for proper drainage without ponding and in manner that will minimize erosion potential. For

topsoil, sodding and seeding requirements refer to Section 329119.

B. Correct settled and eroded areas within 1 year after date of completion at no additional

expense to Owner. Bring grades to proper elevation. Replant or replace grass, shrubs,

bushes, or other vegetation that appears dead, dying, or disturbed by construction

activities.

3.08 FIELD QUALITY CONTROL

A. Field density tests for in-place materials may be performed at the expense of the OWNER

as part of construction testing requirements in accordance with the following standard:

1. Nuclear Method: ASTM D 2922 (Method B-Direct Transmission)

B. Perform density test as follows:

1. Building Subgrade Areas, Including 10'-0" Outside of Exterior Building Lines: In cut

areas, not less than 1 compaction test for every 5,000 sq. ft. In fill areas, same rate of

testing for each 8-inch lift, measured loose.

2. Areas of Construction Exclusive of Building Subgrade Areas: In cut areas, not less than

1 compaction test for every 10,000 sq. ft. In fill areas, same rate of testing for each 8-

inch lift, measured loose.

C. Corrective measures for non-complying compaction:

1. Remove and recompact deficient areas until proper compaction is obtained at no

additional expense to Owner.

PART 4 – MEASUREMENT AND PAYMENT

4.01 A. Earthwork shall be paid as specified on the Project Bid Sheet.

END OF SECTION

Nottingham Township EARTHWORK FOR UTILITIES Widmer Engineering Inc. Beagle Club Road Slide Project

02310-1

SECTION 02310 - EARTHWORK FOR UTILITIES

PART 1 - GENERAL

1.0 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section.


A. Excavate trenches for sanitary and storm piping and structures and all utility installation and for appurtenances as required.

B. Compacted bedding under pipe.

C. Backfilling and compaction of sanitary sewers and force mains, laterals, manholes, and related appurtenances.

1.2 NOT USED

1.3 REFERENCES

A. Pennsylvania Department of Transportation Publication 408/Latest Edition

B. Pennsylvania Code, Title 67, Chapter 459, Occupancy of Highways by Utilities/Latest Edition

C. ANSI/ASTM D-1557 - Test Methods for Moisture-Density Relations of Soils and Soil- Aggregate Mixtures, Using 5.5 lb. Rammer and 12 inch Drop.

1.4 SUBMITTALS

A. Submit in accordance with contract

1.5 TRENCHING REGULATIONS

A. In open trenching or boring on State, County or Township roadways, the Contractor shall be governed by the conditions, restrictions, and regulations made by the Pennsylvania Department of Transportation and municipal authority. All such regulations shall be considered part, as if included plus the ones set down in these Specifications.


02310-1

B. The Contractor shall be responsible at all times for carrying out all excavation operations in a safe and prudent manner to protect all workmen and the public from unreasonable hazard. The necessary sheeting and bracing should be determined in accordance with the field conditions encountered. All applicable OSHA requirements must be strictly adhered to.

C. All sheeting and/or shoring devices used in depths over 8 feet shall be designed and certified by a Professional Engineer registered in the State of Pennsylvania. Such certification shall be provided to the Owner and/or Owner’s Representative prior to the use of such devices.

1.6 EXCAVATION

A. All trench excavation shall be unclassified.

1.7 BLASTING

A. No blasting shall be permitted.

1.8 TRAFFIC MAINTENANCE

A. The Contractor shall be required to submit to the Owner and/or Owner’s Representative for review and approval his maintenance and traffic control plan prior to beginning construction (if applicable). The plan shall be based upon the latest publication of the PennDOT Publication 203.

B. The Contractor shall furnish the necessary guards, watchmen, warning lights and similar items necessary to maintain state highway and other road/street traffic in accordance with PennDOT requirements. In general, the Contractor will not be permitted to interrupt traffic without specific arrangements for detouring traffic in accordance with PennDOT requirements. When traffic cannot be detoured, a minimum of 1/2 the roadway width shall be open at all times with traffic control.

1.9 WORK DURING INCLEMENT WEATHER

A. The Owner and/or Owner’s Representative reserves the right to order cessation of work during inclement weather, if, in the opinion of the Owner and/or Owner’s Representative, the safety of the workman is endangered or if the work itself is endangered.

1.10 ACCESS AND INSPECTION

A. All work in this section is subject to inspection by the Owner and/or Owner’s Representative and shall have full access to the project for same.

PART 2 - PRODUCTS

2.1 BACKFILL MATERIALS

A. #2A Coarse aggregated per PENNDOT PUB. 408, Section 703

B. AASHTO #10 or 1-B Crushed aggregated per PENNDOT PUB 408, Section 703.

C. AASHTO #57 Coarse aggregate

D. Suitable excavated material free of debris, organic material, and rock larger than four (4) inches.

E. Other as specified by utility company.


02310-1

2.2 CONCRETE BACKFILL

A. Concrete shall meet the requirements of Section 03300, Cast-in-Place Concrete for Class B (2500 PSI/28 Days).

PART 3 - EXECUTION

3.1 EXAMINATION

A. The Contractor's attention is directed to his responsibilities in accordance with PA Act 287. Any underground utilities shown on construction drawings should be verified prior to beginning construction.

B. Maintain and protect existing utilities remaining which pass through work area.

C. Before starting any earthwork activity under this Section, the Contractor shall insure that all Erosion and Sedimentation Controls are in place.

D. Verify backfill materials to be used are acceptable.

E. Verify that survey benchmarks and intended elevations for Work are as shown on the Drawings.

3.2 PREPARATION

A. Identify required lines, levels, contours, and datum.

B. Protect plant life, lawns, and other features remaining as a portion of final landscaping.

C. Protect benchmarks, existing structures, fences, sidewalks, paving, and curbs from excavation equipment and vehicular traffic.

D. In the event of damage, immediately make all repairs and replacements as required by the Owner and/or Owner’s Representative at no additional cost to the Owner.

3.3 EXCAVATION

A. Where trenching occurs through bituminous or concrete pavement, the edge(s) shall first be cut through full depth to preclude distortion of remaining edge(s) during excavation.

B. Excavate subsoil required for utility installation and appurtenances. Allow for bedding/support depth as indicated on the drawings. Use laser to maintain grade specified for sanitary sewers.

C. Cut trenches sufficiently wide to enable installation of utilities and allow inspection.

D. Excavation shall not interfere with normal forty-five (45) degree bearing splay of foundations.

E. Correct unauthorized excavation at no cost to Owner.

F. Unforeseen conditions encountered, such as sinkholes, shall be stabilized at a negotiated price.

G. Correct areas over-excavated by error by backfilling with PENNDOT #2A STONE, satisfactorily compacted.

H. The Contractor shall dewater all trenches to provide a dry trench bottom for the installation of the sewer pipe. Trench water shall be discharged by pumps or by other means to natural drainage channels, storm drains, or other points upon written approval of the Owner and/or Owner’s Representative and in compliance with regulations of the SCS, and DEP.


02310-1

Where pumping is required, the Contractor shall provide sufficient pump capacity to maintain the trench bottom in a dry condition.

I. Remove excess material not being used to an approved on-site waste area or dispose of legally at Contractor's expense.

3.4 BEDDING

A. Bedding shall be placed in accordance with design drawings. Hand work material around pipe haunches and pipe to preclude misalignment and grade changes. Pipe that is damaged or moved out of alignment shall be re-laid by the Contractor at his expense.

3.5 BACKFILLING

A. Backfill trenches to contours and elevations with unfrozen materials of the SPECIFIED type.

B. Do not backfill over porous, wet, frozen or spongy subgrade surfaces.

C. Employ a placement method that does not disturb or damage pipe in trench.

D. Place and compact backfill materials in continuous layers not exceeding 8 inches in compacted depth using standard compaction equipment. No Hydra-Hammers shall be used until two (2) feet over top of pipe is reached.

E. ALL roads and PENNDOT shoulders - #2A Coarse Aggregate

F. Refer to material specifications.

G. Maintain optimum moisture content of backfill materials to attain required compaction density.

H. Remove surplus backfill materials from site.

I. Replace and patch trenches with same depth asphalt as found existing at site of excavation.

3.6 CONCRETE BACKFILL

A. In locations where the excavations have been carried beneath existing structures, utilities, or pipes, such that the backfill cannot be compacted in accordance with the requirements of Paragraph 3.5, the Contractor shall furnish and place concrete backfill to support such existing structures, utilities or pipes. Concrete shall be Class B.

B. Where the volume of concrete backfill required exceeds two (2) cubic yards, boulder fragments of rock excavated during construction may be embedded in the concrete to provide added bulk. Concrete backfill shall be vibrated as necessary to assure the structural support of the existing structure, utility, or pipe.

3.7 TOLERANCES

A. Top Surface of Backfilling: Under paved area, plus or minus one-half (1/2) inch from required elevation for aggregate base.

B. Top Surface of General Backfilling: Plus or minus one (1) inch from required elevations.

3.8 FIELD QUALITY CONTROL

A. Backfill shall be compacted until non-movement under compaction equipment is observed.


02310-1

B. The use of HYDRA-HAMMER for compacting backfill in trenches is prohibited until 2 feet over top of pipe is completed by other equipment.

C. If tests indicate Work does not meet specified requirements, remove Work, replace and retest at no cost to Owner.

3.9 PROTECTION OF FINISHED WORK

A. Protect finished Work under provisions of general conditions.

B. Re-compact fills subjected to vehicular traffic.

PART 4 - MEASUREMENT AND PAYMENT

4.1 Earthwork for utility installation shall not be paid as a separate line item and shall be included in the unit cost line items for utility installation as indicated on the Project Bid Sheet.

END OF SECTION

Nottingham Township FINISH GRADING – SEEDING Widmer Engineering Inc. Beagle Club Slide Project

02486-1

SECTION 02486

FINISH GRADING AND SEEDING

PART 1 - GENERAL

1.1 WORK INCLUDED

A. Preparation of subgrade to receive seeding.

B. Provide additional finish grade material as required or needed.

C. Seed bed preparation; seeding, fertilizing and mulching (hydroseeding).

D. Lawn establishment and maintenance until acceptance.

E. Cutting, filling, and grading to required lines, dimensions, contours, and elevations for proposed improvements.

F. Scarifying, compacting, drying, dewatering and removal of unsuitable material to ensure proper preparation of areas for road sub-base.

1.2 NOT USED 1.3 DEFINITIONS

A. Finish Grade: Surface elevation or top of planting soil. B. Subgrade: Surface or elevation of subsoil remaining immediately beneath

planting soil or top of pavement subbase. 1.4 QUALITY ASSURANCE

A. Installer Qualifications: A qualified installer whose work has resulted in successful lawn establishment.

1. Installer's Field Supervision: Require Installer to maintain an experienced

full-time supervisor on Project site when planting is in progress.

B. Soil-Testing Laboratory Qualifications: An independent laboratory, recognized by the State Department of Agriculture, with the experience and capability to conduct the testing indicated and that specializes in types of tests to be performed.

C. Provide seed mixture in containers showing percentage of seed mix, producer’s

tests for purity and germination of seed, dated within nine months of sewing, net weight, date of packaging and locations of packaging.

D. Seed shall be blue tag certified, free of undesirable grass seed, and free of noxious weeds.


02486-2

1.5 SUBMITTALS

A. Product Certificates: For soil amendments and fertilizers, signed by product manufacturer.

B. Qualification Data: For landscape installer. C. Certification of Grass Seed: From seed vendor for each grass-seed monostand

or mixture stating the botanical and common name and percentage by weight of each species and variety, and percentage of purity, germination, and weed seed. Include the year of production and date of packaging.

1. Certification of each seed mix for lawn identifying source, including name

and telephone number of supplier.

D. Seed mixture and application quantities and procedures.

E. Fertilizer and mulch information showing analysis of mixture. 1.6 REGULATORY REQUIREMENTS

A. Comply with regulatory agencies for fertilizer.

B Provide certificate of compliance from authority having jurisdiction indicating approval of seed mixture.

1. Comply with Commonwealth of Pennsylvania Department of

Transportation standard specifications.

C. All seed and seed labels shall be in accordance with State and Federal laws, rules and regulations including Article 9, Section 137 of the Agricultural and Markets Law.

1.7 PRODUCT DELIVERY, HANDLING AND STORAGE

A. Delivery:

1. Do not deliver materials to job site until Project is ready for their

immediate application.

2. Seed and fertilizer which has become damaged in transit or outdated will not be accepted and MUST be removed from site immediately.

1.8 JOB CONDITIONS

A. Existing Conditions:

1. Perform finish grading and seeding ONLY after preceding work affecting

ground surface is completed.


02486-3

B. Environmental Requirements:

1. DO NOT plant seed on frozen soil.

2. DO NOT perform seeding operations when wind exceeds 5 MPH.

C. Protection:

1. Restrict foot and vehicular traffic from seeded areas after seeding to end of maintenance period.

1.9 SCHEDULING

A. Planting Restrictions: Coordinate planting periods with maintenance periods to

provide required maintenance from date of Substantial Completion.

B. Seeding operations shall be performed in a timely fashion when the Contractor feels it is the appropriate time, because it is their responsibility to provide a healthy, weed free stand of grass.

C. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit. Do not perform seeding operations when wind velocity exceeds 5 mph.

PART 2 - PRODUCTS

2.1 SEED MIXTURE

A. Grass Seed: Fresh, clean, dry, new-crop seed. B. Seed Species: State-certified seed of grass species, as follows:

i. Lawn Seed Mixture. (Penn DOT Formula B). Seed at a rate of 4 to 5 lbs. per 1000 sf.

Grass % By Weight % Purity % Germination Kentucky Bluegrass Mixture* 50 98 80 Perennial Ryegrass Mixture** 20 98 90 Creeping Red Fescue or Spreading Fescue

30 98 85

*A combination of improved certified varieties with no one variety exceeding 25%

of the bluegrass component.

**A combination of improved certified varieties with no one variety exceeding 50% of the total.


02486-4

ii. Commercial lawn mix seed at a rate of 3 to 5 lbs. per 1000 sf.

Commercial Lawn Mix % By Weight % Purity % Germination Tall Type Tall Fescue 50 95 80 Creeping Red Fescue 25 98 85 Annual Ryegrass 25 98 95

2.2 FERTILIZER

A. Bonemeal: Commercial, raw or steamed, finely ground; percent of nitrogen and percent of phosphoric acid. Per soil test results.

B. Superphosphate: Commercial, phosphate mixture, soluble; a minimum of 20

percent available phosphoric acid. C. Commercial Fertilizer: Commercial-grade complete fertilizer of neutral character,

consisting of fast- and slow-release nitrogen, 50 percent derived from natural organic sources of urea formaldehyde, phosphorous, and potassium in the following composition:

1. Composition: Nitrogen, phosphorous, and potassium in amounts

recommended in soil reports from a qualified soil-testing agency.

D. Slow-Release Fertilizer: Granular or pelleted fertilizer consisting of 50 percent water-insoluble nitrogen, phosphorus, and potassium in the following composition:

1. Commercial Composition: 10 percent nitrogen, 20 percent phosphorous,

and 20 percent potassium, by weight, and urea form 38 percent nitrogen. 2. Composition: Nitrogen, phosphorous, and potassium in amounts needed

for the type of planting soil utilized

2.3 MULCHES

A. Straw mulch: Provide air-dry, clean, mildew-weed and seed-free, salt hay or threshed straw of wheat, rye, oats, or barley free of foreign matter detrimental to plant life.

B. Fiber Mulch: Biodegradable, dyed wood, cellulose-fiber mulch; non-toxic; free of

plant growth or germination inhibitors; with maximum moisture content of 14 percent +/- 3%, PH range of 4.5 to 6.5, ash content 1.4 percent +/- 0.2 percent, and a 1,000 percent minimum water holding capacity.

C. Nonasphaltic Tackifier: Colloidal tackifier recommended by fiber-mulch

manufacturer for slurry application; nontoxic and free of plant growth or germination inhibitors. Use natural gum blended with jelling and hardening agents (Terra Tack AR) as manufactured by Grass Growers Company or approved equal.


02486-5

D. Other mulch binders as approved by the local County Conservation District and PA Department of Environmental Protection (PADEP).

2.4 WATER

A. Free of substances harmful to plant growth, suitable for drinking.

2.5 TOPSOIL

A. Having a pH of between 6.0 and 7.0, containing not less than 2% nor more than 10% organic matter as determined by AASHTO T194.

B. Fertile friable loam, sand loam, or clay loam which will hold a ball when squeezed

with the hand, but which will crumble shortly after being released. C. Free of clods, grass, roots, or other debris harmful to plant growth. D. Free of pests, pest larvae, matter toxic to plans, and weeds. E. Topsoil removed during site preparation activities may be reincorporated into this

work. Additional topsoil, as required, shall be furnished by the Contractor at no additional cost to the Owner.

PART 3 - EXECUTION

3.1 INSPECTION

A. Examine areas to receive finish grading and preparation for seeding to assure

work of other trades has been completed. B. Examine areas to receive finish paving and preparation for road installation to

assure work of other trades has been completed.

B. Check that preceding work affecting subgrade surface has been completed.

C. Ensure that soil is not frozen and within allowable range of moisture content.

3.2 PREPARATION

A. Protect structures, utilities, sidewalks, pavements, and other facilities, trees, shrubs and plantings from damages caused by seeding operations.

1. Protect adjacent and adjoining areas from hydroseeding overspray.

B. Provide erosion-control measures to prevent erosion or displacement of soils and

discharge of soil bearing water runoff or airborne dust to adjacent properties and walkways.


02486-6

3.3 TOPSOIL PLACEMENT

A. In all lawn and planting areas, fracture the subsoil: Loosen subgrade to a

minimum depth of twelve inches (12”). Remove all stones measuring over 3 inches (3") in any dimension. Remove all sticks, roots, rubbish and other extraneous matter.

B. Spread topsoil to a minimum of 6 inches (3” at a time)) in depth so that the

surface meets all lines, grades and elevations shown after light rolling and natural settlement.

C. Place approximately one half of total amount of topsoil required. Work into top of

loosened subgrade to create a transition layer and then place remainder of topsoil.

D. Prepare one area at a time so that once an area has been loosened and topsoil

incorporated, it is not compacted again by heavy equipment. E. Fine grade lawn areas to smooth, even surface with loose, uniformly fine texture.

Roll, rake and drag lawn areas, remove ridges and fill depressions as necessary to finish grades.

F. In planters: Place topsoil in lightly compacted layers to the depth required,

allowing for natural settlement. G. Coordinate all final grading and placement of topsoil with installation of plant

materials. 3.4 HYDROSEEDING

A. Equipment shall have a built in agitation system and operating capacity sufficient to agitate, suspend and homogeneously mix a slurry containing not less than 44 pounds of organic mulching amendment plus fertilizer, chemical additives and solids for each 100 gallons of water.

B. Mix specified seed, fertilizer, and fiber mulch in water, using equipment

specifically designed for hydroseed application. Continue mixing until uniformly blended into homogeneous slurry suitable for hydraulic application.

1. Mix slurry with non-asphaltic tackifier (application rate of 70 lbs/acre). 2. Mix slurry with fertilizer (Best 6-20-20 or Best 15-15-15) or approved equal

applied at rate appropriate for the product. 3. Apply slurry uniformly to all areas to be seeded in a two-step process.

Apply first slurry application at a minimum rate of 500 pounds/acre dry weight but not less than the rate required to obtain specified seed-sowing rate. Apply slurry cover coat of fiber mulch at a rate of 1000 pounds/acre.

C. Water all areas to be hydroseeded thoroughly to saturate the soil prior to the

hydroseeding operation.


02486-7

D. Allow the planting area soil surface to dry out for one day only prior to the

hydroseeding application. Exercise care not to allow the soil surface to be overly saturated with water prior to the hydroseeding installation. At the same time the soil surface should not become too dry during this period. There should be some residual moisture within the first ¼” of the soil surface.

E. Apply the hydroseeding in the form of a slurry consisting of organic soil amendments, commercial fertilizer, and any other chemicals that are called out or required. When hydraulically sprayed onto the soil, the mulch shall form a blotter-like material. Direct the spray operation so that this procedure will drill and mix the slurry components into the soil, the slurry spray will also penetrate the soil surface, thus ensuring maximum impregnation and coverage. The impregnation and mixing of the components will help in retaining moisture while stabilizing soil surface from superficial erosion.

F. Do not let the hydroseeding slurry components in the hydroseeding machine for more than two (2) hours because of possible seed destruction. If slurry components are left for more than two hours in the machine, add 50% more of the originally specified seed mix to any slurry mixture which has not been applied within the two hours after mixing. Add 75% more of the original seed mix to any slurry mixture which has not been applied eight (8) hours after mixing. All mixtures more than eight (8) hours old must be disposed, off-site, at the contractor's expense.

G. Spray the area with a uniform visible coat, using the dark color of the cellulose fiber as a visual guide. The slurry shall be applied in a downward drilling motion via a fan stream nozzle. Insure that all of the slurry components enter and mix with the soil. Insure the uniformity of the hydroseed application.

F. Contractor shall save all seed and fertilizer tags and fiber mulch bags for the Owner or Owner’s Representative to verify compliance with the drawings and specifications.

3.5 PROTECTION

A. Immediately after seeding, erect barricades and warning signs to protect seeding

areas from traffic until grass is established.

3.6 LAWN ESTABLISHMENT AND MAINTENANCE

A. Begin maintenance immediately after each area is planted and continue until

acceptable vegetation is established. B. Maintain and establish vegetation by watering, fertilizing, weeding, mowing,

trimming, replanting and other landscaping operations. Roll, regrade, and replant bare or eroded areas and remulch as needed.

1. In areas where mulch has been disturbed by wind or maintenance

operations, add new mulch. Anchor as required to prevent displacement.


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2. If any portion of the seeded surface becomes gullied or otherwise

damaged following seeding, the affected areas shall be re-graded and reseeded as specified herein.

C. Watering: Provide water to vegetated areas to establish acceptable vegetative

growth.

D. Reseed, fertilize and mulch areas larger than one square foot not having a uniform stand of grass.

E. Reworking and reseeding of any areas that fail to show a uniform stand of grass

shall be done at the Contractor’s expense with the same mixture applied at the rate originally used and repeated until all areas are covered with a satisfactory stand of grass.

F. Establishment and maintenance period shall extend until a uniform lawn is

established and "Final Acceptance".

3.7 INSPECTION REQUIREMENTS

A. The following list of minimal compliance standards are to be inspected and brought into compliance by the Contractor during construction. Discovery and correction of non-complying work is the responsibility of the Contractor. The Contractor shall identify and correct all non-complying items prior to requesting the processing of the Certificate of Substantial Completion.

B. Complying lawns and grasses work shall be capable of withstanding dead and

live loads under normal use.

C. Non-complying work includes but is not limited to the following:

1. Dead grass 2. Sparse grass (can see soil beneath 3-inch high mown grass) 3. Erosion gullies with grass missing 4. Planting soil not rolled prior to seeding

3.8 CLEAN-UP

A. Remove all trash, debris and excess materials from project site.

B. Maintain all paved areas in a clean condition. C. Remove all barriers and signs from site at the termination of the maintenance

period.


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3.9 INSPECTION AND ACCEPTANCE

A. The Owner or Owner’s Representative shall inspect the Finish Grading and

Seeding work upon written request by the Contractor.

B. Upon acceptance of the Finish Grading and Seeding work, the Contractor shall be relieved of further responsibility for care and maintenance of the accepted area.

END OF SECTION

Nottingham Township SITE CONCRETE Widmer Engineering Inc. Beagle Club Road Slide Project

02515-1

SECTION 02515 - SITE CONCRETE

PART 1 - GENERAL

1.00 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and

Supplementary Conditions. 1.01 SECTION INCLUDES

A. Furnish all labor, material and equipment to place all concrete as shown on the Drawings and specified herein.

1.02 NOT USED

1.03 REFERENCES

A. Pennsylvania Department of Transportation Publication 408, Latest Edition

B. Pennsylvania Code, Title 67, Chapter 459, Occupancy of Highways by Utilities, Latest

Edition

C. Pennsylvania Department of Transportation Publication 72, Standards for Roadway Construction, Series RC-0 to 100, Latest Edition

1. ASTM C-31 - Methods of Making and Curing Concrete Test Specimens in the

Field

2. ASTM A-615 - Specification for Deformed Billet Steel Bars for Concrete Reinforcement

1.04 JOB CONDITIONS

A. Contractor shall meet the job conditions of the Related Sections under which the

concrete is being used.

1.05 SUBMITTALS

A. All submittals shall be in accordance with Contract.

B. Submittals shall include, but not be limited to:

1. Mix Designs (All Classes)

2. Reinforcement Certifications

3. Batcher/Mixer Slips (For PennDOT Work)


02515-2

4. Delivery Tickets

5. Test Cylinder Strength Reports

PART 2 - PRODUCTS

2.01 CONCRETE

A. All concrete used in the Plans and Work shall meet the compressive strengths as

heretofore listed for respective work.

B. Concrete used within Pennsylvania Department of Transportation R/W shall meet the requirements of PDT Pub. 408, Section 704 - Cement Concrete.

C. The Classes of concrete for various applications shall be as follows:

1. Class AA - 3500 psi minimum compressive strength at twenty-eight (28) days:

a. Plain Cement Concrete Curb and Gutter

b. Concrete Pavement c. Concrete sidewalk

2. Class A - 3000 psi minimum compressive strength at twenty-eight (28) days:

a. Manhole Cast-in-Place Bases with Monolithic Flow Channels

b. Flow Channels in Pre-Cast Manhole Bases

c. Cast-in-Place Pump Station Bases and Appurtenances d. Pipe Cradles (Within Pump Station Parameters)

e. Pipe Encasement (Within Pump Station Parameters)

f. Concrete Curb

g. Guide Rail Anchoring

3. Class B - 2500 psi minimum compressive strength at twenty-eight (28) days:

a. Pipe Cradles Outside Pump Station Parameters

b. Pipe Encasement

c. Over Excavation (When Required)

d. Sinkhole Treatment


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4. Class H.E.S. - 3500 psi minimum compressive strength at twenty-eight (28) days: 752 pounds per cubic yard minimum cement content.

a. Pavement

b. Miscellaneous

D. If a higher strength concrete is required for a special application it will be specified on the

Drawings or by the Owner or Owner’s Representative. 2.02 REINFORCEMENT STEEL

A. Reinforcement bars shall meet the requirements of ASTM A-615, Grade 60 for deformed

bars.

B. Steel welded wire fabric shall meet the requirements of ASTM A-185, galvanized finish. Wire shall be rigidly welded at joints and points of intersection to form a fabric reinforcement. Wire size and spacing shall be as shown on the Drawings.

2.03 CURING COMPOUNDS

A. Water – Clean and drinkable

B. Liquid Membrane Forming Curing Compound: AASHTO-M148, Type 1-D Clear or

Translucent. 2.04 MORTAR

A. For minor patching of concrete surfaces. Mix one part cement, two parts fine aggregate,

and enough water to provide a consistency stiff enough to place by either manual or mechanical tamping. Do not use more that 4-1/2 gallons of water per bag of cement. Mix for 1 minute, cover to prevent loss of moisture, and allow to stand for 45 minutes. Remix for 1 minute without further addition of water, then place within 30 minutes after completion of mixing. Use material as follows:

a. Cement, Type IP, IS, or II – PennDOT Publication 408, Section 701. b. Fine Aggregate, Type A or C – PennDOT Publication 408, Section 703.1. c. Water – Clear and Drinkable

PART 3 - EXECUTION

3.02 DELIVERY

A. When concrete is being delivered for work in PennDOT's Right-of-Way, the Contractor

shall have the producer furnish a Batcher Mixer Slip showing the following:

1. Amount of Aggregate Water

2. Amount of Batch Water

3. Quantities of Fine and Coarse Aggregate and Cement


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4. Design Strength or Class

5. Slip Preparation Time

6. A copy of the batcher mixer slip shall be given to the PennDOT Inspector and

Construction Manager.

7. A delivery ticket showing the time the truck left the plant and water in the load shall accompany each load for all work with a copy to the Owner or Owner’s Representative and PennDOT Inspector as applicable.

3.03 CONCRETE FORMS AND FINISHING

A. The Contractor shall field form all of the concrete curb, gutters, and sidewalk to the lines and grades called for in the Plans. The Contractor may utilize wood or metal forms. All forms shall be cleaned thoroughly and greased or soaped before concrete is placed against them. 1. Concrete Curb:

a. Do not remove forms until such time it will not be detrimental to the concrete. Correct irregular surfaces by rubbing with a Carborundum stone. Brush finishing or plastering will not be permitted. Fill minor defects with mortar.

2. Concrete Sidewalk and Driveway:

a. Finish to produce surface with granular or matte texture that will not be slick when wet. Sidewalks shall have a broom finish.

3.04 PLACING CONCRETE

A. No concrete shall be placed which has been mixed longer than ninety (90) minutes or has exceeded three hundred (300) truck drum revolutions.

B. Concrete, when deposited, shall have a temperature ranging between a minimum of 50°F

and a maximum of 90°F.

C. Falling concrete shall be closely confined in a drop chute of the proper size when drop is over four (4) feet, and the final drop must be vertical to avoid segregation of aggregates. In no case shall concrete be deposited from a height that will cause separation of the aggregates.

D. Concrete shall be mixed in such quantities as required for immediate use and shall be

placed while fresh before loss of slump occurs. Retempering by adding water to restore slump lost during excessive mixing or due to too a long lapse of time since initial mixing will not be permitted.

3.05 PROTECTION OF NEW WORK

A. All freshly placed concrete shall be adequately protected from mechanical injury or by

action of the elements until such time as the concrete is thoroughly set.


02515-5

3.06 CURING

A. Curing shall be performed on all concrete surfaces not immediately backfilled when hard.

B. Curing shall be started immediately upon completion of the finishing operation. Curing

shall continue uninterrupted for a minimum period of seven (7) days unless a longer period is hereinafter specified. Rapid drying upon completion of the curing period shall be prevented. At no time during the curing period shall the temperature of the concrete be

permitted to drop below 40°F.

C. Curing may be by water curing, sheet or liquid membrane. Do not use liquid membrane where a later concrete or masonry joint may occur unless the material has been certified as a non-bond breaker.

3.07 EXPANSION AND CONTRACTION JOINTS

A. Expansion joints shall be asphalt impregnated felt paper or a non-extruding expansion joint filler material of the thickness indicated in the plans. Filler joint material shall extend to or slightly below the bottom of the concrete slab. The top edge shall be held 7/8 inch below the surface of the slab by a tack strip of wood with its top flush with the finished curb surface. The edges of the concrete at the joint shall be tooled with an edging tool having a radius of 1/4 inch. After the concrete has cured, the tack strips shall be removed and the joints sealed with a white elastomeric sealing compound to within 1/8 inch of the surface.

3.08 TESTING

A. Four (4) test cylinders shall be molded each day for each fifty (50) cubic yard or fraction thereof. A slump and air test shall be made for each set of cylinders and whenever the concrete appears to vary in consistency.

B. Mold and cure test cylinder in accordance with ASTM C-31 or PTM 611.

C. Test one (1) cylinder at seven (7) days. If break does not meet specification, break two

(2) at twenty-eight (28) days for acceptance.

D. The remaining cylinder shall be kept for reference or additional testing if required.

E. Contractor to pay for all concrete testing and provide results to the Owner or Owner’s Representative. Concrete testing shall be performed unless otherwise indicated on the Drawings or Specifications.

3.09 DEFECTIVE CONCRETE

A. Defective concrete is defined as concrete in place, which does not conform to strength,

shapes, alignments and/or elevations as shown on the Drawings.

B. All defective concrete shall be removed and replaced in a manner meeting with the Owner or Owner’s Representative satisfaction and at no additional cost to the Owner.


02515-6


4.01 Site concrete shall be paid as specified on the Project Bid Sheet.

END OF SECTION

Nottingham Township SUBGRADE Widmer Engineering Inc.


02570-1

SECTION 02570 - SUBGRADE PART 1 - GENERAL 1.1 Section Includes

A. Provide all materials and labor to prepare subgrade for proposed pavement. 1.2 Quality Assurance

A. An independent testing laboratory (ITL), selected and paid for by the Owner, may be

retained to perform construction testing on site. 1. The independent testing laboratory shall prepare test reports that indicate test

location and test results. Owner, Engineer, and Contractor shall be provided with copies of reports within 96 hours of time that test was performed. In event that test performed fails to meet Specifications, the independent testing laboratory shall notify Owner, Engineer, and Contractor immediately.

2. Costs related to retesting due to failures shall be paid for by the Contractor at no additional expense to Owner. Contractor shall provide free access to site for testing activities.

3. Quality assurance testing will be conducted in accordance with “Field Testing” in Part 3 hereinafter.

PART 2 - PRODUCTS Not Included.

PART 3 - EXECUTION 3.1 Subgrade

A. Subgrade shall be constructed in accordance with PennDOT Publication 408, Section 210

"Subgrade." 3.2 Field Testing

A. Nuclear Compaction field tests for in-place materials may be performed by the Owner’s

Independent Testing Laboratory (ITL) in accordance with the requirements specified in PennDOT Form 408, latest edition and as required by the Owner’s Representative.

PART 4 - BASIS OF PAYMENT 4.1 Subgrade – Incidental.

Subgrade will be considered incidental to the immediate overlying pavement structure and will not be paid for separately.

END OF SECTION

Nottingham Township PAVING Widmer Engineering Inc. Beagle Club Road Slide Project

02580-1

SECTION 02580 – BITUMINOUS PAVING

PART 1 – GENERAL


A. Provide all labor, material and equipment to restore all areas disturbed or damaged by the construction work and install on-site bituminous asphalt pavement. These areas shall include, but are not limited to:

1. Concrete Paved Areas 2. Bituminous Paved Areas 3. Shoulders 4. Sidewalks 5. Gravel Driveways 6. Curb/Curb Gutter

1.2 RELATED SECTIONS

A. Section 02570 – Subgrade

1.3 REFERENCES

A. Pennsylvania Department of Transportation Publication 408, Latest Edition.

B. Pennsylvania Code, Title 67, Chapter 459, Occupancy of Highways by Utilities, Latest Edition.

C. Pennsylvania Department of Transportation Publication 72, Standards for Roadway Construction Series RC-10 to 100, Latest Edition

1.4 SUBMITTALS

A. Submit Mix Designs and sources of supply of all materials used under this Section. Submit in accordance with contract.

1.5 JOB CONDITIONS

A. Materials and Installation: These items involving bituminous and concrete paving shall be the same for PennDOT, Township, Borough, and private areas.

B. Qualifications of Workmen: Provide at least ne person who shall be thoroughly trained and experienced in the skills required, who shall be completely familiar with the design and application of work described for this Section, and who shall be present at all times during progress of the work of this Section and shall direct all work performed under this Section.

1. For actual finishing of asphalt and concrete surfaces and operations of the required equipment, use only personnel who are thoroughly trained and experienced in the skills required.

C. Dust Control: Use all means necessary to control dust on and near the Work and on and near all off-site borrow areas if such dust is caused by the Contractor’s operations during performance of the Work or is a result of the condition in which the Contractor leaves the


02580-2

site. Thoroughly moisten all surfaces as required to prevent dust from being a nuisance to the public, neighbors, and concurrent performance of other Work on the Site.

D. Protection: Use of all means necessary to protect the materials of this Section before, during, and after installation and to protect the Work and materials of all trades.

E. Replacements: In the event of damage, immediately make all repairs and replacements necessary to the approval of the Construction Manager and at no additional cost to the Owner.

F. Protection of Utilities: Protect existing facilities.

G. Testing: The Owner will retain the services of a company to check the densities of subgrade.

1.6 TRAFFIC MAINTENANCE

A. The Contractor shall furnish the necessary guards, watchmen, warning lights and similar items necessary to maintain state highway and other road/street traffic in accordance with PennDOT requirements. In general, the Contractor will not be permitted to interrupt traffic without specific arrangements for detouring traffic in accordance with PennDOT requirements. When traffic cannot be detoured, a minimum of ½ the roadway width shall be open at all times with traffic control.

PART 2 – PRODUCTS

2.1 AGGREGATE BASE COURSE FOR PAVED AREAS

A. Provide aggregate base complying with the applicable PennDOT Specifications, Publication 408, Section 350 – Subbase.

2.2 ASPHALTIC MATERIALS

A. Mix Design: Provide asphaltic concrete consisting of a mixture of sand, mineral aggregate, and liquid asphalt mixed in such proportions that they meet applicable State Department of Transportation Publication 408 Specifications Superpave Asphalt Mixture Design.

2.3 CEMENT CONCRETE FOR RESTORATION

A. Cement concrete used shall meet the specifications of PennDOT Publication 408, Section 704 – Cement Concrete.

1. Paving – Class AA or Class H.E.S. 2. Plain Cement Concrete Curb Gutter – AA 3. Plain Cement Concrete Curb – Class A 4. Cement Concrete Sidewalk – Class A

2.4 GRAVEL DRIVEWAYS AND SHOULDERS

A. Gravel Driveways – Granular material meeting the specification of Publication 408, Section 703.

B. Stabilized shoulders – Paragraph 2.4A.


02580-3

C. Paved Shoulders, Type III

1. Aggregate Base – PennDOT #2A 2. Bituminous Prime Coat – MC-30, MC-70 3. Bituminous Surface Treatment a. E2 Emulsified Asphalt b. AASHTO No. 8 and No. 67 Coarse Aggregates

2.5 OTHER MATERIALS

A. All other materials, not specifically described but required for proper and complete installation of the Work of This Section, shall be selected by the Contractor subject to the approval of the Owner and/or Owner’s Representative.

PART 3 – EXECUTION

3.1 GENERAL

A. Inspect all areas requiring work under this Section to ensure readiness to receive restoration.

B. Permanent bituminous paving can only be done between April 1 and October 31 unless otherwise permitted in writing by the Owner and/or Owner’s Representative and/or PennDOT (within PennDOT right-of-way).

3.2 RAISING MANHOLE COVERS AND VALVE BOXES

A. Install the adjusting rings in all sewer and storm manholes that require adjusting to meet the elevation of the repaving.

1. Manholes within actual new construction shall meet finished elevation without adjusting rings.

B. Coordinate the raising of all valve boxes and/or manhole covers belonging to other utilities.

C. Where adjustments require the resetting of manhole covers, the mortar shall consist of Portland Cement and silica sand. After material has set, paint with approved bitumastic coating.

D. Contractor shall be responsible to see that all such items as mentioned above are adjusted to the new paving elevation.

3.3 CONCRETE PAVING/PATCHING

A. Perform all work for this activity as specified in PennDOT Publication 408, Section 501 – Reinforced or Plain Cement Concrete Pavement and RC Standards No. 21 and No. 26.

3.4 SUBGRADE AND AGGREGATE BASE PREPARATION-PENNDOT / TOWNSHIP / BOROUGH / PRIVATE

A. In preparation for permanent repaving, the temporary paving shall be removed.


02580-4

B. Prior to the replacement of the aggregate base course, the edges of the existing bituminous base and surface must be sawed a minimum of one (1) foot back from each side of the actual trench width.

C. Remove all material within the trench and “cut back” to subgrade ready for the base course.

D. The subgrade for all repaved areas shall be thoroughly compacted to the proper distance below and parallel with the prescribed level of the base course. The subgrade shall be completely compacted in an approved manner prior to placing the aggregate base course. The subbase depth shall be as shown on the Drawings and State or Municipal Standards.

3.5 BITUMINOUS PAVING – PENNDOT / TOWNSHIP / BOROUGH / PRIVATE

A. Place bituminous materials in accordance with PennDOT Publication 408, Specifications:

1. Bituminous Concrete Base Course – Section 305 2. Bituminous Binder Course – Section 421 3. Bituminous Wearing Course – Section 420

3.6 EQUIPMENT

A. Compacting Equipment: Shall be self-propelled tandem rollers having a minimum weight of ten (10) tons, except that hand-held vibrator compactors may be used in areas not accessible to rollers when specifically approved by the Owner and/or Owner’s Representative.

B. Paving Equipment: Shall be spreading, self-propelled asphalt paving machines capable of maintaining line, grade, and the minimum surface thickness specified, except that spreader boxed may be used in areas where specifically approved by the owner and/or Owner’s Representative.

3.7 PLACEMENT OF ASPHALTIC CONCRETE (SPECIFICS)

A. Placement: After completion of the aggregate base course, place base and wearing courses of types and thickness as shown on the Drawings.

B. Tack coat all vertical joints between existing and new paving with E-1, E-6, or E-8 bituminous material.

C. Receipt of Materials: Do not accept material unless it is covered with tarpaulins until unloaded, when the temperature is more than 15ºF below the minimum temperature shown on the bituminous material suppliers’ Bill of Lading and when exceeding the maximum specified temperature.

D. Do not place asphaltic concrete until the atmosphere and surface temperatures are 35ºF (and rising) for base course and 40º F (and rising) for wearing; nor during fog, rain or other unsuitable conditions.

E. Spreading: Spread material in a manner which requires the least handling. Where thickness of finished pavement will be three (3) inches or less, spread in one (1) layer.

F. Rolling: After the material has been spread, roll with the specified equipment until the surface is hard, smooth, unyielding, and true to the thickness and elevations shown on the Drawings.


02580-5

G. Roll the surface in at least two (2) directions until no roller marks are visible.

H. Finished surfaces shall be smooth, free from birdbaths, and shall be free of irregularities.

3.8 OVERLAY

Not Applicable

3.9 FINISH TOLERANCES

A. Finish all surfaces to the following tolerances:

1. Base course: Plus or minus 0.04’ from line and grade shown on the Drawings. 2. Wearing Course: Plus or minus 0.02’ at any point from line and grade shown on the

Drawings.

B. Core Testing (when required).

3.10 SEALING

A. All joints between the new paving and the existing paving and where the new paving abuts other materials such as curbs, manhole frames, and inlets shall be sealed with PennDOT asphalt cement AC-20. Width shall be twelve (12) inches for pavement joints and where curb acts as a gutter. Others shall be six (6) inches.

3.11 MAINTENANCE

A. The Contractor shall maintain the final pavement of the period of time as specified in the Maintenance Bond following the date of acceptance of project. In general, depressions in the final pavement in excess of one half inch below the normal road grade shall be corrected. Corrections in the pavement shall be made within fifteen (15) days after the Contractor has been notified of the need for corrective action. In the event of the failure or refusal of the Contractor to make such corrections, the Owner reserves the right to have the necessary work performed and to charge the cost to the Contractor under the Maintenance Bond.

3.12 BITUMINOUS DRIVEWAYS

A. The materials and construction practices shall be as specified in Sub-Sections Parts 2 and 3.

B. Aggregate base shall be as specified on the drawings.

C. Bituminous shall be minimum two (2) inch depth for both or “in-kind” where existing is greater.

D. Lighter, smaller compaction equipment may be used in these operations.

3.13 BITUMINOUS CURB

A. The material and construction of bituminous curb shall be in accordance with PennDOT Publication 408, Section 636.


02580-6

3.14 CEMENT CONCRETE CURB/CURB GUTTER/SIDEWALKS

A. General:

1. Remove minimal lengths for restoration, normally, to a scoring or joint.

B. Grade areas to allow respective depths of aggregate base in kind with minimum being four (4) inches.

C. Plane one-half (1/2) inch expansion material between new and old concrete and other existing rigid structures.

D. Place required class of concrete to the same cross-section as existing. Refer to PennDOT Standard RC-64 for sizing where original cross-section is indefinite.

1. Driveways shall be minimum six (6) inches thick. 2. Sidewalks shall be minimum four (4) inches thick.

E. Surfaces shall be given a light broom finish with all edges tooled.

F. Curing may be with wet burlap or liquid membrane.

G. Contraction joints may be tooled or saw-cut. Twenty (20) feet maximum for curb/curb gutter and five (5) feet for sidewalk.

3.15 GRAVEL DRIVEWAYS AND STABILIZED SHOULDERS

A. Place six (6) inches of granular material meeting the requirements of Sub-Section 2.4A.

B. Grade shoulders to a minimum of one-half (1/2) inch per foot, or existing slope and properly compact.

1. If the length of the facility exceeds fifty (50) feet, the shoulder shall be graded, rolled, and penetrated with RT-2C or MC-30 bituminous material at a minimum rate of .25 gallon per square yard and chipped or lightly sanded to prevent tracking of oil onto the pavement.

3.16 PAVED SHOULDERS, TYPE 3

A. This work is construction of shoulders on a prepared surface and consists of the following:

1. Place PennDOT No. 2A material to the depths of bituminous base and wearing courses allowing one-half (1/2) inch for depth of surface treatment after compaction.

2. Apply prime coat of MC-30 on MC-70 bituminous material at the rate of .20 to .50 gallon per square yard and allow to cure twenty-four (24) hours. Protect surface during this period.

3. Apply E-2 bituminous material at the rate of .25 to .50 gallon per square yard. Then spread 25 to 45 pounds of AASHTO No. 67 course aggregate and roll thoroughly to set aggregate.

4. After first application has cured, apply E-2 at a rate of .25 to .50 gallons per square yard. Then spread 15 to 30 pounds of AASHTO No. 8 course aggregate and roll thoroughly to set aggregate.

5. Use pneumatic-tire and steel wheel tandem rollers (non-vibratory) for rolling. Do minimum backrolling.

6. Protect from traffic until areas have cured.


02580-7

B. For Work in PennDOT Rights-of-Way, adhere to PennDOT Publication 408, Section 653 and approved Highway Occupancy Permit.


4.1 Paving shall be paid as specified on the Project Bid Sheet.

END OF SECTION

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