Lower Merion School District€¦ · • 00 0310 Letter of Surety • 00 0320 Letter of Insurer • 00 0330 Contractor’s Qualification Statement • 00 0340 Non-Collusion Affidavit

PROJECT MANUAL

RECONSTRUCT MASONRY PARAPET BALA CYNWYD MIDDLE SCHOOL

LMSD PROJECT 511805

510 Bryn Mawr Avenue Bala Cynwyd, PA 19004

April 1, 2018

OWNER

Lower Merion School District 301 East Montgomery Avenue

Ardmore, PA 19003-3399 Attention: Gary Musial

Maintenance Coordinator Phone: (610) 645-1981 Fax: (610) 649-6288

ENGINEER Shephard Restoration Engineers, Inc.

335 W. State Street Media, PA 19063

Theresa Pearce Shephard, P.E., Assoc. AIA Phone: (484) 442-8137

Fax: (484) 442-8139 Email: [email protected]

Lower Merion School District

SECTION 00 0100 - TABLE OF CONTENTS

Reconstruct Masonry Parapet - Bala Cynwyd Middle School LMSD Project No. 511805

Table of Contents 00 0100

April 1, 2018 Page 1 of 2

Division 0

• 00 0110 Notice to Bidders

• 00 0115 List of Drawings

• 00 0200 Instructions to Bidders

• 00 0250 Project Summary

• 00 0300 Bid Form

• 00 0305 Bid Bond

• 00 0310 Letter of Surety

• 00 0320 Letter of Insurer

• 00 0330 Contractor’s Qualification Statement

• 00 0340 Non-Collusion Affidavit

• 00 0350 Anti-Pollution Measures

• 00 0360 Certificate of Insurance

• 00 0370 Performance Bond Form

• 00 0380 Labor and Material Payment Bond Form

• 00 0385 Public Employment Verification Form

• 00 7000 General Conditions

• 00 8000 Appendix to General Conditions – Criminal History and Child Abuse Clear-ance Information

• 00 9000 Contract for Construction

• 00 9100 Certification and Waiver of Claims and Liens

• 00 9200 Final Certification and Waiver of Claims and Liens

• 00 9300 Prevailing Wage Act Regulations

• 00 9350 Prevailing Wage Determination

• 00 9400 Milestone Dates

Division 01

• 01 0600 Regulatory Requirements and Standards

• 01 1000 Summary of Work

• 01 3000 Submittals

• 01 3300 Submittal Procedures

• 01 4100 Testing and Laboratory Services

• 01 5000 Facilities and Controls

SECTION 00 0100 - TABLE OF CONTENTS

Reconstruct Masonry Parapet - Bala Cynwyd Middle School LMSD Project No. 511805

Table of Contents 00 0100


• 01 6300 Substitutions

• 016400 Delivery, Storage, Handling and Protection

• 01 7000 Contract Closeout

• 01 7130 Cleaning

• 01 7310 Cutting and Patching

Division 04

• 04 0600 I. Brick and Limestone Mortar (noted on CS Drawing)

• 04 0600 II. CMU Mortar (noted on CS Drawing)

• 04 2000 III. Unit Masonry (noted on CS Drawing)

• 04 9100 IV. Masonry Restoration (noted on CS Drawing)

• 04 9100 V. Masonry Restoration – Flashing (noted on CS Drawing)

• 04 9100 VI. Masonry Restoration – Cavity Drainage (noted on CS Drawing)

Division 05

• 05 500 VII. Metal Fabrications – Wood Blocking (noted on CS Drawing)

• 05 5000 VIII. Metal Fabrications – Metal Copings (noted on CS Drawing)

Division 07

• 07 9200 IX. Joint Sealants (noted on CS Drawing)

Division 09

• 09 9600 X. Paints and Coatings (noted on CS Drawing)

Reconstruct Masonry Parapet – Section 00 0115 Bala Cynwyd Middle School List of Drawings LMSD Project No. 511805 April 1, 2018

Section 00 0115 - Drawing List

1 of 3 CS Cover Sheet Cover Sheet and Material Specifications

2 of 3 R – 1 Elevations and Task Notes

3 of 3 R – 2 Plan & Elevation Details and Task Notes

Reconstruct Masonry Parapet Bala Cynwyd Middle School LMSD Project No. 511805

Notice to Bidders 00 0110


NOTICE TO BIDDERS

Notice is hereby given that the LOWER MERION SCHOOL DISTRICT will accept bids for:

Reconstruct Masonry Parapet - Bala Cynwyd Middle School LMSD Project Number 511805

510 Bryn Mawr Avenue Bala Cynwyd, PA 19004

Prospective bidders may obtain Contract Documents in electronic format (PDF) for the described project by contacting the Lower Merion School District Operations Department, Attn: Kathy Geiger; phone: (610) 645-1850; email [email protected]. Bidders will not be entitled to review any Contract Documents at the Lower Merion School District Offices. Bids must be returned in a sealed envelope, identified by project name and number, addressed to and filed with Kathy Geiger, Operations Department, Lower Merion School District, 65 Rock Hill Road, Bala Cynwyd, PA 19004 on or before 2:00 P.M. local time on May 3, 2018. Note: It is the total responsibility of the Contractor to return bids to the Lower Merion School District by the required date and time. Bids must be submitted on the form and in the manner provided in the Contract Documents; Bids submitted otherwise will not be considered. A Mandatory Pre-Bid Meeting will be held April 16, 2018 at 3:00 P.M. in the Operations Department 2nd Floor Conference Room, 65 Rock Hill Road, Bala Cynwyd, PA 19004. Inquiries regarding the Project or the Contract Documents may be directed to Theresa Shephard, Shephard Restoration Engineers, Inc., 335 West State Street, Media, PA 19063; facsimile: (484) 442-8137; email:[email protected]. All inquiries must be in writing. The LOWER MERION SCHOOL DISTRICT reserves the right to accept or reject any or all bids or any items therein, to waive any non-material defects, and to contract in the best interests of the Lower Merion School District.

mailto:[email protected]

SECTION 00 0200 - INSTRUCTIONS TO BIDDERS


Instructions To Bidders 00 0200


ARTICLE 1. - DEFINITIONS A. The “Owner” means The Lower Merion School District. B. The “Contract Documents” mean the following documents:

Notice to Bidders Instructions to Bidders Bid Form - Proposal Contract for Construction General Conditions Drawings Project Manual / Specifications All Addenda issued prior to Bid due date

C. The “Base Bid” is the sum stated in the Bid for which the Bidder offers to perform the

Work described in the Contract Documents. Additionally, work may be added or deleted for sums stated in the Alternate Bids.

D. An “Alternate Bid” (or Alternate) is either (a) an amount stated in the Bid to be added

to or deducted from the amount of the Base Bid if the corresponding change in the Work as described in the contract documents, or (b) an amount to be accepted by the owner in lieu of the Base Bid for corresponding change in the work as described in the contract documents. The type of Alternate Bid or Alternate will be set forth in the contract documents and on the bid form.

ARTICLE 2. - BIDDER'S REPRESENTATIONS A. Each Bidder acknowledges that by submitting its Bid the Bidder has represented to the

Owner each and every one of the representations listed in the Bid Proposal form. ARTICLE 3. - CONTRACT DOCUMENTS A. Bidders shall use complete sets of Contract Documents in preparing Bids. Neither the

Owner nor its Consultants assume any responsibility for errors or misinterpretations resulting from use of incomplete sets of Contract Documents in preparing Bids.

B. Bidders shall promptly notify the Owner of any ambiguity, inconsistency or error

which they may discover upon examination of the Contract Documents or of the site and local conditions. No subsequent extra will be allowed if the Contractor fails to





notify the Owner of any discrepancies between the field conditions and the Contract Documents.

C. Bidders requiring clarification or interpretation of the Contract Documents shall make

a written request which shall reach the Owner’s representative no later than 5:00 p.m., April 24, 2018.

D. Any interpretation, correction or change of the Contract Documents prior to the date of

the Bid opening will be by written Addendum. Interpretations, corrections or changes of the Contract Documents made in any manner other than a written Addendum prior to the Bid opening, will not be binding upon any Bidder or the Owner.

E. The various materials and products specified in the specifications by name or

description are given to establish a standard of quality and of cost for bid purposes. It is not the intent to limit the Bidder, the Bid or the evaluation of the Bid to any one material or product specified, but rather to describe the minimum standard. When proprietary names are used, they shall be followed by the words “or substitutes of the quality necessary to meet the specifications.” In order to ensure that a common standard is used by all bidders, a Bidder seeking to use a substitute to a material or product specified by name must follow the procedure set forth in Article 3, Paragraph F of these Instructions to Bidders to obtain approval of the substitute product/material prior to bid submission.

F. Proposal of Substitute Product/Material Substitution Prior to the Receipt of Bids.

Prior to the date for receipt of Bids, substitutes to materials and products specified by name that are of the quality necessary to meet the specifications (hereinafter “Substitutes”) may be proposed by any Bidder as further set forth in this Paragraph. Any Bidder proposing a Substitute prior to the date for receipt of Bids shall submit a written request for approval thereof to the Owner no later than five (5) days prior to the date for receipt of Bids. Each such request shall include: the name of the manufacturer sought to be added, or of the material, product, system or equipment offered, as a Substitute; a complete description of the proposed Substitute including drawings, cuts, performance and test data; all of the information required by Paragraph 8.7.1 of the General Conditions; and any other information necessary for a thorough evaluation. A statement setting forth any changes in other materials, equipment or other work that incorporation of the Substitute would require shall be included. A Bidder's submission of a proposed Substitute under this Paragraph shall be deemed to include the representations set forth in Paragraph 8.7.6 of the General Conditions. A request that fails to contain the information, or that is not submitted within the time, required by this paragraph will be rejected. The Owner shall approve or disapprove a proposed Substitute based upon its determination as to whether the Substitute is of the quality necessary to meet the specifications. The Owner may engage the services of the Design Professional or other consultant in order to review proposed Substitutes. If a proposed Substitute is approved





under this Paragraph, an appropriate Addendum shall be issued advising all Bidders of such action., the Owner shall approve or disapprove a proposed Substitute and such decision shall be final and not subject to challenge. If a proposed Substitute is approved under this Paragraph, an appropriate Addendum shall be issued advising all Bidders of such action.

G. Proposal of Substitutes with a Bid.

(1) The provisions of Paragraph F, above, are not intended, and shall not be construed, to prevent any Bidder from submitting with its Bid, a proposed Substitute to materials and products specified by name. All Bidders are advised, however, that the Bid must be based upon the specified materials or a Substitute approved before the submission of bids in accordance with Section 3.F if the Instructions to Bidders. Any Bidder desiring to propose a Substitute with its Bid shall complete the CSI Form 13.1A, Substitution Request for Cause clearly and unambiguously identifying any proposed Substitute(s).

(2) Unless all Bids are rejected, the Owner shall award the Contract for Construction to the lowest responsive, responsible Bidder without consideration of any Substitutes proposed with the bid.

(3) If a Bid proposes a Substitute not previously approved under Paragraph F, above, and the Bidder has been awarded a Contract for Construction, the Owner shall have the right to request that the Bidder submit supporting information concerning each such proposed Substitute, which request shall be in writing. Within five (5) calendar days of the date of the Owner's written request, the Bidder shall submit such supporting information to the Owner, including, as to each proposed Substitute: the name of the manufacturer sought to be added, or of the material, product, system or equipment offered as a Substitute; a complete description of the proposed Substitute including drawings, cuts, performance and test data; all of the information required by Paragraph 8.7.1 of the General Conditions; and any other information necessary for a thorough evaluation. A statement setting forth any changes in other materials, equipment or other work that incorporation of the Substitute would require shall be included. A Bidder's submission of a proposed Substitute under this Paragraph shall be deemed to include the representations set forth in Paragraph 8.7.6 of the General Conditions. If the Bidder fails to submit this supporting information when and as required hereunder, the Owner shall have the right to reject the proposed Substitute. The Owner may engage the services of the Design Professional or other consultant in order to review proposed Substitute. The Owner shall approve or disapprove a proposed Substitute based upon its determination as to whether the Substitute is of the quality necessary to meet the specifications. Such decision shall be final and not subject to challenge. If the Owner disapproves a Substitute, the Bidder shall be required to furnish and install the materials and products specified by name in the Contract Documents without exception and without any adjustment in the Contract Sum or the Contract Time on account thereof.





H. Addenda will be mailed or delivered to all Bidders. Addenda may be sent by facsimile to any Bidder that provides its facsimile telephone number to the Owner, in which case the Owner's facsimile transmission confirmation shall be conclusive proof of proper delivery to the Bidder. Addenda may be sent by electronic mail to any Bidder that provides an electronic mail address to the Owner, in which case the Owner’s electronic mail transmission shall be conclusive proof of proper delivery.

I. No Addenda will be issued later than two (2) calendar days prior to the date for receipt

of Bids, except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids.

J. Each Bidder shall acknowledge receipt of all Addenda by making the necessary

adjustment on the Bid Form. A Bidder’s failure to acknowledge receipt of an Addendum issued in accordance with the Instructions to Bidders shall not relieve the Bidder from the requirements of that Addendum. The Owner may reject any Bid that does not acknowledge all properly issued Addenda as defective.

ARTICLE 4. - BIDDING PROCEDURES A. Bids, one original and one copy, shall be submitted on forms identical to the forms

included with the Contract Documents. Bids, along with other documentation required to be submitted with the Bid, shall be placed in a sealed envelope, which envelope shall be placed in a larger sealed envelope. Both envelopes shall be marked with the Bidder's name and address, the date and time of the Bid opening, the identity of the Project and Contract for which the Bid is submitted and shall include, in prominent letters, the following legend: “SEALED BID. DO NOT OPEN UNTIL PUBLIC BID OPENING.”

B. Unless otherwise indicated on the Bid Form - Proposal or in the Contract Documents,

the Bidder shall fill in all blank spaces on the Bid Form - Proposal with the proposed Bid price for such item or with such other information as may be required by the Bid Form - Proposal. Bidders shall fill in blank spaces using a typewriter or manually in ink. If the bid form requires the bidder to enter amounts for each component of work and requires the bidder to provide a total and there is a discrepancy between the actual sum of the components and the total provided by the bidder, the lower figure shall be deemed to be the Bid price.

C. Any interlineation, alteration or erasure of information inserted on the Bid Form by the

Bidder must be initialed by the signer of the Bid. No alteration of any kind shall be made to the pre-printed text of the Bid Form itself.

D. All requested Alternates shall be Bid. If no change in the Base Bid is proposed, enter

“No Change” or “0.00.”





E. Each copy of the Bid Form - Proposal shall include the legal name of the Bidder and a

statement that the Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity in the space provided on the Bid Form - Proposal. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a Bid.

F. The Work shall start and must be completed by the dates and times set forth in the

Contract Documents. G. Bids shall be delivered to Kathy Geiger, Operations Department, Lower Merion

School District, 65 Rock Hill Road, Bala Cynwyd, PA 19004, prior to the time and date for receipt of Bids indicated in the Notice to Bidders. Bids received after the time and date for receipt of Bids will not be considered and will be returned unopened.

H. The Bidder shall assume full responsibility for timely delivery at the location

designated for receipt of Bids. Bids delivered to any other location or office of the Owner may, in the Owner's sole discretion, be deemed to be unresponsive and may be returned to the Bidder.

I. Oral, telephonic, faxed, emailed or telegraphic Bids are invalid and will not receive

consideration. J. A Bid may not be withdrawn or canceled by the Bidder for sixty (60) days after the

date of the Bid opening; provided however, that if the award is delayed by a required approval of another government agency (including, without limitation, the Pennsylvania Department of Education), the sale of bonds, or the award of a grant or grants, the Bid may not be withdrawn or canceled by the Bidder for one hundred and twenty (120) days from the date of the Bid opening. All Bidders are advised that governmental approval may, under certain circumstances, require that public hearings or referenda be held under Act 34 of 1973, 24 P.S. §7-701.1.

K. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids

provided that they are then fully in conformance with these Instructions to Bidders. After the Bids are opened, no Bid may be withdrawn, except as permitted by Pennsylvania's bid withdrawal statute, 73 P.S. §1601 et seq.

L. Along with its Bid, the Bidder must submit a fully executed Bid Bond, Letter of Surety and

Letter of Insurer in the forms in Sections 00 0305, 00 0310 and 00 0320. The penal sum of the Bid Bond must equal twenty percent (20%) of the Bidder's Base Bid. No other form of Bid Bond, Letter of Surety or Letter of Insurer will be accepted.





M. Along with its Bid, the Bidder must submit a fully executed Contractor Qualification Statement shown in Section 00 0330. No other form of Contractor Qualification Statement will be accepted. The Contractor Qualification Statement referred to in this paragraph shall be submitted in a sealed envelope, clearly marked with the Contractor's name; the identity of the Project; the date of the bid opening; and the legend “Contractor's Qualification Statement.” The Owner shall open the Contractor's Qualification Statement of the apparent low Bidder, and may open the Contractor's Qualification Statement of any other Bidder, at a time and place convenient to the Owner.

N. The Contractor shall comply with all requirements of the Pennsylvania Prevailing Wage Act,

found at 43 P.S. §165-1 et seq., including, without limitation, the Prevailing Wage Determination applicable to this Contract for Construction.

O. A list of the federal and state statutes, rules and regulations dealing with the prevention of

environmental pollution and the preservation of public natural resources that affect the Work under this Contract is attached hereto. The Bidder shall thoroughly acquaint itself with the requirements of the statutes enumerated and, if awarded a Contract for Construction, shall comply with: (i) such statutes and with the rules and regulations promulgated pursuant thereto as may be in effect on the Bid Date; and (ii) any local laws, codes and regulations that apply to this Project dealing with the prevention of environmental pollution and the preservation of public natural resources, all of the foregoing at no cost to the Owner. These obligations are a part of, and do not in any way limit, the Contractor's obligations to comply with all laws as set forth in the General Conditions.

P. Within five (5) calendar days after receipt of the notice of award, the Contractor shall provide

to the Owner a fully executed Certificate of Insurance as required by the Contract Documents, on the form shown in Section 00 0360 together with the insurance policy endorsements required by the Contract Documents.

Q. Within five (5) calendar days after receipt of the notice of award, the Contractor shall furnish

to the Owner its duly executed Performance Bond, in the form shown in Section 00 0370, and its duly executed Labor and Material Payment Bond, in the form shown in Section 00 0380.

R. Within five (5) calendar days after receipt of the notice of award, the Contractor shall furnish

to the Owner a properly executed Public Works Contractor Employment Verification Form, in the form shown in Section 00 0385, as required by Act 127 of 2012, known as the Public Works Employment Verification Act.

S. A Mandatory pre-Bid conference and walk-through tour of the school or site with all

prospective Bidders will be held at the date, time and place set forth in the Notice to Bidders. T. Each Bidder shall be deemed to have included in its Bid all costs and expenses of performing

its obligations under Article 7 of the General Conditions entitled "The Contractor's Construction Scheduling," including, without limitation, the provisions of Paragraph 7.3 of the General Conditions. All Bidders are reminded that the completion dates and times set





forth in the Contract Documents, including any interim milestone dates, are of the essence of the contract and that compliance therewith is mandatory (unless extended in accordance with the provisions of the Contract Documents). Accordingly, the submission of a Bid Proposal shall constitute a representation to the Owner that the Bidder has included within its Bid price all charges, costs and expenses necessary or incident to the timely progress and completion of its Work in accordance with the requirements of the Contract Documents, including, without limitation, any required shift time, overtime, expediting, out of sequence or special production expenses, or special transportation charges.

U. Not Used ARTICLE 5. - CONSIDERATION OF BIDS A. The Bids received on time will be opened publicly and read aloud at the Lower Merion

School District Operations Department Building, 2nd Floor Conference Room, 65 Rock Hill Road, Bala Cynwyd, PA 19004.

B. The Owner shall have the right to reject all Bids for any reason or for no reason. C. It is the intent of the Owner to award the Contract to the lowest responsible Bidder,

provided the Bid is responsive and has been submitted in accordance with the requirements of the Instructions to Bidders. The Owner shall have the right to waive any informality or irregularity in any Bid received. The Owner will send a notice of award to the Bidder selected, along with an unexecuted original of the Contract for Construction. The Bidder must execute and return the Contract for Construction, along with the surety bonds and the certificates of insurance within five (5) calendar days or the Owner may, at its option, award the Contract to another and hold the Bidder and its surety responsible for any and all damages.

D. Not Used E. The Owner may reject any Bid not responsive to the provisions of the Instructions to

Bidders, or which is in any way incomplete or irregular. Without limiting the generality of the foregoing sentence, the failure of the Bidder to submit any of the documents required to be submitted with the Bid or to provide any other information requested on the Bid Form - Proposal shall, in the Owner's sole and unfettered discretion, be grounds for a determination by the Owner that the Bid is not responsive and should be rejected; provided, however, that a Bidder's failure to furnish any price requested on the Bid Form - Proposal, whether for any Base Bid(s), any Alternate(s), any Unit Price(s), or otherwise, shall render its Bid non-responsive and shall cause the Owner to reject the Bid. In the event of an inconsistency between a Bid price stated both in words and in numbers, the Bid price stated in words shall control and the Bid Form - Proposal shall be evaluated using that price.





F. The Owner may reject any Bid submitted by a Bidder who the Owner, in its sole and unfettered discretion, determines is not responsible. Without limiting the generality of the foregoing, the Owner may consider the following in making such a determination:

(1) suspension or debarment by any governmental entity or agency,

whether state or federal; or (2) conviction or determination of liability for any act prohibited by

federal or state law in any jurisdiction involving conspiracy or collusion with respect to bidding on any public contract, at any time within three years of the date of the Bid, of the Bidder or any general or limited partner, officer, director or shareholder of the Bidder; or

(3) determination by the Owner, in its sole and unfettered discretion,

that the Bidder may lack the experience or financial strength to successfully perform and complete the Contract, shall be sufficient grounds for the Owner to determine that the Bidder is not responsible and that the Bid should be rejected; or

(4) a declaration of default or contract termination by the Owner under a prior contract for construction with the Bidder, at any time within three years of the date of the Bid; or

(5) any pending litigation between the Bidder and the Owner

concerning a prior contract for construction.

END OF SECTION 00 0200


SECTION 00 02 50 – PROJECT SUMMARY


PROJECT SUMMARY ISSUED FOR BID


PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General Conditions and other Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes the following: 1. Project identification. 2. Type of Contract. 3. Work phases. 4. Work under other contracts. 5. Overview of building. 6. Scope summary.

B. Related Sections include the following: 1. Division 1 Section “Temporary Facilities and Controls” for limitations and

procedures governing temporary use of Owner’s facilities.

1.3 PROJECT IDENTIFICATION

A. Project Identification: Reconstruct Masonry Parapet, Bala Cynwyd Middle School Project Location: 510 Bryn Mawr Ave., Bala Cynwyd, PA 19004

B. Owner: Lower Merion School District

Gary Musial Maintenance Coordinator Lower Merion School District

301 E. Montgomery Avenue, Ardmore, PA 19003.

C. Engineer: Shephard Restoration Engineers, Inc.

D. Intentionally omitted.

E. The work consists of but not limited to various building façade repairs including masonry, metal flashing and caulking.


SECTION 00 02 50 – PROJECT SUMMARY


PROJECT SUMMARY ISSUED FOR BID


1.4 TYPE OF CONTRACT

A. Project will be constructed under a multi - prime contract.

1.5 WORK PHASES

A. Refer to Drawings CS, R-1, R-2 for project phasing information.

B. Before commencing Work of each phase, submit a schedule showing the sequence, commencement and completion dates, and move-out and –in dates of Owner’s personnel for all phases of the Work.

1.6 WORK UNDER OTHER CONTRACTS

A. N/A

1.7 OVERVIEW OF BUILDING

A. Building is a middle school, multi- story structure, masonry construction with brick facade.

SCOPE SUMMARY

A. Work includes but is not limited to miscellaneous masonry repairs, brick replacement, metal flashing, control joints, caulking and metal coping.

B. The final scope of work will be determined by the base bid work and alternates selected (if any) as indicated in the contract documents.


SECTION 00 03 00 – BID FORM PROPOSAL


BID FORM PROPOSAL ISSUED FOR BID


To: Assistant Business Manager

Lower Merion School District 301 East Montgomery Avenue Ardmore, Pennsylvania 19003

Project: Reconstruct Masonry Parapet Wall – Bala Cynwyd Middle School for Lower Merion School District LMSD Contract No. 511805 Submitted on _________________________, 20___. PROPOSAL OF: Bidder: ________________________________________ Address: ________________________________________

________________________________________

________________________________________ Indicate which of the following: Corporation, incorporated and validly existing in the State of____________ and is duly qualified to do business in the Commonwealth of Pennsylvania. Partnership, duly formed and validly existing under the law of the State of ____________ and is duly qualified to do business in the Commonwealth of Pennsylvania. Individual, doing business as: ____________________________________ State license number and namestyle: ______________________________________________ We propose to furnish all labor, materials, tools, equipment, and any other facilities to perform all of the Work for the execution and completion of construction of the above-mentioned project in accordance with the plans, specifications, and all other Contract Documents for the: Reconstruct Masonry Parapet.





BASE BID – Proposes to furnish all profit, overhead, labor, materials, equipment, and services, and to perform all Work necessary for the completion of the Project, as drawn and specified, in strict accordance with the above-named Construction Contract Documents.

TOTAL BASE BID: $_______________________________ (number)

$__________________________________________________________________DOLLARS (written)

It is stipulated that if the Bid is accepted, the undersigned will commence the Work and complete the Work within the times required by the Contract Documents.

Acceptance

It is understood that acceptance of this proposal by The Lower Merion School District shall be evidenced by its issuance of a notice of award along with a Contract for Construction to the undersigned as the successful Bidder. If awarded the Project, we agree to execute and return the Contract for Construction, the surety bonds, certificates of insurance, and the Public Works Employment Verification Form within five (5) calendar days or agree that The Lower Merion School District may, at its option, award the Project to another and hold us responsible for any and all damages.

Addendum (Bidder's response required - what Addendum(s) are included in the Bid)

Addendum No. Date Issued _____________ _________ _____________ _________ _____________ _________ _____________ _________ The undersigned has carefully considered all the bidding and Contract Documents and this Bid is submitted subject thereto.

Representations The undersigned Bidder represents that:





1. The Bidder has read, understands and accepts the Contract Documents and its Bid is made in accordance with them.

2. The Bidder has visited the site, has become familiar with the local

conditions under which the Work is to be performed and has coordinated its observations with the requirements of the Contract Documents. The successful Bidder certifies that it has prepared its Bid based upon its own investigation of the site and the local conditions under which the Work is to be performed; it is aware of and acknowledges the paramount importance of the Owner's requirements for the phasing, timing and coordination of the Work, including the need for protecting pedestrian and vehicular traffic, and the necessity of maintaining the continuous and planned activities of a public school facility; shall not at any time after execution of the Contract for Construction make any claims whatsoever arising out of or relating to alleged insufficient data or incorrectly assumed conditions; and shall not claim any misunderstanding regarding the nature, condition or character of the Work as described herein and observed during the pre-Bid walk-through. Execution of the Contract for Construction by the successful Bidder shall constitute a full and complete waiver and release of any and all rights, claims and remedies which the successful Bidder may have against the Owner or the Design Professional arising out of or relating to alleged insufficient data, incorrectly assumed conditions and/or misunderstandings regarding the nature, condition or character of the Work as described herein and observed during the pre-Bid walk-through.

3. This Bid is based upon the products, materials, systems and equipment required by the Contract Documents without exception. Where the Contract Documents list one or more manufacturers or brand name products, materials, systems and equipment as acceptable, this Bid is, in each instance, based upon: (a) one of the listed manufacturers or brand name products, materials, systems and equipment; or (b) an alternative of the quality necessary to meet the specifications for the listed manufacturers or brand name products, materials, systems and equipment (hereinafter "Substitution") that has been approved prior to the date for receipt of Bids under Paragraph 3(F) of the Instructions to Bidders.

4. The Bidder is completely licensed in the jurisdiction in which the





Work is located, duly qualified to perform the Work in accordance with applicable law and experienced in performing the Work as described in the Contract Documents.

5. This Bid is firm and all inclusive. No escalation is contemplated for any reason whatsoever.

6. This Bid shall remain open for acceptance for sixty (60) days after the date of the Bid opening; provided however, that if the award is delayed by a required approval of another government agency, the sale of bonds, or the award of a grant or grants, the Bid shall remain open for acceptance for one hundred and twenty (120) days from the date of the Bid opening.

7. The Bidder has read the Contract for Construction and, if awarded

the Project, will execute and return the Contract to the Owner “as is” with no changes to any article whatsoever within five (5) calendar days after receipt of notice of the award.

8. The Bidder agrees to fully comply with the bonding and insurance requirements of the Contract Documents and has made arrangements with surety and insurance companies to issue and deliver to the Owner, within five (5) calendar days after receipt of notice of the award, the required bonds, insurance policies and certificates if awarded the Project.

9. Neither the Bidder nor any general or limited partner, officer, director or shareholder of the Bidder has, at any time within three (3) years of the date of the Bid, been: (1) suspended or debarred by any governmental entity or agency, whether state or federal; or (2) convicted or found liable for any act prohibited by federal or state law in any jurisdiction involving conspiracy or collusion with respect to bidding on any public contract, except as set forth in the Bidder's response to the Contractor's Qualification Statement submitted with its Bid.

10. The Bidder has reviewed the completion dates and times set forth in the

Contract Documents, including any interim Milestone Schedule dates, and this Bid includes any and all costs associated with completion by those dates and times, including any and all costs associated with any overtime, expediting and acceleration that may be required to complete the Work by





those dates and times. In addition, the Bidder and its Surety acknowledge their understanding that if the Bidder is awarded the Contract for Construction, the failure of the Bidder to perform and complete its work within the time required by the Contract Documents may cause the Owner to incur losses, costs, expenses, damages and/or liabilities in connection with delay to the commencement, performance and/or completion of the work on, such other contracts, including, without limitation, additional or increased construction costs. Accordingly, if it is awarded the Contract for Construction, the Bidder and its Surety shall also be responsible for any such losses, costs, expenses, damages and/or liabilities in accordance with the provisions of, and in addition to the other Delay Damages described in, Paragraph 14.3 of the General Conditions and the other Contract Documents.

11. The Bidder has attended any and all pre-Bid conferences and walk-through tours made mandatory by the Instructions to Bidders.

Bid Security As security for the Bid, the undersigned and its surety have submitted a Bid Bond in the form required by the Instructions to Bidders in the amount of twenty percent (20%) of the Base Bid. This Bid is executed by a duly authorized individual in the space provided below that applies to the Bidder's form of organization:





----------(If Bidder is a Sole Proprietorship)----------

CONTRACTOR:

Witness: _______________ _________________________________

(Signature of Individual)

Name: ___________________________

Trading and Doing Business As:

_________________________________ (Trade Name)

Social Security Number: _________________________________

----------(If Bidder is a Partnership)----------

CONTRACTOR:

_________________________________ (Name of Partnership)

Witness: _______________ BY: _____________________________

Name: ___________________________

Title: General Partner

Federal Identification Number: _________________________________





----------(If Bidder is a Corporation)----------

CONTRACTOR:

___________________________________ (Name of Corporation)

Attest: __________________________ BY: ____________________________ Secretary of Corporation

Name: __________________________ (AFFIX SEAL) Title: President


END OF SECTION 00 03 00

SECTION 00 0305 – BID BOND


Bid Bond 00 0305


KNOW ALL PERSONS BY THESE PRESENTS; that the undersigned

Bidder, ____________________________________, as Principal (hereinafter “Principal”) and , as Surety, a corporation with home offices located at ____________ , (hereinafter “Surety”), are held and firmly bound unto THE LOWER MERION SCHOOL DISTRICT (hereinafter “Obligee”), in the sum of ($ ), for the payment whereof Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted to Obligee a certain bid, dated on or after

the date of this Bid Bond, for the construction of the project, or that portion thereof, as is

described in the bid (hereinafter “Bid”).

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such

that, if the Obligee shall accept the Bid of Principal and the Principal shall in accordance

with such Bid:

1. properly execute and deliver to the Obligee the Contract for Construction in

the form required by the Contract Documents;

2. deliver to the Obligee properly executed surety bonds in the form required

by the Contract Documents for the faithful performance of such contract and

for the payment of all persons performing labor or furnishing materials in

connection therewith;



Bid Bond 00 0305


3. deliver to the Obligee properly executed insurance certificates,

and any other documents which the Contract Documents require to be

furnished at or before the execution of the Contract for Construction; and

4. shall in all other respects perform the agreement created by the acceptance

of such Bid,

then this obligation shall be null and void; otherwise it shall remain in full force and effect.

IN WITNESS WHEREOF, Principal and Surety have hereunto caused

this Bond to be duly executed and acknowledged as set forth below this ____

day of , 20__.

(Impress Corporate Seal, if applicable) (Principal)

ATTEST: By: Title: (Impress Corporate Seal)

(Surety) ATTEST: By: Title:

(Attorney-in-Fact) NOTE: An original Power of Attorney bearing same date as Bond must be attached.



Bid Bond 00 0305


CORPORATE ACKNOWLEDGMENT

STATE OF :

: ss. COUNTY OF :

On this day of , 20__, before me appeared , to

me known, who being by me duly sworn, did depose and say that (s)he resided in

; that (s)he is the of ,

the corporation (Principal) described in and which executed the foregoing Bid Bond

(hereinafter "Bond"); that (s)he knew the seal of said corporation; that the seal affixed to

the foregoing Bond is the corporate seal of said corporation; and that the foregoing Bond

was signed, sealed and delivered on behalf of said corporation by its authority duly given

as the voluntary act and deed of said corporation.

IN WITNESS WHEREOF, the said has subscribed and sworn to the

foregoing oaths before me, and I have hereunto set my hand and affixed my official seal the

day and year first above written.

______________________________ NOTARY PUBLIC

(Seal) My Commission Expires:

SECTION 00 0310 – LETTER OF SURETY


Letter of Surety 00 0310


DATE: TO: Dear:

The undersigned surety, licensed to do business in the Commonwealth of Pennsylvania and listed on the United States Department of the Treasury list for sureties acceptable on federal construction projects (United States Department of the Treasury Circular No. 570), hereby agrees that if: ____________________________________________________________________________ (Insert name of Bidder) is awarded the contract for the construction for the above-referenced Project, or that portion thereof, as is described in the Bid and the Contract Documents, then the undersigned surety will execute and issue to The Lower Merion School District, as obligee, the Performance Bond and the Labor and Material Payment Bond (“the Surety Bonds”) on the forms required by the Contract Documents.

In addition, the undersigned surety represents that either: (a) the penal sum of each of the Surety Bonds does not exceed ten per cent (10%) of its capital and surplus; or (b) at the time the Surety Bonds are executed and issued for the Bidder, it will provide evidence of co-suretyship or reinsurance as required by applicable law.

____________________________________________ (Name of Surety)

By: ________________________________________

(Attorney In Fact) Note: Original Power of Attorney bearing same date as letter must be attached.

SECTION 00 0320 – LETTER OF INSURER


Letter of Insurer 00 0320


DATE: TO: Mr. Victor Orlando Dear: The undersigned insurance agent, licensed to do business in the Commonwealth of Pennsylvania and authorized to issue this letter on behalf of the following insurance company or companies: ____________________________________________________________________________ ____________________________________________________________________________ hereby represents that if ____________________________________________________________________________ (Insert name of Bidder) is awarded the contract for the construction of the project, or that portion thereof, as is described in the Bid and the Contract Documents, then (1) the above-named insurance company or companies will issue insurance policies, naming the Lower Merion School District, the Lower Merion School Board of Directors, the Project Design Professionals, if any, and Construction Managers, if any, as additional insureds for the coverages and in the amounts required by the Contract Documents, (2) the policies will provide for written notice prior to any cancellation, termination, expiration or substantial modification of the required policies and (3) the above-named insurance company or companies will provide appropriate evidence by way of certificates of insurance and endorsements confirming the required types and amounts of insurance and the identity of the additional insureds both upon receiving notice of the School District’s intent to award and upon request of the School District or its representative during the course of the Project. .

___________________________________________ (Name of Agent)

By: ________________________________________

(Authorized Representative)

SECTION 00 0330 - CONTRACTOR’S QUALIFICATIONS STATEMENT


Contractor Qualification Statement 00 0330


Name of Contractor/Bidder: Address: Telephone No. Tax ID Number (SSN for Sole Proprietorships) _____________________________________________________ Indicate the scope of work to be performed:

1.1 Attach to your response a true and correct copy of: (a) your most current audited financial state-ment; and (b) all current licenses issued to you by any agency or instrumentality of the United States of America and/or the Commonwealth of Pennsylvania.

2.1 Provide a list of references and, for each reference, state the name, business address and business

telephone number of: (a) the Owner’s Project representative or principal contact; and (b) the Ar-chitect’s or Engineer’s Project representative or principal contact.

3.1 On a separate sheet, list the last seven (7) installation projects (regardless of contract amount) on

which your organization has most recently performed work or services, giving the name of the project, owner, architect, contract amount, date of commencement of the work, date of completion of the work and percentage of the of the work performed with your own forces. In addition, for each such project state the name, business address and business telephone number of: (a) the Owner’s Project representative or principal contact; and (b) the Architect’s or Engineer’s Project representative or principal contact.

4.1 List by name and court term and number any and all lawsuits or arbitrations in which you are in-

volved or have been involved with the last 5 years.





5.1 Describe the nature of the claims, suits or demands referenced above and the amount of money in

controversy for each claim.

6.1 In any of the above referenced claims, suits or demands have been resolved, state the nature of such resolution.

7.1 Have you ever (a) failed to complete a project, (b) been terminated from a project or (c) had a

claim made on your performance or payment bond on a project? _______ YES ________ NO If YES, please explain:

8.1 Neither the bidder nor any general or limited partner, officer, director or shareholder of the bidder

has, at any time within three years of the date of bid, been: (1) suspended or debarred by any gov-ernmental entity or agency, whether state or federal; or (2) convicted or found liable for any act prohibited by federal or state law in any jurisdiction involving conspiracy or collusion with respect to bidding on any public contract, except as follows: _______________________________________________________________________________

_______________________________________________________________(Attach additional sheet if necessary) Note: Any such conviction shall not prohibit the Owner from awarding the contract to the bidder, but may be a ground for a determination by the Owner that the bid should be rejected because the bidder is not responsible.





9.1 (1) The price(s) and amount of this bid have been arrived at independently and without con-sultation, communication or agreement with any other contractor, bidder or potential bid-der.

(2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor

approximate amount of this bid, have been disclosed to any other company or person who is a bidder or potential bidder, and they will not be disclosed before bid opening.

(3) No attempt has been made or will be made to induce any company or person to refrain

from bidding on this contract, or to submit a bid higher than this bid, or to submit any in-tentionally high or non-competitive bid or other form of complementary bid.

(4) The bid of my company is made in good faith and not pursuant to any agreement or dis-cussion with, or inducement from, any company or person to submit a complementary or other non-competitive bid. The bidder has not conspired, colluded or combined with any other person or entity in order to commit or attempt to commit bid-rigging involving this bid.

The undersigned, being duly sworn, understands and acknowledges that the above representations are material and important, and will be relied on by the Lower Merion School District in awarding the contract(s) for which this bid is submitted. I understand and my company understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Lower Merion School District of true facts relating to the submission of bids for this contract.

----------(If Bidder is a Sole Proprietorship)----------

CONTRACTOR: Witness: _______________ _________________________________


Name: ___________________________


_________________________________ (Trade Name)





----------(If Bidder is a Partnership)----------

CONTRACTOR:


Witness: _______________ BY: _____________________________

Name: ___________________________


----------(If Bidder is a Corporation)----------

CONTRACTOR:



Name: __________________________ (AFFIX SEAL) Title: President Name:

Title:


Non-Collusion Affidavit 00 0340


00 0340_Non-Collusion Affidavit

Contract / Bid No. State of : : s.s. County of : I state that I am of (Title) (Name of my Firm) And that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid. I state that:

(1) The price(s) and amount of this Bid have been arrived at independently and without consultation, communication or agreement with any other Contractor, Bidder or potential Bidder.

(2) Neither the price(s) nor the amount of this Bid, and neither the approximate price(s)

nor approximate amount of this Bid, have been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed before Bid opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain

from bidding on this Contract, or to submit a Bid higher than this Bid, or to submit any intentionally high or noncompetitive Bid or other form of complementary Bid.

(4) The Bid of my firm is made in good faith and not pursuant to any agreement or

discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Bid.

(5) , its affiliates, subsidiaries, officers, directors and

(Name of my Firm) employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:


Non-Collusion Affidavit 00 0340


I state that understands and acknowledges that (Name of my Firm) the above representations are material and important, and will be relied on by in awarding the contract(s) for which this Bid is (Name of public entity) submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from of the true facts relating to the submission of our (Name of public entity) Bid for this Contract. (Name and Company Position) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 .

My Commission Expires

Notary Public

SECTION 00 0350 - ANTI-POLLUTION MEASURES/ STATE & FEDERAL STATUTES


Anti-Pollution Measures 00 0350


Section 3301 of the Commonwealth Procurement Code (62 Pa. C.S. 3301) requires that the Owner advise bidders on construction contracts of the federal and Commonwealth statutes, rules and regulations dealing with the prevention of environmental pollution and the preservation of public natural resources that apply to the project on which bids are being received.

The bidder shall thoroughly acquaint itself with and comply with the terms of the statutes, enu-merated in this subsection and the rules and regulations promulgated pursuant thereto. In the event that the listed statutes, rules and regulations are amended, or if new statutes, rules or regu-lations become effective, which cause the contractor to perform additional or extra work, the Owner will issue a change order setting forth any additional or extra work that must be undertak-en. This change order will not invalidate the contract. The change order will specify the amount of additional payment, if any, that will be made to the contractor. If the Owner and the contractor cannot arrive at a mutually agreeable price for the additional or extra work, payment will be made in accordance with the change order provisions of the contract documents. Payment will not be made for additional or extra work performed without written authorization to do so.

The contractor will be required to comply with the acts and regulations enumerated on the fol-lowing list. This list is comprised of two parts: Part I listing Commonwealth statutes and Part II listing federal statutes.

The list is illustrative only and in no way limits contractor’s responsibility to comply with all federal, state and local laws, rules and regulations as required elsewhere in the contract docu-ments.

The contractor will also be required to comply with local laws, codes and regulations that apply to this project. It is the responsibility of the bidder to determine what, if any, local laws, codes and regulations are applicable.

Each contractor shall comply with the regulations and standards of Title 25 of the Pennsylvania Code. Contractor will be solely responsible for any violations and shall be responsible for secur-ing permits when required.

Burning - Burning of materials from clearing and grubbing operations, periodic and final clean-up and all related construction shall be governed by local codes and ordinances and the regula-tions of the Department of Environmental Protection. For each day that the contractor may con-template open burning, it shall secure written approval from the appropriate Department’s Re-gional Air Quality Control Engineer. Failure to secure permission for open burning will require the contractor to remove material from the project site and dispose of it in a manner acceptable to the Department’s Regional Air Quality Control Engineer, and in compliance with the "Solid Waste Management Act", Act dated July 7, 1980 (P.L. 380, No. 97), as amended, 35 P.S. 6018.101 et seq. If burning is permissible in a state forest, it shall be performed in a manner ap-proved by the Commonwealth’s Department of Conservation and Natural Resources’ local dis-trict forester.





Solid Waste - Storage, collection, transportation, processing and final disposal of solid waste shall be in accordance with regulations and standards of the Solid Waste Management Act. Im-mediately upon notice of award of contract, the contractor shall apply for the necessary permit from the Department’s Regional Waste Management Coordinator and conduct waste disposal on sites approved under this permit. A copy of this permit must be submitted to the Department’s Representative before commencing waste disposal. The Department’s Regional Waste Manage-ment Coordinator shall be contacted for the permit and for information concerning sites already approved for conducting waste disposal.

If, in the Owner’s opinion, a dust condition develops at the site, the contractor shall utilize spe-cific control methods including, but not limited to, water trucks and mechanical brooms to con-trol the creation of dust.

PART I

PENNSYLVANIA STATUTES

I. Purdon’s Statutes - Title 3 (Agriculture)

PA Fertilizer, Soil Conditioner and Plant Growth Substance Law, Act of May 29, 1956 (P.L. (1955) 1795), as amended, 3 P.S. 68.1 et seq.

PA Pesticide Control Act of 1973, Act of March 1, 1974 (P.L. 90, No. 24), as amended, 3 P.S. 111.21 et seq.

Agricultural Liming Materials Act, Act of March 17, 1978 (P.L. 15, No. 9), as amended, 3 P.S. 132-1 et seq.

Noxious Weed Control Law, Act of April 7, 1982 (P.L. 228, No. 74), as amended, 3 P.S. 255.1 et seq.

Plant Pest Act, Act of December 16, 1992 (P.L. 1228, No. 162), as amended, 3 P.S. 258.1 et seq.

Conservation District Law, Act of May 15, 1945 (P.L. 547), as amended, 3 P.S. 849 et seq.

(Relating to Weather Modification), Act of January 19, 1968 (P.L. (1967) 1024), as amended, 3 P.S. 1101 et seq.

Nutrient Management Act, Act of May 20, 1993 (P.L. 12, No. 6), as amended, 3 P.S. 1101 et seq.

II. Purdon’s Statutes - Title 16 (Counties)

(Relating to Land Use), Act of January 13, 1966 (P.L. (1965) 1292), as amended, 16 P.S. 11941 et seq.





III. Purdon’s Statutes - Title 18 (Crimes and Offenses)

The Crimes Code, Act of December 6, 1972 (P.L. 1482, No. 334), as amended, 18 Pa. C. S. A. 101 et seq.

IV. Purdon’s Statutes - Title 24 (Education)

Public School Code of 1949, Act of March 10, 1949 (P.L. 30), as amended, 24 P.S. 1-101 et seq.

V. Purdon’s Statutes - Title 30 (Fish)

The Fish and Boat Code, Act of October 16, 1980 (P.L. 996, No. 175), as amended, 30 Pa. C. S. A. 101 et seq.

VI. Purdon’s Statutes - Title 32 (Forests, Waters and State Parks)

(Relating to Water Power and Water Supply Permits), Act of June 14, 1923 (P.L. 704), as amended, 32 P.S. 591 et seq.

Water Well Drillers License Act, Act of May 29, 1956 (P.L. (1955) 1840), as amended, 32 P.S. 645.1 et seq.

(Relating to Flood Control), Act of August 7, 1936 (P.L. 106, 1st Ex. Sess., No. 46), as amended, 32 P.S. 653 et seq.

Flood Plain Management Act, Act of October 4, 1978 (P.L. 851, No. 166), as amended, 32 P.S. 679.101 et seq.

Storm Water Management Act, Act of October 4, 1978 (P.L. 864, No. 167), as amended, 32 P.S. 680.1 et seq.

Dam Safety and Encroachments Act, Act of November 26, 1978 (P.L. 1375, No. 325), as amended, 32 P.S. 693.1 et seq.

(Relating to Stream Clearance), Act of June 5, 1947 (P.L. 422), as amended, 32 P.S. 701 et seq.

(Relating to Potomac River Pollution), Act of May 29, 1945 (P.L. 1134), as amended, 32 P.S. 741 et seq.

(Relating to Schuylkill River Pollution), Act of June 4, 1945 (P.L. 1383), as amended, 32 P.S. 751.1 et seq.

(Relating to Delaware River Pollution), Act of April 19, 1945 (P.L. 272), as amended, 32 P.S. 815.31 et seq.





Delaware River Basin Compact, Act of July 7, 1961 (P.L. 518), as amended, 32 P.S. 815.101 et seq.

Ohio River Valley Water Sanitation Compact, Act of April 2, 1945 (P.L. 103), as amended, 32 P.S. 816.1 et seq.

Great Lakes Protection Fund Act, Act of July 6, 1989 (P.L. 215, No. 34), as amended, 32 P.S. 817.11 et seq.Brandywine River Valley Compact, Act of September 9, 1959 (P.L. 848), as amended, 32 P.S. 818 et seq.

Wheeling Creek Watershed Protection and Flood Prevention District Compact, Act of August 2, 1967 (P.L. 189), as amended, 32 P.S. 819.1 et seq.

Susquehanna River Basin Compact, Act of July 17, 1968 (P.L. 368, No. 181), as amended, 32 P.S. 820.1 et seq.

Chesapeake Bay Commission Agreement, Act of June 25, 1985 (P.L. 64, No. 25), as amended, 32 P.S. 820.11 et seq.

(Relating to Preservation and Acquisition of Land for Open Space Uses), Act of January 19, 1968 (P.L. (1967) 992), as amended, 32 P.S. 5001 et seq.

Land and Water Conservation and Reclamation Act, Act of January 19, 1968 (P.L. (1967) 996), as amended, 32 P.S. 5101 et seq.

Bluff Recession and Setback Act, Act of May 13, 1980 (P.L. 122, No. 48), as amended, 32 P.S. 5201 et seq.

Wild Resource Conservation Act, Act of June 23, 1982 (P.L. 597, No. 170), as amended, 32 P.S. 5301 et seq.

Cave Protection Act, Act of November 21, 1990 (P.L. 539, No. 133), as amended, 32 P.S. 5601 et seq.

Rails to Trails Act, Act of December 18, 1990 (P.L. 748, No. 188), as amended, 32 P.S. 5611 et seq.

VII. Purdon’s Statutes - Title 34 (Game)

The Game and Wildlife Code, Act of July 8, 1986 (P.L. 442, No. 93), as amended, 34 Pa. C.S.A. 101 et seq.

VIII. Purdon’s Statutes - Title 35 (Health and Safety)





(Related to Public Eating and Drinking Places), Act of May 23, 1945 (P.L. 926), as amended, 35 P.S. 655.1 et seq.

The Public Bathing Law, Act of June 23, 1931 (P.L. 899), as amended, 35 P.S. 672 et seq.

The Clean Streams Law, Act of June 22, 1937 (P.L. 1987), as amended, 35 P.S. 691.1 et seq.

(Related to Commonwealth Contribution to Cost of Abating Pollution) Act of August 20, 1953 (P.L. 1217), as amended, 35 P.S. 701 et seq.

PA Safe Drinking Water Act, Act of May 1, 1984 (P.L. 206, No. 43), as amended, 35 P.S. 721.1 et seq.

Phosphate Detergent Act, Act of July 5, 1989 (P.L. 166, No. 31), as amended, 35 P.S. 722.1 et seq.

Plumbing System Lead Ban and Notification Act, Act of July 6, 1989 (P.L. 207, No. 33), as amended, 35 P.S. 723.1 et seq.

PA Sewage Facilities Act, Act of January 24, 1966 (P.L. (1965) 1535), as amended, 35 P.S. 750.1 et seq.

Publicly Owned Treatment Works Penalty Law, Act of March 26, 1992 (P.L. 23, No. 9), as amended, 35 P.S. 752.1 et seq.

PA Solid Waste-Resource Recovery Development Act, Act of July 20, 1974 (P.L. 572, No. 198), as amended, 35 P.S. 755.1 et seq.

(Related to Pollution from Abandoned Mines), Act of December 15, 1965 (P.L. 1075), as amended, 35 P.S. 760.1 et seq.

Sewage System Cleaner Control Act, Act of May 28, 1992 (P.L. 249, No. 41), as amended, 35 P.S. 770.1 et seq.

Combustible and Flammable Liquids Act, Act of February 11, 1998 (P.L. 58, No. 15), as amend-ed, 35 P.S. 1241 et seq.

(Related to Camp Regulation), Act of November 10, 1959 (P.L. 1400), as amended, 35 P.S. 3001 et seq.

Air Pollution Control Act, Act of January 8, 1960 (P.L. (1959) 2119), as amended, 35 P.S. 4001 et seq.

(Related to Noise Pollution), Act of June 2, 1988 (P.L. 452, No. 74), as amended, 35 P.S. 4501 et seq.





Lead Certification Act, Act of July 6, 1995 (P.L. 291, No. 44), as amended, 35 P.S. 5901 et seq.

Solid Waste Management Act, Act of July 7, 1980 (P.L. 380, No. 97), as amended, 35 P.S. 6018.101 et seq.

(Related to Infectious and Chemotherapeutic Waste Disposal), Act of July 13, 1988 (P.L. 525, No. 93), as amended, 35 P.S. 6019.1 et seq.

Hazardous Sites Cleanup Act, Act of October 18, 1988 (P.L. 756, No. 108), as amended, 35 P.S. 6020.101 et seq.

Storage Tank and Spill Prevention Act, Act of July 6, 1989 (P.L. 169, No. 32), as amended, 35 P.S. 6021.101 et seq.

Hazardous Material Emergency Planning and Response Act, Act of December 7, 1990 (P.L. 639, No. 165), as amended, 35 P.S. 6022.101 et seq.

Oil Spill Responder Liability Act, Act of June 11, 1992 (P.L. 303, No. 52), as amended, 35 P.S. 6023.1 et seq.

Land Recycling and Environmental Remediation Standards Act, Act of May 19, 1995 (P.L. 4, No. 2), as amended, 35 P.S. 6026.101 et seq.

Radiation Protection Act, Act of July 10, 1984 (P.L. 688, No. 147), as amended, 35 P.S. 7110.101 et seq.

Low-Level Radioactive Waste Disposal Act, Act of February 9, 1988 (P.L. 31, No. 12), as amended, 35 P.S. 7130.101 et seq.

Waste Tire Recycling Act, Act of December 19, 1996 (P.L. 1478, No. 190), as amended, 35 P.S. 6029.101 et seq.

Worker and Community Right-to-Know Act, Act of October 5, 1984 (P.L. 734, No. 159), as amended, 35 P.S. 7301 et seq.

IX. Purdon’s Statutes - Title 36 (Highways and Bridges)

State Highway Law, Act of June 1, 1945 (P.L. 1242), as amended, 36 P.S. 670-101 et seq.

(Related to Junkyards Along Highways), Act of July 28, 1966 (P.L. 91, Sp. Sess.), as amended, 36 P.S. 2719.1 et seq.

Highway Vegetation Control Act, Act of December 20, 1983 (P.L. 293, No. 79), as amended, 36 P.S. 2720.1 et seq.





X. Purdon’s Statutes - Title 37 (Historical and Museums)

History Code, Act of May 26, 1988 (P.L. 414, No. 72), as amended, 37 Pa. C.S.A. 101 et seq.

XI. Purdon’s Statutes - Title 43 (Labor)

(Related to General Safety), Act of May 18, 1937 (P.L. 654), as amended, 43 P.S. 25-1 et seq.

Seasonal Farm Labor Act, Act of June 23, 1978 (P.L. 537, No. 93), as amended, 43 P.S. 1301.101 et seq.

XII. Purdon’s Statutes - Title 52 (Mines and Mining)

The Coal Mine Sealing Act of 1947, Act of June 30, 1947 (P.L. 1177), as amended, 52 P.S. 28.1 et seq.

Coal Refuse Disposal Control Act, Act of September 24, 1968 (P.L. 1040, No. 318), as amended, 52 P.S. 30.51 et seq.

(Related to Coal Land Improvement), Act of July 19, 1965 (P.L. 216, No. 117), as amended, 52 P.S. 30.101 et seq.

(Related to Mine Fires and Subsidence), Act of April 3, 1968 (P.L. 92, No. 42), as amended, 52 P.S. 30.201 et seq.

PA Anthracite Coal Mine Act, Act of November 10, 1965 (P.L. 721, No. 346), as amended, 52 P.S. 70-101 et seq.

(Related to Discharge of Coal into Banks of Streams), Act of June 27, 1913 (P.L. 640), as amended, 52 P.S. 631 et seq.

(Related to Caving-in, Collapse, Subsidence), Act of May 27, 1921 (P.L. 1198), as amended, 52 P.S. 661 et seq.

(Related to Subsidence), Act of September 20, 1961 (P.L. 1538), as amended, 52 P.S. 672.1 et seq.

Anthracite Strip Mining and Conservation Act, Act of June 27, 1947 (P.L. 1095), as amended, 52 P.S. 681.1 et seq.

(Related to Control and Drainage of Water from Coal Formations), Act of July 7, 1955 (P.L. 258), as amended, 52 P.S. 682 et seq.

PA Bituminous Coal Mine Act, Act of July 17, 1961 (P.L. 659), as amended, 52 P.S. 701-101 et seq.





(Related to Abandoned Mines), Act of May 7, 1935 (P.L. 141), as amended, 52 P.S. 809 et seq.

(Related to Maps and Plans), Act of June 15, 1911 (P.L. 954), as amended, 52 P.S. 823 et seq.

Surface Mining Conservation and Reclamation Act, Act of May 31, 1945 (P.L. 1198), as amend-ed, 52 P.S. 1396.1 et seq.

The Bituminous Mine Subsidence and Land Conservation Act, Act of April 27, 1966 (P.L. 31, 1st Sp. Sess.), as amended, 52 P.S. 1406.1 et seq.

(Related to Cave-in or Subsidence of Surface Above Mines), Act of July 2, 1937 (P.L. 2787), as amended, 52 P.S. 1407 et seq.

(Related to Coal Stripping), Act of June 18, 1941 (P.L. 133), as amended, 52 P.S. 1471 et seq.

(Related to Coal under State Lands), Act of June 1, 1933 (P.L. 1409), as amended, 52 P.S. 1501 et seq.

(Related to Mining Safety Zones), Act of December 22, 1959 (P.L. 1994), as amended, 52 P.S. 3101 et seq.

(Related to Coal Mine Subsidence Insurance Fund), Act of August 23, 1961 (P.L. 1068), as amended, 52 P.S. 3201 et seq.

Interstate Mining Compact, Act of May 5, 1966 (P.L. 40, Sp. Sess. No. 1), as amended, 52 P.S. 3251 et seq.

Noncoal Surface Mining Conservation and Reclamation Act, Act of December 19, 1984 (P.L. 1093, No. 219), as amended, 52 P.S. 3301 et seq.

XIII. Purdon’s Statutes - Title 53 (Municipal Corporations)

Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988 (P.L. 556, No. 101), as amended, 53 P.S. 4000.101 et seq.

XIV. Purdon’s Statutes - Title 58 (Oil and Gas)

Oil and Gas Conservation Law, Act of July 25, 1961 (P.L. 825), as amended, 58 P.S. 401 et seq.

PA Used Oil Recycling Act, Act of April 9, 1982 (P.L. 314, No. 89), as amended, 58 P.S. 471 et seq.

Coal and Gas Resource Coordination Act, Act of December 18, 1984 (P.L. 1069, No. 214), as amended, 58 P.S. 501 et seq.





Oil and Gas Act, Act of December 19, 1984 (P.L. 1140, No. 223), as amended, 58 P.S. 601.101 et seq.

XV. Purdon’s Statutes - Title 63 (Professions and Occupations)

Sewage Treatment Plant and Waterworks Operators’ Certification Act, Act of November 18, 1968 (P.L. 1052, No. 322), as amended, 63 P.S. 1001 et seq.

XVI. Purdon’s Statutes - Title 64 (Public Lands)

PA Appalachian Trail Act, Act of April 28, 1978 (P.L. 87, No. 41), as amended, 64 P.S. 801 et seq.

XVII. Purdon’s Statutes - Title 71 (State Government)

The Administrative Code of 1929, Act of April 9, 1929 (P.L. 177, No. 175), as amended, 71 P.S. 51 et seq.

Conservation and Natural Resources Act, Act of June 28, 1995 (P.L. 89, No. 18), as amended, 71 P.S. 1340.101 et seq.

XVIII. Purdon’s Statutes - Title 72 (Taxation and Fiscal Affairs)

Project 70 Land Acquisition and Borrowing Act, Act of June 22, 1964 (P.L. 131, Sp. Sess., No. 8), as amended, 72 P.S. 3946.1 et seq.

(Related to Pollution Control Devices), Act of March 4, 1971 (P.L. 6, No. 2), as amended, 72 P.S. 7602.1 et seq.

XIX. Purdon’s Statutes - Title 73 (Trade and Commerce)

(Related to Explosives), Act of July 1, 1937 (P.L. 2681), as amended, 73 P.S. 151 et seq.

(Related to Explosives), Act of July 10, 1957 (P.L. 685), as amended, 73 P.S. 164 et seq.

(Related to Black Powder), Act of May 31, 1974 (P.L. 304, No. 96), as amended, 73 P.S. 169 et seq.

(Related to Excavation and Demolition), Act of December 10, 1974 (P.L. 852, No. 287), as amended, 73 P.S. 176 et seq.

Site Development Act, Act of May 6, 1968 (P.L. 117, No. 61), as amended, 73 P.S. 361 et seq.

XX. Purdon’s Statutes - Title 75 (Vehicles)





Vehicle Code, Act of June 17, 1976 (P.L. 162, No. 81), as amended, 75 Pa. C.S.A. 101 et seq.

Snowmobile and All-Terrain Vehicle Law, Act of June 17, 1976 (P.L. 162, No. 81), as amended, 75 Pa. C. S. A. 7701 et seq.

(Related to Hazardous Materials Transport), Act of June 30, 1984 (P.L. 473, No. 99), as amend-ed, 75 Pa. C.S.A. 8301 et seq.

XXI. Purdon’s Statutes - Title 77 (Workmen’s Compensation)

PA Workmen’s Compensation Act, Act of June 2, 1915 (P.L. 736), as amended, 77 P.S. 1 et seq.

PA Occupational Disease Act, Act of June 21, 1939 (P.L. 566, No. 284), as amended, 77 P.S. 1201 et seq.

XXII. Pennsylvania Constitution-Article I, Section 27 (Adopted May 18, 1971).

PART II

FEDERAL STATUTES

Acid Precipitation Act of 1980 (42 U.S.C. 8901-8912)

Act to Prevent Pollution from Ships (33 U.S.C. 1901-1912)

Agricultural Act of 1970 (16 U.S.C. 1501-1510)

Asbestos Hazard Emergency Response Act of 1986 (see Toxic Substances Control Act Sec-tions 201-214 (15 U.S.C. 2641-2654))

Atomic Energy Act of 1954 (42 U.S.C. 2014, 2021, 2021a, 2022, 2111, 2113, 2114)

Clean Air Act (42 U.S.C. 7401-7642)

Clean Water Act (see Federal Water Pollution Control Act)

Coastal Wetlands Planning, Protection and Restoration Act (16 U.S.C. 3951-3956)

Coastal Zone Management Act of 1972 (16 U.S.C. 1451-1464)

Community Environmental Response Facilitation Act (42 U.S.C. 9620 note)

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601-9675)





Emergency Planning and Right-To-Know Act of 1986 (42 U.S.C. 11001-11050)

Endangered Species Act of 1973 (16 U.S.C. 1531-1544)

Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 791-798)

Environmental Quality Improvement Act of 1970 (42 U.S.C. 4371-4375)

Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7201-7491)

Federal Facility Compliance Act of 1992 (42 U.S.C. 6901 note)

Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y)

Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701-1784)

Federal Water Pollution Control Act (33 U.S.C. 1251-1387)

Geothermal Energy Research, Development, and Demonstration Act of 1974 (30 U.S.C. 1101-1164)

Global Climate Protection Act of 1987 (15 U.S.C. 2901 note)

Hazardous Substance Response Revenue Act of 1980 (see 26 U.S.C. 4611, 4612, 4661, 4662)

Lead-Based Paint Exposure Reduction Act (15 U.S.C. 2681-2692)

Lead Contamination Control Act of 1988 (42 U.S.C. 300j-21 to 300j-25)

Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b-2021d)

Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401-1445)

Mining and Mineral Resources Research Institute Act of 1984 (30 U.S.C. 1221-1230)

National Climate Program Act (15 U.S.C. 2901-2908)

National Contaminated Sediment Assessment and Management Act (33 U.S.C. 1271 note)

National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370b)

National Invasive Species Act of 1996 (16 U.S.C. 4701-4751)

National Ocean Pollution Planning Act of 1978 (33 U.S.C. 1701-1709)





Noise Control Act of 1972 (42 U.S.C. 4901-4918)

Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101-10270)

Oil Pollution Act of 1990 (33 U.S.C. 2701-2761)

Organotin Anti-Fouling Paint Control Act of 1988 (33 U.S.C. 2401-2410)

Outer Continental Shelf Land Act Amendments of 1978 (43 U.S.C. 1801-1866)

Pollution Prevention Act of 1990 (42 U.S.C. 13101-13109)

Public Health Service Act (42 U.S.C. 300f-300j-11)

Renewable Resources Extension Act of 1978 (16 U.S.C. 1671-1676)

Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901-699li)

Safe Drinking Water Act (see Public Health Service Act Sections 1401-1451 (42 U.S.C. 300f-300j-11))

Drinking Water Act Amendments of 1996 (42 U.S.C. 300f-300j-18)

Soil and Water Resources Conservation Act of 1977 (16 U.S.C. 2001-2009)

Solid Waste Disposal Act (42 U.S.C. 6901-6991i)

Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201-1328)

Toxic Substances Control Act (15 U.S.C. 2601-2692)

Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901-7942)

Water Resources Development Act of 1996 (33 U.S.C. 467-467j)

Water Resources Research Act of 1984 (42 U.S.C. 10301-10309)

Wood Residue Utilization Act of 1980 (16 U.S.C. 1681-1687)


CERTIFICATE OF INSURANCE Issue Date:

Producer This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below.

Insured COMPANIES AFFORDING COVERAGE: Company Letter A

Company Letter B

Company Letter C

Company Letter D

Company Letter E

COVERAGES

Th i s i s t o ce r t i fy t h a t t h e p o l i c i e s o f i n s u r a n ce l i s t ed b e l o w h a ve b een i s s u ed t o t h e i n s u r ed n a m ed a b o ve fo r t h e p o l i cy p e r i o d i n d i ca t ed n o twi th s t a n d in g a n y r eq u i r em en t , t e r m o r co n d i t i o n o f a n y co n t r a c t o r o th e r d o cu m en t wi th r e s p ec t t o wh ich t h i s Ce r t i f i ca t e m a y b e i s s u ed o r m a y p e r t a i n . Th e i n s u r a n ce a f fo r d ed b y t h e p o l i c i e s d es c r i b ed h e r e in i s s u b j ec t t o a l l t h e t e r m s , ex c lu s io n s a n d co n d i t i o n s o f s u ch p o l i c i e s . Li m i t s s h o wn m a y h a ve b een r ed u ced b y p a id c l a im s .

Type of Insurance Policy Number Policy Effective Date Policy Expiration Date All Limits in Thousands

GENERAL LIABILITY Commercial General Liability Claims Made Occur

Owner=s & Contract-or=s Prot

Gen. AggregateProducts-Comp/ OPS AggregatePersonal & Advertising InjuryEach occurrenceFire DamageMedical Exp.

AUTOMOBILE LIA- BILITY Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos Garage Liability ___Motor Veh. Pollution

Combined Single LimitBodily Injury (Pr.Per.)Bodily Injury (Pr. Acc.)Prop Dam____________________

EXCESS LIABILITY

Other Than Umbr. Form

EachOccur. _________ Aggreg. __________

WORKER=S COMPEN- SATION AND EMPLOYERS= LIABIL- ITY

Statutory

(Each Accident)

(Disease-Pol. Limit)

(Disease-Ea. Emp.)

OTHER

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS:

CERTIFICATE HOLDER: Lower Merion School District, 301 East Montgomery Avenue, Ardmore, PA 19003.

ADDITIONAL INSURED: Lower Merion School District, its Design Professionals, its Owners Representatives, and its Board of School Directors.

CANCELLATION: Each of the insurance policies contain a provision that none of the coverages listed in this Certificate shall be canceled or allowed to expire until written notice has been given to the Lower M er ion S chool D is t r i c t by the insurance company.

The undersigned certifies that the foregoing is true and correct as an authorized representative of the Listed Insurance Companies:

______________________________________ Print name & Address: ___________________________________________ ___________________________________________

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Certificate of Insurance

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00 0360 April 1, 2017

SECTION 00 0370 – PERFORMANCE BOND


Performance Bond 00 0370


KNOW ALL PERSONS BY THESE PRESENTS, that

__________________________________________________, a ______________ corporation, of _______________________________________________________________________, as Principal (hereinafter called the “Principal”), and __________________________________________________, a _______________ corporation, of _______________________________________________________________________, as Surety (hereinafter called the “Surety”), are held and firmly bound unto the LOWER MERION

SCHOOL DISTRICT, 301 East Montgomery Avenue, Ardmore, Pennsylvania, 19003, a

Pennsylvania public school district (hereinafter called the “Obligee”), in the sum of

_______________________________________________ DOLLARS ($___________), for the

payment of which sum well and truly to be made, the Principal and Surety bind themselves, and

their respective heirs, administrators, executors, successors and assigns jointly and severally,

firmly by these presents.

WHEREAS, the Principal and the Obligee have entered into a written Contract for

Construction dated ______________ (hereinafter called the “Contract”), for the Masonry

Retaining Wall Repairs as more fully described and mentioned in said Contract and the Contract

Documents identified therein, which are hereby incorporated in and made a part of this Bond

with the same force and effect as if fully set forth at length herein; and

WHEREAS, Obligee is a “contracting body” under the provisions of Act No. 385 of the

General Assembly of the Commonwealth of Pennsylvania, approved by the Governor on

December 20, 1967, known and cited as the “Public Works Contractors Bond Law” of 1967, 8

P.S. '191 et seq. (the “Act”); and





WHEREAS, the Act requires that before an award shall be made to the Principal by the

Obligee, the Principal shall furnish this Performance Bond to the Obligee; and

WHEREAS, the Contract and the Contract Documents identified therein also require the

Principal to furnish this Performance Bond to the Obligee.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that

if the above named Principal shall well and truly perform all of the undertakings, covenants,

terms, conditions and provisions of said Contract within the time provided therein and any

extensions thereof that may be granted by the Obligee, and during the life of any guarantees

contained in or required under said Contract, and shall also well and truly perform all the

undertakings, covenants, terms, conditions and agreements of any and all modifications of said

Contract that may hereafter be made, and shall indemnify and save harmless the Obligee of and

from any and all liability, loss, damage and expense, including costs and attorneys' fees, which

the Obligee may sustain by reason of the Principal's failure, neglect and/or refusal so to do, or by

reason of any other default of the Principal thereunder, or default of the Principal or Surety

hereunder, then this obligation shall be null and void; otherwise it shall remain in full force and

effect.

The Surety, for value received, agrees that its obligation shall in nowise be impaired or

affected by any change, extension of time, alteration, addition, omission or other modification in

or of the said Contract, the Contract Documents or the work to be performed thereunder, or by

any act of forbearance of either the Principal or the Obligee toward the other with respect

thereto, or by any reduction of any percentage of the Contract Sum retained by the Obligee under

the Contract and the Contract Documents, and the Surety does hereby waive notice of any and all





such changes, extensions of time, alterations, additions, omissions, other modifications, acts of

forbearance and/or reduction of retained percentage.

In addition to any other obligations it may have under this Performance Bond, the

Contract, the Contract Documents and applicable law, and not in limitation thereof, the Surety,

for value received, agrees, if requested to do so by the Obligee, to perform fully and complete the

Work mentioned and described in said Contract and any and all modifications thereof pursuant to

and in accordance with the undertakings, covenants, terms, conditions and provisions thereof, if

the Principal fails, neglects and/or refuses to so perform fully and complete said Work or shall

otherwise be in default under said Contract and further agrees to commence the performance of

said Work within ten (10) calendar days after notice thereof from an Officer of the Obligee of

such failure, neglect and/or refusal or other default of the Principal and to perform and complete

the same within the time required under said Contract and any and all modifications thereof.

This Bond shall be for the sole benefit of the Obligee, its successors and assigns.





IN WITNESS WHEREOF, the Principal and Surety have hereunto affixed their

corporate seals and caused this Bond to be duly executed and acknowledged by their duly

authorized officers or representatives this ________ day of ________________, 20___.

(Corporate Seal) ___________________________________

(Name of Principal) Attest: By:________________________________ _______________________ Title:_______________________________ (Secty/Asst. Secty) (Corporate Seal) ___________________________________

(Name of Surety) Attest: By:________________________________ _______________________ Title: Attorney-in-Fact (Secretary) NOTE: An original Power of Attorney bearing same date as Bond must be attached.





CORPORATE ACKNOWLEDGMENT

STATE OF :

: ss. COUNTY OF :

On this day of , 20___ before me appeared ,

to me known, who being by me duly sworn, did depose and say that (s)he resided in

; that (s)he is the of , the corporation

(Principal) described in and which executed the foregoing Performance Bond (hereinafter

“Bond”); that (s)he knew the seal of said corporation; that the seal affixed to the foregoing Bond

is the corporate seal of said corporation; and that the foregoing Bond was signed, sealed and

delivered on behalf of said corporation by its authority duly given as the voluntary act and deed

of said corporation.


foregoing oaths before me, and I have hereunto set my hand and affixed my official seal the day

and year first above written.

______________________________ NOTARY PUBLIC

(Seal) My Commission Expires: END OF SECTION 00 0370

SECTION 00 0380 – LABOR AND MATERIAL PAYMENT BOND


Labor and Material Payment Bond 00 0380


KNOW ALL PERSONS BY THESE PRESENTS, that

__________________________________________________, a _______________ corporation, of _______________________________________________________________________, as Principal (hereinafter called the “Principal”), and __________________________________________________, a _______________ corporation, of _______________________________________________________________________, as Surety (hereinafter called the “Surety”), are held and firmly bound unto the LOWER MERION

SCHOOL DISTRICT, 301 East Montgomery Avenue, Ardmore, Pennsylvania, 19003, a

Pennsylvania public school district (hereinafter called the “Obligee”), in the sum of

_______________________________________________ DOLLARS ($___________), for the

payment of which sum well and truly to be made, the Principal and Surety bind themselves, and

their respective heirs, administrators, executors, successors and assigns jointly and severally,

firmly by these presents.

WHEREAS, the Principal and the Obligee have entered into a written Contract for

Construction dated ______________ (hereinafter called the “Contract”), for Reconstructing the

Masonry Parapet, as more fully described and mentioned in said Contract and the Contract

Documents identified therein, which are hereby incorporated in and made a part of this Bond

with the same force and effect as if fully set forth at length herein; and

WHEREAS, Obligee is a “contracting body” under the provisions of Act No. 385 of the

General Assembly of the Commonwealth of Pennsylvania, approved by the Governor on

December 20, 1967, known and cited as the “Public Works Contractors Bond Law of 1967,” 8





P.S. '191 et seq. (the “Act”); and

WHEREAS, the Act requires that before an award shall be made to the Principal by the

Obligee, the Principal shall furnish this Labor and Material Payment Bond to the Obligee; and

WHEREAS, the Contract and the Contract Documents identified therein also require the

Principal to furnish this Labor and Material Payment Bond to the Obligee.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if

the Principal and any Subcontractor of the Principal to which any portion of the Work under the

Contract shall be subcontracted, shall promptly make payment to all claimants, as hereinafter

defined, for all material furnished and labor supplied or performed, including public utility

services and reasonable rentals of equipment (but only for periods when the equipment rented is

actually used at the site), then this obligation shall be void; otherwise it shall remain in full force

and effect, subject, however, to the following conditions:

1. This Bond shall be solely for the protection of claimants supplying labor or

materials in the prosecution of the Work provided for in the Contract to the Principal or to any

Subcontractor of the Principal to which any portion of the Work under the Contract shall be

subcontracted. A Claimant is defined as a person, co-partnership, association or corporation who

has furnished material or supplied or performed labor in the prosecution of the Work under the

Contract, including public utility services and reasonable rentals of equipment (but only for

periods when the equipment rented is actually used at the site).

2. The above-named Principal and Surety hereby jointly and severally agree with the

Obligee that every claimant, as herein defined, who has performed labor or furnished material in

the prosecution of the Work under the Contract and who has not been paid in full therefore





before the expiration of ninety (90) days after the day on which such claimant performed the last

of such labor or furnished the last of such materials for which it claims payment, may bring an

action on this Bond in its own name, in assumpsit, to recover any amount due it for such labor or

material and may prosecute such action to final judgment and have execution on the judgment.

The provisions of this Bond shall be applicable whether or not the material furnished or the labor

performed enters into and becomes a component part of the public building, public work or

public improvement contemplated by the Contract. The Obligee shall not be liable for the

payment of any costs or expenses of any such suit.

3. No suit or action shall be commenced hereunder by any claimant:

(a) if the claimant has a direct contractual relationship with any

Subcontractor of the Principal, but has no contractual relationship, express or

implied, with the Principal, unless such claimant shall have given written notice to

the Principal within ninety (90) days after such claimant did or performed the last

of the Work or labor, or furnished the last of the materials for which said claim is

made, stating with substantial accuracy the amount claimed and the name of the

party to whom the materials were furnished, or for whom the Work or labor was

done or performed. Such notice shall be served by mailing same registered mail

or certified mail, postage prepaid, in an envelope addressed to the Principal at any

place where an office is regularly maintained for the transaction of business, or

served in any manner in which legal process may be served in the manner now or

hereafter provided by law for the service of a summons, except that such service

need not be made by a public officer;

(b) after the expiration of one (1) year following the date on which





Principal ceased work on said Contract; it being understood, however, that if any

limitation embodied in this Bond is prohibited by any law controlling the

construction hereof, such limitation shall be deemed to be amended so as to be

equal to the minimum period of limitation permitted by such law;

(c) other than in a state court of competent jurisdiction in and for the

county or other political subdivision of the state in which the Project, or any part

thereof, is situated, or in the United States District Court for the district in which

the Project, or any part thereof, is situated, and not elsewhere.

4. The amount of this Bond shall be reduced by and to the extent of any payment or

payments made in good faith hereunder by Surety.





IN WITNESS WHEREOF, the Principal and Surety have hereunto caused this Bond to be duly

executed and acknowledged as set forth below this day of , 20___.

(Corporate Seal) __________________________________ (Name of Principal)

Attest: By:________________________________ _______________________ Title:_______________________________ (Secty/Asst. Secty) (Corporate Seal) ____________________________________

(Name of Surety) Attest: By:__________________________________ _______________________ Title: Attorney-in-Fact (Secretary) NOTE: An original Power of Attorney bearing same date as Bond must be attached.





CORPORATE ACKNOWLEDGMENT STATE OF :

: ss. COUNTY OF :

On this day of , 20___, before me appeared ,

to me known, who being by me duly sworn, did depose and say that (s)he resided in

; that (s)he is the of , the corporation

(Principal) described in and which executed the foregoing Labor and Material Payment Bond

(hereinafter “Bond”); that (s)he knew the seal of said corporation; that the seal affixed to the

foregoing Bond is the corporate seal of said corporation; and that the foregoing Bond was signed,

sealed and delivered on behalf of said corporation by its authority duly given as the voluntary act

and deed of said corporation.


foregoing oaths before me, and I have hereunto set my hand and affixed my official seal the day

and year first above written.

______________________________

NOTARY PUBLIC (Seal) My Commission Expires:

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date _________ _

Business or Organization Name (Employer), _____________________ _

Address --------------------------------

City _________________ State _____ _ Zip Code

D Contractor D Subcontractor (check one)

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

GEIGERK

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Section 00 0385 April 1, 2018

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SECTION 00 7000 – GENERAL CONDITIONS


General Conditions 00 7000


TABLE OF CONTENTS Page ARTICLE 1 – DEFINITIONS ----------------------------------------------------------------3 ARTICLE 2 – GENERAL PROVISIONS REGARDING -------------------------------6 THE SCOPE OF THE WORK ARTICLE 3 – THE OWNER’S GENERAL RESPONSIBILITIES --------------------8 ARTICLE 4 – THE CONTRACTOR’S GENERAL -------------------------------------10 RESPONSIBILITIES ARTICLE 5 – THE DESIGN PROFESSIONAL’S GENERAL -----------------------17 RESPONSIBILITIES ARTICLE 5A – THE CONSTRUCTION MANAGER’S -------------------------------19 RESPONSIBILITIES ARTICLE 6 – SALES TAXES --------------------------------------------------------------20 ARTICLE 7 – THE CONTRACTOR’S CONSTRUCTION ----------------------------20 SCHEDULING ARTICLE 8 – SHOP DRAWINGS, SUBMITTALS AND -----------------------------25 SUBSTITUTIONS ARTICLE 9 – INDEMNIFICATION ------------------------------------------------------28 ARTICLE 10 – WAIVER OF LIENS ------------------------------------------------------29 ARTICLE 11 – SUBCONTRACTORS ----------------------------------------------------29 ARTICLE 12 – MUTUAL RESPONSIBILITY OF SEPARATE ----------------------30 CONTRACTORS ARTICLE 13 – ADDITIONS, DELETIONS AND CHANGES ------------------------32 IN THE WORK ARTICLE 14 – THE CONTRACT TIME --------------------------------------------------35 ARTICLE 15 – PAYMENTS -----------------------------------------------------------------37 Table of Contents (Con’t)





Page ARTICLE 16 – PROTECTION OF PERSONS AND PROPERTY ------------------.43 ARTICLE 17 – INSURANCE AND BONDS --------------------------------------------45 ARTICLE 18 – UNCOVERING AND CORRECTION OF WORK -----------------48 ARTICLE 19 – COMPLETION ------------------------------------------------------------49 ARTICLE 20 – TESTS AND INSPECTIONS--------------------------------------------51 ARTICLE 21 – LEGAL REQUIREMENTS----------------------------------------------52 ARTICLE 22 – THE CONTRACTOR’S REMEDIES ----------------------------------55 ARTICLE 23 – THE OWNER’S REMEDIES--------------------------------------------55 ARTICLE 24 – CLAIM RESOLUTION---------------------------------------------------58 ARTICLE 25 – MISCELLANEOUS PROVISIONS-------------------------------------61





ARTICLE 1 - DEFINITIONS Unless otherwise provided, the words and phrases defined in this Article shall have the meanings set forth in this Article whenever used in any of the Contract Documents. “addenda” — “addenda" are written or graphic instruments issued prior to the execution of the Contract for Construction which modify or interpret the bidding documents, including the Drawings and Specifications, by additions, deletions, clarifications or corrections. “approved” — when the words "approved", “approval”, "satisfactory", "proper" or "as directed" are used, approval by the Design Professional and Owner shall be understood, unless a specific person or entity is otherwise identified. “approved equal” — an alternative product approved in accordance with paragraphs 3.F or 3.G of the Instructions to Bidders or under Article 8 hereof. “bulletins” — "bulletins" are written or graphic instruments issued by the Owner or Design Professional after the execution of the Contract for Construction which request a proposal from the Contractor. “Change Order” — a Change Order is a writing signed by the Owner, the Contractor and the Design Professional in order to set forth the parties agreement with respect to an addition, deletion or change to the Work and any adjustment to the Contract Sum or the Contract Time on account thereof. “Construction Change Directive” — a Construction Change Directive is a writing signed by the Owner and the Design Professional directing the Contractor to proceed with an addition, deletion or change to the Work, selecting a method of adjustment to the Contract Sum and proposing any adjustment to the Contract Time on account of such addition, deletion or change to the Work. “Construction Manager” – NOT APPLICABLE. “the Contract Documents” — the Contract Documents consist of: (i) the document styled as the Contract for Construction signed by the Owner and the Contractor; (ii) the other documents set forth in “Division 0 - Bidding and Contract Requirements” of the Project Manual, including the Bid Proposal- Form as submitted by the Contractor; (iii) the Drawings; (iv) the Project Manual (including “Division 1 - General Requirements” which applies to all Contracts for Construction) and Specifications; (v) addenda issued prior to execution of the Contract for Construction; (vi) Modifications issued after execution of the Contract for Construction; (vi) and all other documents listed in the Contract for Construction. “the Contract for Construction” — the phrase “the Contract for Construction” includes the agreement form styled as the Contract for Construction signed by the Owner and the Contractor and the other Contract Documents. “the Contractor” — the Contractor is the person or entity identified as such in the Contract for Construction and is referred to throughout the Contract Documents as if singular in number. The





term "the Contractor" means the Contractor or the Contractor's authorized representative. When the Owner has entered into more than one Contract for Construction for the Project, such as separate contracts for general construction, HVAC, plumbing and electrical work, each separate contractor shall be deemed to be “the Contractor” with respect to the Work under its Contract for Construction. If the Owner enters into a single prime contract for the Work, then the single prime contractor is the Contractor. “the Contract Sum” — the Contract Sum is stated in the agreement form styled as the Contract for Construction. The Contract Sum, subject to additions and deductions as provided in the General Conditions, is the total compensation to be paid by the Owner to the Contractor for performance of the Work in strict accordance with the Contract Documents. “the Contract Time” — the Contract Time is the period of time, subject to any extensions of time granted by the Owner as provided in the General Conditions, set forth in Section 2.1 of the agreement form styled as the Contract for Construction within which the Contractor must substantially complete the Work. “day” — the term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. “the Design Professional” — the Design Professional is the person lawfully licensed to practice architecture or engineering or an entity lawfully practicing architecture or engineering which prepared the Drawings and Specifications for the Project. The term "the Design Professional" means the Design Professional or the Design Professional's authorized representative. Any reference in the Contract Documents to the Architect, the Architect/Engineer, or the A/E, shall be deemed to refer to the Design Professional. “the Drawings” — the Drawings are documents prepared by the Design Professional and listed in specification section 00 01 15 or added by an Addendum or Modification which present the design, location and dimensions of the Work in a graphic and pictorial fashion, and may include plans, elevations, sections, details, schedules and diagrams. The Drawings may be revised from time to time by the Design Professional. The Drawings may also show the work of the Owner or of separate contractors on the Project. “furnish” – The term “furnish” is used to mean “supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation and similar operations.” “install” - “Install” The term "install" is used to describe operations at the project site including the actual "unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, performing, coordinating with other trades, protecting, cleaning, and similar activities". “knowledge” — the terms "knowledge", "recognize" and "discover", their respective derivatives and similar terms in the Contract Documents, as used in reference to the Contractor, shall be interpreted to mean that which the Contractor knows or should know, recognizes or should recognize and discovers or should discover in exercising the care, skill and diligence of a Contractor familiar with the Project and as otherwise required by the Contract Documents. The





expressions "reasonably inferable," “reasonably infer,” and similar terms in the Contract Documents shall be interpreted to mean reasonably inferable by a contractor familiar with the Project and exercising the care, skill and diligence required of the Contractor by the Contract Documents. “Modification” — a Modification is: (1) a written amendment to the Contract for Construction signed by both parties; (2) a Change Order; (3) a Construction Change Directive or; (4) the Owner’s or Design Professional’s written order for a minor change in the Work. “the Owner” — the Owner is the Lower Merion School District and is referred to throughout the Contract Documents as if singular in number. The term "the Owner" means the Owner or the Owner's authorized representative. Whenever under any of the Contract Documents, the Contractor and/or its Surety are required to indemnify, protect, defend or hold harmless the “Owner,” the term “Owner” shall mean and include the Lower Merion School District, The Board of School Directors of the Lower Merion School District and all of their officers, directors, agents, employees, successors, predecessors and assigns. “the Owner’s Representative” – is defined in paragraph 3.1. “persistently fails” — the phrase "persistently fails" and other similar expressions, as used in reference to the Contractor, shall be interpreted to mean any combination of acts and omissions which causes the Owner to reasonably conclude that the Contractor will not complete the Work within the Contract Time, for the Contract Sum or in substantial compliance with the requirements of the Contract Documents. “the Project” — the Project is the total construction authorized by the Owner at the site or sites of the Work. The Project may include work of the Owner or of separate contractors. “provide” — when the word "provide", including derivatives thereof is used, it shall mean to properly fabricate, complete, transport, deliver, install, erect, construct, test and furnish all labor, materials, equipment, apparatus, appurtenances, and all items and expenses necessary to properly complete in place, ready for operations or use under the terms of the Specifications. “Shop Drawings” — Shop Drawings are documents prepared by the Contractor, Subcontractors, and Sub-subcontractors for this Project which depict or describe some portion of the Work, and may include drawings, diagrams, calculations, schedules and other data. “the Specifications” — the Specifications are documents prepared by the Design Professional which present a written statement of the design requirements, standards, and workmanship for the materials, equipment, products and systems for the Work, and may include requirements concerning the execution and performance of the Work, and other documents contained in the Project Manual. “Subcontractor” — a Subcontractor is a person or entity with a direct contract with the Contractor to perform a portion of the Work. The term "Subcontractor" includes the Subcontractor and its authorized representatives. The term "Subcontractor" does not include the Owner or a separate contractor or subcontractors of either.





“Submittals” — Submittals are documents prepared by the Contractor, Subcontractors, and Sub-subcontractors which depict or describe a material, product, or system, and may include illustrations, standard schedules, performance charts, instructions, brochures, diagrams, technical data and other information. “Substantial Completion” — Substantial Completion occurs when the following three conditions precedent have occurred: (1) the Work has been sufficiently completed in accordance with the Contract Documents so that the Owner obtains beneficial use and occupancy of the Work; (2) all certificates of occupancy and any other permits, approvals, licenses and other documents from any governmental authority having jurisdiction thereof necessary for the beneficial occupancy of the Project have been received by the Owner; and (3) the Design Professional has issued a certificate of Substantial Completion. The date of Substantial Completion is the date certified by the Design Professional in accordance with the General Conditions. “Substitution” — an alternative product or Substitute approved in accordance with paragraphs 3.F or 3.G of the Instructions to Bidders or under Article 8 hereof. “Sub-subcontractor” — a Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work. The term "Sub-subcontractor" includes a Sub-subcontractor or its authorized representative. “the Work” — the term "Work" means the construction, labor, material, equipment and services which the Contractor must provide and its duties and responsibilities under the Contract Documents. The Project may include the Contractor’s Work and work by the Owner or of separate contractors. ARTICLE 2 - GENERAL PROVISIONS REGARDING THE SCOPE OF THE WORK 2.1 If the Project includes general construction, demolition, theatrical construction, data cabling, food services, plumbing, electrical and heating, air conditioning and ventilating (“HVAC”) work, such work may be awarded in separate Contracts for Construction or to a single prime contractor. If the work is to be awarded in separate Contracts for Construction, then the Contract Documents will define the work included in each of the separate Contracts for Construction and for the purpose of each separate Contract for Construction, the term “the Contractor” shall refer to the contractor named in the Contract for Construction and the term “separate contractor” shall refer to the contractors named in the other Contracts for Construction, if any. If the Work is to be awarded to a single prime contractor, then the Contractor shall be responsible for the entire scope of work set forth in the Contract Documents. 2.2 By executing the Contract for Construction, the Contractor represents to the Owner that the Contractor has thoroughly reviewed the Specifications, the Drawings and all other Contract Documents, has visited the site, become familiar with local conditions under which the Work is to be performed and correlated its personal observations with the requirements of the Contract Documents. The Contractor and each Subcontractor shall evaluate and satisfy themselves as to the conditions and limitations under which the Work is to be performed, including, without limitation: (1) the location, condition, layout and nature of the Project site and surrounding





areas; (2) generally prevailing climatic conditions; (3) anticipated labor supply and costs; (4) availability and cost of materials, tools and equipment; and (5) other similar issues. The Owner assumes no responsibility or liability for the physical conditions or safety of the Project site or any improvements located on the Project site. The Contractor shall be solely responsible for providing a safe place for the performance of the Work. The Owner shall not be required to make any adjustment in either the Contract Sum or Contract Time in connection with any failure by the Contractor or any Subcontractor to comply with the requirements of this paragraph 2.2. 2.3 The Contractor shall perform all Work required by the Contract Documents and all work which may be reasonably inferred from the Contract Documents as necessary to properly execute and complete the Project and to produce the intended results in a complete, first-class, and entirely finished manner. 2.4 The Contract Documents shall be interpreted and construed to supplement one another so that Work required by one Contract Document shall be just as binding upon the Contractor as if required by all. In the event of inconsistencies within or between parts of the Contract Documents, or between the Contract Documents and applicable standards, codes and ordinances, the Contractor shall notify the Owner and the Design Professional of the inconsistency before proceeding and shall then: (1) provide the better quality or greater quantity of Work; or (2) comply with the more stringent requirement. The terms and conditions of this paragraph 2.4, however, shall not relieve the Contractor of any of the obligations set forth in paragraphs 4.2 and 4.12. 2.5 The Contractor shall not be relieved of responsibility for any Work by showing that a separate contractor has, or should have, responsibility for the same portion of the Work. Any dispute concerning who, as between the Contractor and a separate contractor, must perform a particular aspect of the Work or comply with a particular requirement shall be determined by the Owner’s Representative whose decision shall be final and binding upon the Contractor and, if so provided in the separate contractor’s Contract for Construction, upon the separate contractor. If the Owner’s Representative decides that the particular aspect or requirement is within the scope of work of both the Contractor and a separate contractor, the Design Professional shall decide which shall perform the work and which shall give the Owner a credit to the Contract Sum for omitting the work. 2.6 Unless otherwise defined by the Contract Documents, all accounting terms, construction terms, legal terms and/or other technical terms associated with a particular industry, profession or identifiable body of knowledge shall have the meanings customarily and ordinarily associated with those terms within that industry, profession or discipline. 2.7 For brevity’s sake, the Contract Documents may omit modifiers such as "all" and "any" and articles such as "the," “a” and "an.” The fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 2.8 The Owner and the Design Professional retain all rights, including copyrights, and ownership with respect to the Contract Documents and their distribution to and use by the Contractor or others for use on this Project shall not limit or impair any such retained rights. The Contractor may use the Contract Documents solely with respect to this Project; all other use or





copying is prohibited without the express written consent of the Owner and the Design Professional. The Design Professional’s CAD files may only be used to the extent, and upon the terms and conditions, set forth in Division 1 of the Specifications. ARTICLE 3 - THE OWNER’S GENERAL RESPONSIBILITIES 3.1 Notwithstanding any provision of the Contract Documents to the contrary, a majority of the Board of School Directors of the Lower Merion School District has the sole authority to act on behalf of the Owner with respect to matters creating or increasing any indebtedness or entering into any contract, including, without limitation, the: (a) execution and delivery of Modifications to the Contract for Construction, Construction Change Directives and Change Orders; and (b) waiver or compromise of any right, claim or remedy of the Owner. Under certain circumstances, the majority of the Board of School Directors of the Lower Merion School District may need the approval of the Pennsylvania Department of Education or may need to conduct public hearings or referenda under Act 34 of 1973, 24 P. S. §7-701.1 before exercising such authority to act. In all other matters concerning the Project, the Owner designates Patrick Guinnane, Director of Operations, as its representative (“Owner’s Representative”), authorized to act on the Owner’s behalf with respect to the Project. The Owner may change its designated representative from time to time by written notice to the Contractor. The Contractor assumes any and all risk, cost and liability should the Contractor rely upon any agreement, consent, approval or direction made by a person or persons not authorized to act on behalf of the Owner. The Owner or the Owner’s representative shall make written decisions when required by the Contract Documents within a reasonable time and shall not, without cause, unreasonably delay the progress and completion of the Work. . The Owner’s Representative or designee will:

3.1.1 schedule, conduct, and keep and distribute minutes of weekly meetings or more frequent meetings if necessary for the good of the Project, with a principal and/or the Project Manager for each of the Contractors and keep and distribute minutes of such meetings. The Contractor shall attend all these meetings.

3.1.2 review the schedule for Work not started or incomplete and recommend to

Contractors adjustments in the schedule to meet the scheduled completion dates. These reports will also include a summary of construction costs, including costs associated with Change Order work.

3.1.3 develop, implement, and maintain an effective system of Project cost reporting, to

maintain the Project budget, incorporate approved change orders as they occur.

3.1.4 maintain cost accounting records as required for tracking and controlling cost.

3.1.5 develop and implement a system for review and processing of Change Orders, review requests for changes, make written recommendations to the Owner and negotiate Change Orders, with final terms and price subject to approval by Owner.

3.1.6 develop and implement a procedure for the review, approval, and processing of

applications by Contractors for progress and final payments.





3.1.7 assist the Contractor in obtaining all building permits and special permits for

permanent improvements, excluding permits for inspection or temporary facilities required to be obtained directly by the various Contractors and assist the Contractor in obtaining approvals from all the authorities having jurisdiction.

3.1.8 verify that the Contractor has paid all applicable fees and assessments for

permanent facilities. 3.1.9 monitor the Work of the Contractor and any separate contractors and become

generally familiar with the progress and quality of the Work completed to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However, the Owner’s Representative shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.

3.1.10 review the Contractor’s quality control procedures pertaining to critical

equipment and material to be furnished, which could significantly impact the construction schedule and shall monitor and obtain documentation of the performance of all tests required of the Contractors and independent testing laboratories. Performance of such service shall not relieve the Contractors of any responsibility for Work not conforming to the Contract Documents.

3.1.11 monitor the implementation by the Contractors of their safety programs and report

deficiencies to the Contractor and the Owner. The performance of such services shall not relieve the Contractors of their responsibilities for the safety of persons and property, and for compliance with all federal, state, and local statutes, rules, regulations, and orders applicable to the conduct of the work, nor shall it make the Owner or the Owner’s Representative responsible for the conduct of Contractor’s safety programs or precautions required thereunder.

3.1.12 review the Certificates of Insurance of the successful bidders to insure that the

terms and limits of insurance protection provided by each Contractor is no less than those required by the specifications of each Prime Contract, and advise the Owner in cases where specifications are not met.

3.1.13 establish and implement procedures for expediting the processing and approval of

shop drawings and samples. 3.1.14 record the progress of the Project, including a daily log of activities and all

construction schedules and updates and submit written progress reports on the first of each month to the Owner including information on the Contractor’s work, the percentage of completion on a work-in-place basis, and the number and amounts of Change Orders.

3.1.15 evaluate the progress of the work, determine whether the Work or designated

portion thereof is substantially complete, monitor the correction and completion





of the Work evaluate the completion of the Work of the Contractors and conduct final inspections.

3.2 The Owner shall provide, to the extent reasonably necessary, a survey of the legal limits and a legal description of the Project site. 3.3 Unless otherwise provided elsewhere in the Contract Documents, and to the extent required by applicable law, the Owner shall secure and pay for the Commonwealth of Pennsylvania Department of Labor and Industry permit and the Commonwealth of Pennsylvania Department of Health permit. 3.4 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, three (3) sets of the Drawings and three (3) sets of Specifications. All other copies will be at the Contractor's cost and expense. 3.5 In no event shall the Owner or Design Professional have control over, charge of, or any responsibility for construction means, methods, techniques, scheduling, sequences or procedures or for safety precautions and programs in connection with the Work, notwithstanding any of the rights and authority granted the Owner or Design Professional in the Contract Documents. It is expressly understood and agreed that the presence on the job site of the visiting officers or employees of the Owner or Design Professional, the Owner's Representative or supervisory personnel employed by Owner or Design Professional and the making by such personnel of any inspections of the Contractor's Work, materials, tools or equipment, or of the finished Work of the Contractor and their approval of same, or failure to take exception thereto, shall in no way relieve the Contractor from its absolute responsibility to perform its Work and furnish its materials in accordance with the requirements of the Contract Documents. It is further understood that under no circumstances shall the Contractor urge, for any purpose whatsoever, that the presence of the Owner's Representative, any supervisory personnel, including but not limited to, general superintendents, superintendents, foremen of any kind, and visiting officers or employees of the Owner or Design Professional, and any failure by such personnel to take exception to any Work of the Contractor, constitute a ratification or approval of the Work or work methods employed by the Contractor if the same did not in fact comply with the requirements of the Contract Documents. ARTICLE 4 - THE CONTRACTOR’S GENERAL RESPONSIBILITIES 4.1 By executing the Contract for Construction, the Contractor represents, in addition to, and without limiting any other representations in the Contract Documents, the following:

4.1.1 The Contract Documents are sufficiently complete and detailed for the Contractor to perform the Work required to produce the results intended by the Contract Documents.

4.1.2 The Work required by the Contract Documents, including, without limitation, all construction details, construction means, methods, procedures and techniques necessary to perform the Work, use of materials, selection of equipment and requirements of product manufacturers are consistent with: (1) good and sound practices within the construction industry; (2) generally prevailing and accepted industry standards applicable





to the Contractor's performance of the Work; and (3) all laws, ordinances, regulations, rules and orders which bear upon the Contractor's performance of the Work.

4.1.3 The Contractor has read, understands and accepts the Contract Documents and its bid was made in accordance with them.

4.1.4 The Contractor has visited the site, has become familiar with the local conditions under which the Work is to be performed and has coordinated its observations with the requirements of the Contract Documents.

4.1.5 The Contract Sum is based upon the products, materials, systems and equipment required by the Contract Documents without exception. Where the Contract Documents list one or more manufacturers or brand name products, materials, systems and equipment as acceptable, the Contract Sum is, in each instance, based upon one of the listed manufacturers or brand name products, materials, systems and equipment, or, if the Contract Sum is based upon the substitution of an "or equal" manufacturer or product, material, system or equipment, the Contractor has in each instance either: (a) sought and received the Owner's written approval for the Substitute in accordance with the provisions of Paragraph 3.F of the Instructions to Bidders; or (b) complied with all requirements for Substitutes under Paragraph 3.G of the Instructions to Bidders. 4.1.6 The Contractor is completely licensed in the jurisdiction in which the Work is located, duly qualified to perform the Work in accordance with applicable law and experienced in performing the Work as described in the Contract Documents.

4.1.7 The Contract Sum is firm and all inclusive, and no escalation is contemplated for any reason whatsoever.

4.1.8 The Contractor has reviewed the completion and milestone dates and times set forth in the Contract Documents, agrees that such dates and times, including, without limitation, all interim milestone, substantial completion and final completion dates set forth in the Contract Documents, are reasonable and commits to achieve them. The Contract Sum includes any and all costs associated with completion by those dates and times, including any and all costs associated with out-of- sequence work, come-back work, stand-by work, stacking of trades, coordination with the schedules and work of separate contractors, allowing sufficient time, work and storage areas, and site access for separate contractors to timely progress and complete their work, overtime, expediting and acceleration that may be required to complete the Work by those dates and times.

4.2 Prior to proceeding with any Work, the Contractor shall: (a) review, compare and analyze the Contract Documents and any information or surveys provided by the Owner; and (b) inspect and check such portion of the Work for proper fitting and matching with contiguous work and for proper coordination with other Work and the work of the Owner or of separate contractors; and





(c) verify all dimensions and measurements with actual field conditions at the Project. The Contractor shall immediately notify the Owner and the Design Professional of any errors, omissions or inconsistencies noted as the result of the Contractor’s activities under subparagraphs (a), (b) and (c) above. If the Contractor knows or reasonably should know of any such error, omission or inconsistency and proceeds with the construction in question without first giving such notice, any claim for an adjustment to the Contract Sum or the Contract Time shall be deemed waived and released and the Contractor and its Surety shall assume all responsibility and liability for such performance and shall indemnify the Owner for all costs, expenses, losses and/or damages incurred by Owner, including attorneys' fees and expenses, incurred by the Owner as the result thereof, including any cost to repair, correct or re-work the construction in question. 4.3 The Contractor shall perform its Work in accordance with the Contract Documents, Shop Drawings and Submittals approved pursuant to Article 8; provided, however, that approval of Shop Drawings and Submittals shall not relieve the Contractor from responsibility retained by the Contractor under paragraph 8.3. 4.4 The Contractor shall administer, construct, superintend and manage the Work with the care, skill and diligence of a contractor possessing a high level of experience and expertise in the business administration, construction, construction management and superintendence of projects of the size, complexity and nature of this particular Project. The Contractor shall have sole responsibility for and control over its construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work with other Work and the work of separate contractors. 4.5 The Contractor shall be responsible to the Owner for all the Work, and all acts or failures to act in connection therewith, whether performed or omitted directly by its own employees or agents or on its behalf by its Subcontractors, Sub-subcontractors or their employees or agents. 4.6 The Contractor’s obligation to perform the Work in strict accordance with the Contract Documents shall not be modified, diminished or excused by any act, duty, inspection, certification, test, or approval of the Owner, the Owner’s Representative, the Design Professional or any other person or governmental authority. 4.7 Except to the extent otherwise expressly provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, lighting, scaffolding, hoisting, storage, equipment, weather protection, tools, construction equipment and machinery, water, heat, cooling, ventilation, enclosures, utilities, transportation, and other facilities and services necessary for the proper administration, execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 4.8 The Contractor shall:

4.8.1 require its employees and agents, and its Subcontractor’s employees and agents to work diligently, to behave in an orderly manner at all times when at or about the Project





and to refrain from smoking, the use of tobacco products or the use alcohol on the Owner’s property and shall remove from the Project any employee whose conduct is deemed objectionable by the Owner in its sole discretion;

4.8.2 prior to the commencement of any work, submit to the Owner and the Design Professional complete and accurate rosters of: (i) its employees working on the Project, including each of their names, addresses and social security numbers; and (ii) the employees of its Subcontractors working on the Project, including each of their names, addresses and social security numbers. The Contractor shall update this information as often as necessary so that it remains complete and accurate through final completion of the Contractor’s Work. 4.8.3 Ensure that all employees and employees of suppliers and subcontractors working on the site obtain security ID badges from the Owner. In order to obtain such badges, all employees of contractors, suppliers and subcontractors must submit state and federal criminal history reports in the form required by 24 P.S. §1-111 (State and Federal Criminal History Reports) and child abuse clearances in the form required by 23 Pa.C.S. §6354 et seq, (Child Abuse Clearance) for review by the Owner prior to the issuance of a security ID badge. Such clearances and reports shall be dated no earlier than five years prior to the date upon which they are presented to the Owner. Any employee with a documented criminal or child abuse history shall be deemed objectionable by the Owner in its sole discretion, will not be issued a security ID badge and will be prohibited from working on the Owner’s property. These requirements by the Owner are more stringent than the statutory requirement imposed by law for the submission of criminal background checks and child abuse clearances. The Contractor is responsible for all costs associated with obtaining the certifications. Failure by the Contractor to obtain the necessary security clearances in a timely manner is not justification to access the site without a security ID badge. The date on the Criminal Background Check and Child Abuse Clearance certificates for individual employees will be added to the roster cited in paragraph 4.8.2 of the General Conditions. Please see Appendix A to these General Conditions for additional information related to criminal history reports and child abuse clearance information. 4.8.4 Notify the Owner whenever an employee or an employee of a subcontractor or supplier working on the site has been arrested or charged with a criminal offense. 4.8.5 Ensure that Contractor’s employees, subcontractors, subcontractors’ employees and suppliers access the site only through those entrances designated by the Operations Department and park vehicles only in those areas designated by the Operations Department for Contractor parking. 4.8.6 Commence work no earlier than 8:00 AM and cease work no later than 6:00 PM, Monday through Friday. The Contractor may be on site earlier than 8:00 AM provided no work activities produce noise that would result in complaints from residents or the Township of Lower Merion Codes Department. 4.8.7 Perform work on weekends only with the prior written approval of the Owner and





subject to whatever terms and conditions the Owner imposes upon such work, including, but not necessarily limited to payment for additional costs and expenses incurred by the Owner as a result of such weekend work and hour restrictions.

4.9 The Contractor warrants to the Owner and the Design Professional that materials, products, systems and equipment furnished under the Contract Documents will be of good quality and new, that no defects exist or will appear in the Work, and that the Work conforms with all the requirements of the Contract Documents. The Contractor shall bear all costs of correcting any and all Work not complying with this warranty, and the Contractor and its Surety shall indemnify the Owner for all costs, expenses, losses and/or damages incurred by the Owner, including attorneys' fees, additional testing and inspections and compensation for the services and expenses of the Design Professional and the Owner’s Representative, made necessary thereby. This warranty is in addition to any other warranty or remedy provided elsewhere in the Contract Documents and shall survive the expiration of any such other warranty, acceptance of and final payment for the Work, and the termination of the Contract for Construction. 4.10 Except as provided in Paragraph 3.3, the Contractor shall secure and, as soon as practicable, furnish the Owner with copies of, all permits and governmental approvals, licenses and inspections, to the extent required by applicable law for the proper execution and completion of the Work including, without limitation, all building permits, electrical permits, plumbing permits, any special construction permits required by Lower Merion Township and the like. The Owner shall pay for the building permits, electrical permits, plumbing permits and the like, which costs shall not be included in the Contract Sum. All connection charges, assessments, licenses or inspection fees as may be otherwise imposed by law or by any municipal agency or utility company are included in the Contract Sum and shall be the Contractor’s responsibility. The Contractor and Subcontractors are responsible for any license and or registration fees required by Lower Merion Township. 4.11 The Contractor shall give timely notices pertaining to its Work to governmental authorities when required by any laws, ordinances, rules, regulations and lawful orders of governmental authorities. 4.12 The Contractor shall comply with, and perform its Work in accordance with, all applicable laws, statutes, ordinances, lawful orders of governmental authorities, building codes, and rules and regulations, unless the Contract Documents require a higher or greater standard, in which case the Contractor shall conform to such higher or greater standard in accordance with paragraph 2.4. If the Contractor recognizes that portions of the Contract Documents do not meet the standard established thereby, the Contractor shall promptly notify the Design Professional and the Owner in writing before proceeding with the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Design Professional and the Owner, the Contractor and its Surety shall assume full responsibility for such Work and shall indemnify the Owner for all costs, expenses, losses and/or damages incurred by the Owner, including attorneys' fees and expenses, made necessary thereby. 4.13 The Contractor shall provide adequate staffing at the Project site to supervise, coordinate and manage its Work, including, without limitation, the following:





4.13.1 (a) a project manager who shall be a full-time employee of the Contractor with experience in the management of phased construction projects of similar size, duration and complexity and who shall be present at the site each work day; and (b) such full-time superintendents as may be necessary for the proper supervision, coordination and management of the Contractor’s Work, who shall be present at the site each work day and who shall report to the project manager.

4.13.2 Within ten (10) days of its execution of the Contract for Construction, the Contractor shall submit in writing for approval by the Owner and the Design Professional the name of the project manager, together with a resume confirming that such project manager possesses the qualifications required herein, and the names of the superintendents it has assigned to the Project. The Owner and Design Professional shall not unreasonably withhold approval of the Contractor’s designated project manager. The Contractor: (a) shall not re-assign any project manager approved by the Owner and Design Professional without at least fifteen (15) days prior written notice to the Owner and, then, only after submission and approval of a replacement project manager in accordance with the provisions of this paragraph; and (b) shall re-assign any project manager as to whom the Owner and Design Professional, at any time, make reasonable objection and promptly replace such project manager with another approved in accordance with the provisions of this paragraph.

4.13.3 The project manager shall be deemed an authorized representative of the Contractor for the purposes of: (a) giving and receiving any communications with respect to the Work; and (b) binding the Contractor with respect to the price of the Work, the time for the Work, or any other obligation of the parties under the Contract Documents.

4.14 The Contractor shall maintain at the Project site for the Owner’s use and benefit one record copy of the Contract Documents and approved Shop Drawings and Submittals, in good order and condition and marked to record all changes and selections made during construction. Upon final completion of the Work, the Contractor shall submit these documents to the Owner and the Design Professional. 4.15 The Contractor shall confine its operations at the Project site to the areas permitted by law, ordinances, permits and the Contract Documents and shall not store materials or equipment at the site prior to installation without the Owner’s written permission. At least fourteen (14) days prior to storing any materials or equipment at the site, or to utilizing a portion of the site as a field office, the Contractor shall submit phasing and lay down plans setting forth the details thereof and as otherwise required by the Contract Documents to the Owner and Design Professional for their approval. 4.16 Protection of construction materials, tools and equipment stored at the Project site from weather, theft, damage and all other adversity is solely the responsibility of the Contractor. The Contractor shall repair or replace any loss or damage to such materials, tools or equipment at its sole cost. 4.17 The Contractor and any entity for whom the Contractor is responsible shall not erect any





sign on the Project site without the prior written consent of the Owner, which may be withheld in the sole discretion of the Owner. 4.18 Except in special cases agreed to by the Owner in writing, the Work shall be performed in a time and manner that will permit all existing buildings on the site of the Project to remain open, occupied and operational. The Contractor shall ensure that the Work, at all times, is performed in a manner that affords safe and reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. Pedestrian and vehicular traffic patterns established at the Project, the site and all adjacent areas prior to the construction shall be maintained, except that such traffic patterns may, upon the Owner’s prior written approval, be modified during “off hours” with adequate advance notice to the school administration so that it can anticipate the modification. Prior to commencing Work, the Contractor shall submit pedestrian and vehicular protection and safety plans and details for the Owner’s approval, and shall erect and maintain all signs, barriers and other protection in the plan approved by the Owner, it being understood that temporary or caution tape or pylons shall not be deemed sufficient protection. All signs, signals and barricades employed by the Contractor shall conform to the requirements of all applicable federal, state and local laws, rules, regulations and ordinances including, without limitation, the requirements of Part 1926 of the Regulations of the Department of Labor, Occupational Safety and Health Administration (“Safety and Health Regulations for Construction”), Subpart G - “Signs, Signals and Barricades” (29 C.F.R. §1926.200). If the parking area allocated elsewhere in the Contract Documents for use by the Contractor and separate contractors is inadequate, the Owner and municipal authorities may prohibit on-site parking for worker’s vehicles and require the Contractor to transport its workers to and from an “off site” central parking area, at no charge to the Owner. The Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the Work shall be open, occupied and operational and free from all debris, building materials and equipment likely to cause hazardous conditions. Without limitation of any other provision of the Contract Documents, Contractor shall use its best efforts to minimize any interference with the occupancy or beneficial use of: (1) any areas and buildings adjacent to the site of the Work; or (2) the building in the event of partial occupancy. 4.19 Without prior approval of the Owner, the Contractor shall not permit any workers to use any existing facilities at the Project site, including, without limitation, lavatories, toilets, entrances and parking areas, other than those designated by the Owner. Without limitation of any other provision of the Contract Documents, the Contractor shall use its best efforts to comply with all rules and regulations promulgated by the Owner in connection with the use and occupancy of the Project Site and the Building, as amended from time to time. The Contractor shall also comply with all insurance requirements and collective bargaining agreements applicable to use and occupancy of the Project Site and the Building. 4.20 The Contractor’s Work includes all cutting, fitting or patching required for completion or for proper fitting and matching with contiguous work. 4.21 The Contractor shall not damage or structurally or functionally impair its Work or the work of the Owner or of separate contractors through cutting, patching, excavation, or otherwise. The Contractor shall not cut or otherwise alter work of the Owner or of separate contractors without the express written consent of the Owner.





4.22 The Contractor shall clean-up and remove from the Project site on a daily basis all trash and waste generated by its activities. At completion of the Work, the Contractor shall remove from and about the Project the Contractor's tools, construction equipment, machinery and surplus materials, and shall leave the premises "broom clean" (including the washing of all windows) and shall perform any further final cleaning as required in Division 1 of the Specifications. If the Contractor fails to comply with this paragraph, the Owner may do so and the cost thereof shall be charged to the Contractor. 4.23 The Contractor shall provide the Owner and the Design Professional access to the Work in preparation and progress, whether on or of the Project site. 4.24 The Contractor and its Surety shall pay all royalties and license fees and defend and indemnify the Owner and the Design Professional from any and all claims for infringement of patent rights. 4.25 The Contractor shall provide all services necessary to start-up and commission all equipment and systems furnished as part of the Work, and shall provide operation and maintenance manuals, written warranties, as-built drawings, and training of the Owner’s personnel with respect to same. 4.26 The Contractor shall control, inspect and monitor the quality of the Work during all phases of construction through final completion of the Work to ensure that the Work complies with the Contract Documents, whether performed by its own forces or by any of its Subcontractors, Sub-subcontractors, suppliers, vendors or materialmen. Prior to submitting its first Application for Payment, the Contractor shall prepare and submit to the Owner and the Design Professional for approval a “quality control” plan outlining the practices and procedures which the Contractor will follow to ensure compliance with its obligations under this paragraph. The approval of such a plan shall not be deemed or construed to limit, waive or diminish in any way the Contractor’s responsibilities under the Contract Documents or to excuse any failure of the Work to comply with the requirements of the Contract Documents. ARTICLE 5 - THE DESIGN PROFESSIONAL’S GENERAL RESPONSIBILITIES 5.1 The Design Professional is an independent contractor and shall have the duties, responsibilities, and authority as set forth in the Contract Documents. The Owner shall have no liability to the Contractor or any separate contractor for any act, omission or breach of duty by the Design Professional. 5.2 In case of termination of employment of the Design Professional, the Owner shall appoint a replacement Design Professional with the same status under the Contract Documents as the former Design Professional. 5.3 The Design Professional shall visit the site to observe the progress and quality of the Work completed and to determine in general if the Work is being performed in accordance with the Contract Documents. However, the Design Professional shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the





basis of on-site observations as a Design Professional, the Design Professional shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. Performance of such service shall not be deemed to make the Design Professional responsible for the Work of the Contractors, nor shall it relieve the Contractor of any responsibility for Work not conforming to the Contract Documents 5.4 The Design Professional shall not have control over or charge of, and neither shall be responsible for, construction means, scheduling, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor’s responsibility under the Contract for Construction. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or for any other persons performing portions of the Work. 5.5 The Contractor shall communicate with the Design Professional’s consultants through the Design Professional. The Design Professional, except as otherwise provided in the Contract Documents, shall communicate with the Contractor’s Subcontractors through the Contractor. The Contractor may communicate with separate contractors directly, but shall inform the Owner of all such communications. The Owner may, in its sole discretion, communicate directly with the Contractor’s subcontractors when either deems it necessary for the proper and timely progress and completion of the Work. 5.6 The Design Professional shall recommend to the Owner the rejection of Work not conforming to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will recommend to the Owner additional inspection or testing of the Work in accordance with the Contract Documents, whether or not such Work is in progress or completed. However, no decision made in good faith by the Design Professional either to make or withhold such recommendations shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 5.7 The Design Professional shall make recommendations to the Owner concerning the issuance and approval of, and shall prepare, when authorized by the Owner, Change Orders and Construction Change Directives, with any necessary supporting documentation and data. No such Change Order or Construction Change Directive shall bind the Owner until approved and executed by the Owner. The Design Professional may authorize minor changes in the Work as provided in paragraph 13.2. 5.8 The Design Professional shall conduct inspections to determine the date or dates of Substantial Completion, shall receive and approve the Contractor’s proposed list of items to be completed or corrected at the time of Substantial Completion, shall conduct an inspection for final completion and issue a final Certificate for Payment in accordance with the requirements of the Contract Documents and shall receive and forward to the Owner for the Owner’s review and records written warranties and related documents required by the Contract Documents assembled by the Contractor. 5.9 Upon written request of the Owner, the Design Professional shall interpret and make





recommendations to the Owner upon matters concerning performance of the Owner and the Contractor under the Contract Documents. The Design Professional’s response to such requests shall be made with reasonable promptness and within any agreed upon time limits. If no agreement is made concerning the time within which interpretations required of the Design Professional shall be furnished in compliance with this paragraph, then the Design Professional shall furnish such interpretations within seven (7) days after written request is made for them. 5.10 The Design Professional shall make its interpretations and recommendations in a manner consistent with the intent of and reasonably inferable from the Contract Documents. Such interpretations and recommendations shall be in writing or in the form of drawings, unless otherwise directed by the Owner. ARTICLE 5A – CONSTRUCTION MANAGER’S RESPONSIBILITIES 5A.1 Intentionally Omitted. 5A.2 Intentionally Omitted. 5A.3 Intentionally Omitted. 5A.4 Intentionally Omitted. 5A.5 Intentionally Omitted. 5A.6 Intentionally Omitted. 5A.7 Intentionally Omitted. 5A.8 Intentionally Omitted. 5A.9 Intentionally Omitted. 5A.10 Intentionally Omitted. 5A.11 Intentionally Omitted. 5A.12 Intentionally Omitted. 5A.13 Intentionally Omitted. 5A.14 Intentionally Omitted. 5A.15 Intentionally Omitted. 5A.16 Intentionally Omitted. 5A.17 Intentionally Omitted.





5A.18 Intentionally Omitted. 5A.19 Intentionally Omitted. 5A.20 Intentionally Omitted. 5A.21 Intentionally Omitted. 5A.22 Intentionally Omitted. ARTICLE 6 - SALES TAXES 6.1 The Contractor shall pay all sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor, including taxes enacted but not yet in effect as of the date of the bid opening. 6.2 The Contractor acknowledges and confirms its understanding that under 72 P.S. §7204(57) the sale at retail to or use by a construction contractor of building machinery and equipment (as defined in 72 P.S. §7201(pp) and services thereto that are transferred to a political subdivision, such as the Owner, are exempt from sales and use tax and agrees: (a) that Contractor has not and will not include in the Contract Sum any sales or use tax on exempt items; (b) to refund to the Owner, or to permit the Owner to deduct from the Contract Sum, any sales or use tax paid by the Contractor on exempt items; (c) to maintain records separately identifying the items of material and/or equipment on which any such tax was paid and the amounts of each such tax payment; and (d) to afford the Owner and/or its representatives the opportunity to inspect and photocopy any of the Contractor’s books and records evidencing the payment of any tax described in paragraph 6.1 in connection with the Project, at the Owner’s cost and expense. If, notwithstanding the foregoing, the Contractor incorrectly pays sales or use tax on an item that was properly exempt under applicable law, the Contractor shall be liable to the Owner for all amounts incorrectly paid and assigns to the Owner all of its rights, claims and remedies to obtain a refund from the Commonwealth of Pennsylvania on account thereof. The Contractor agrees to include this provision in each of its subcontracts executed and issued in connection with the Project. ARTICLE 7 - THE CONTRACTOR'S CONSTRUCTION SCHEDULING 7.1 The Contractor shall commence its Work at the times required by the Contract Documents and shall progress and complete its Work by no later than the completion dates and times set forth in the Contract Documents, including, without limitation, all interim milestone, substantial completion and final completion dates set forth in the Contract Documents. The Contractor shall achieve completion by those dates and times, and shall perform all out-of-sequence work, come-back work, stand-by work, stacking of trades, coordination with the schedules and work of separate contractors, overtime, expediting and acceleration that may be required to complete the Work by those dates and times, all without charge to the Owner. The Contractor shall allow sufficient time, work and storage areas, and site access for separate contractors to timely progress and complete their work.





7.2 The Owner designates the contractor for the “General Construction” work to be the Scheduling Coordinator. In the event the work is under a single prime contract, the sole Prime Contractor is the Scheduling Coordinator. 7.2.1 When the Contractor is the Scheduling Coordinator — If the Contractor is the Scheduling Coordinator, the Contractor shall perform all the duties, and assume all of the responsibilities, of the Scheduling Coordinator as set forth in the Contract Documents, and shall engage, as a subcontractor, an independent scheduling consultant to perform, for and on behalf of the Contractor, the Contractor’s duties and responsibilities as Scheduling Coordinator, including those specifically set forth in subparagraphs 7.2.1.1 through 7.2.1.9 below. The Contractor shall submit the name, credentials, and experience of its proposed independent scheduling consultant to the Owner’s Representative for approval within five (5) days of being awarded the Contract. The Contractor: (a) shall not terminate the engagement of any independent scheduling consultant approved by the Owner’s Representative without at least fifteen (15) days prior written notice to the Owner’s Representative and, then, only after submission and approval of a replacement independent scheduling consultant in accordance with the provisions of this paragraph; and (b) shall not engage any independent scheduling consultant as to whom the Owner’s Representative, at any time, make reasonable objection and shall promptly replace such independent scheduling consultant with another approved in accordance with the provisions of this paragraph. The scheduling consultant shall be an independent subcontractor; provided, however, that if the Contractor demonstrates to the satisfaction of the Owner’s Representative that it employs, on a full-time basis, a person with the same or equivalent experience and qualifications in, and whose primary job duties include, the design, preparation, publication and revision of CPM network schedules, then, upon receipt of written approval from the Owner’s Representative , the Contractor may assign such employee as the scheduling consultant described in this paragraph. The Contractor, as Scheduling Coordinator and the scheduling consultant shall:

7.2.1.1 when and as directed by the Owner’s Representative, meet with the scheduling consultant, the Owner’s Representative and separate contractors for the purpose of developing the Project construction schedule. Within ten (10) days after the earlier of the Owner’s Representative’s direction to do so or receipt of the schedules of each separate contractor pursuant to paragraph 7.2.2.1, Contractor shall prepare and submit, for the Owner’s Representative’s approval, and revise, if requested by the Owner’s Representative, a Project construction schedule, in the format required by paragraph 7.5. The Project construction schedule shall include the Work of the Contractor and all separate contractors, the Scheduling Coordinator, any work of the Owner and shall incorporate the activities shown on each separate contractor’s schedule, show by appropriate notation whenever the commencement, progress or completion of an activity depends upon the commencement, progress or completion of another activity, and show the timely and orderly completion of all Work in accordance with the requirements of the Contract Documents, including such interim “milestone” dates as the Owner’s Representative may require;

7.2.1.2 when requested by the Owner’s Representative, the Contractor will provide all information requested by the Owner’s Representative , input data regarding the progress





of the Work into the Project construction schedule and run an update showing how well the actual progress of the work matches the scheduled progress. In connection with this activity, Contractor shall participate in meetings scheduled by the Owner’s Representative at least every two weeks during construction with all separate contractors, the Owner‘s Representative to review progress and to plan and coordinate the activities of each separate contractor with the Work of the Contractor and of the Owner;

7.2.1.3 advise the Owner’s Representative and the separate contractors of delays or potential delays;

7.2.1.4 formulate and recommend to the Owner plans, including revisions to the Project construction schedule, to prevent, minimize or recover from delays or potential delays and, if approved, input the revisions into the Project construction schedule and issue a revised Project construction schedule;

7.2.1.5 make recommendations to the Owner concerning whether requests for extensions of time should be granted and the effect such extensions would have on the Project construction schedule;

7.2.1.6 revise the Project construction schedule to reflect extensions of time granted by the Owner;

7.2.1.7 resolve objections made by separate contractors in accordance with paragraph 7.2.2.3;

7.2.1.8 prepare monthly schedule updates, in accordance with paragraph 7.5, comparing the actual progress of all Work with the scheduled progress; and

7.2.1.9 not be entitled to claim any damages against the Owner, nor claim any adjustment in the Contract Time or the Contract Sum in connection with the Project construction schedule, any revision thereto, or any resolution of an objection to either the Project construction schedule or a revision thereto.

If the Contractor fails to perform its duties as the Scheduling Coordinator adequately or to the Owner’s satisfaction, the Owner may, in addition to its other rights and remedies, appoint a substitute Scheduling Coordinator who shall act in the place and with the authority of the original Scheduling Coordinator. In that event, the Owner may, in its sole discretion, choose one of the separate contractors or an independent consultant as the substitute Scheduling Coordinator. The cost and expense incurred by the Owner to engage such substitute Scheduling Coordinator shall be charged to and borne by the Contractor and its Surety. 7.2.2 When the Contractor is not the Scheduling Coordinator — If a separate contractor or other entity is the Scheduling Coordinator, the Contractor:

7.2.2.1 shall, within fourteen (14) days after being awarded the Contract for Construction, prepare and submit for review and acceptance by the Owner, and the Scheduling Coordinator a construction schedule, in the format required by paragraph 7.5.





Contractor shall when and as directed by the Owner’s Representative, meet with the Owner’s Representative, Scheduling Coordinator and separate contractors for the purpose of developing the Project construction schedule. Such construction schedule shall include the Work of the Contractor, show by appropriate notation whenever the commencement, progress or completion of an activity depends upon the commencement, progress or completion of another activity (including activities of separate contractors) and show the timely and orderly completion of all Work in accordance with the require-ments of the Contract Documents, including such interim “milestone” dates as are identified therein. If not accepted, the construction schedule shall be promptly revised by the Contractor in accordance with the recommendations of the Owner, the Design Professional, and the Scheduling Coordinator and resubmitted for acceptance and incorporation into the Project construction schedule prepared by the Scheduling Coordinator;

7.2.2.2 shall provide all information requested by Owner’s Representative and the Scheduling Coordinator to permit the Scheduling Coordinator to input data regarding the progress of the Work into the Project construction schedule and run an update showing how well the actual progress of the work matches the scheduled progress and cooperate and participate with the Scheduling Coordinator and the Owner’s Representative in connection with all other activities described in paragraph 7.2.1; 7.2.2.3 shall notify the Scheduling Coordinator and the Owner’s Representative in writing if the Contractor objects to the Project construction schedule or any revision thereto, stating its objection and the reasons therefor within two (2) days after the Contractor’s first receipt of the Project construction schedule or revision to which objection is made. In the absence of such timely notice, any such objection shall be deemed waived and released and the Contractor shall comply with the Project construction schedule or revision thereto. If a timely objection is made, the Contractor and the Scheduling Coordinator shall agree to a resolution of the objection within ten (10) days. In the absence of such agreement, the Owner may, in addition to any other rights and remedies under the Contract Documents, appoint an independent scheduling consultant to resolve the objection, whose decision shall be final and binding upon the Contractor and the Scheduling Coordinator. All cost and expense incurred by the Owner to engage an independent scheduling consultant shall be charged to and borne in equal shares by the Contractor, the Scheduling Coordinator and their respective Sureties;

7.2.2.4 shall not be entitled to claim any damages against the Owner, nor any adjustment in the Contract Time or the Contract Sum in connection with the Project construction schedule, any revision thereto, or any resolution of an objection to either the Project construction schedule or a revision thereto; and

7.2.2.5 acknowledges and agrees that the Owner has no duty or responsibility toward the Contractor to cause the Scheduling Coordinator to perform or to competently perform its duties, and that the Contractor’s sole claim in the event of any failure of the Scheduling Coordinator to perform or to competently perform its duties shall be against the Scheduling Coordinator.





7.3 [Intentionally Omitted]. 7.4 In the event the Owner’s Representative determines and advises the Owner that the performance of the Work, the work of separate contractors or of the Owner has not progressed or reached the level of completion required by the Contract Documents, or the Project construction schedule or, in the absence thereof, the Contractor’s accepted construction schedule, the Owner shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation: (1) working additional shifts or overtime; (2) supplying additional manpower, equipment and facilities; (3) engaging a scheduling consultant to make recommendations concerning the corrective measures to be taken, with the cost and expense of such engagement to be borne by the Contractor, the separate contractors and their respective Sureties in such proportions as the Owner’s Representative may, in its sole discretion, determine to be just; and (4) other similar measures. Such measures shall continue until the progress of construction complies with the required level of completion. The Owner's right to require such measures shall not impose upon the Owner any duty or obligation to the Contractor, its Surety or any other party. Except as specifically provided in this paragraph, the Contractor shall not be entitled to an adjustment in the Contract Time or the Contract Sum in connection with such measures required by the Owner. If the Contractor (its agents, subcontractors, suppliers or vendors) has not caused or contributed to the failure of construction to progress or reach the required level of completion, then the Contractor shall be entitled to a Change Order for an amount not to exceed the reasonable additional labor cost of any overtime or shift work directed by the Owner under this paragraph. If the Contractor (its agents, subcontractors, suppliers or vendors) has caused or contributed to the failure of construction to progress or reach the required level of completion, then the Contractor and its Surety shall be liable to the Owner for any and all costs and expenses incurred by the Owner due to any measures directed by the Owner under this paragraph, including the cost of any overtime or shift work performed by the Owner or by separate contractors. The Owner may exercise the rights furnished to the Owner under this paragraph 7.4 as frequently as the Owner deems necessary to ensure that the progress of construction will comply with the required level of completion. 7.5 The schedules prepared by the Contractor and by the Scheduling Coordinator, if any, under this Article shall be in the form of a CPM arrow network diagram, preferably organized by “I J nodes”, and shall include: (1) a shop drawing and submittal schedule noting the relevant submittal, approval, order, fabrication and delivery durations; (2) integration of the shop drawing and submittal schedule with the installation activity logic in order to determine the effect of delivery on installation of any items of work; (3) the planned progressions of construction work showing the activities and duration of the work of each contract phase and clearly noting any interim milestone dates; (4) the appropriate restraints in order to clearly identify the interrelationships of work and crew and trade flow; (5) logic (CPM arrow network) diagrams summarized into a summary bar chart format that is capable of displaying current progress of all Work; (6) a computerized mathematical analysis of the CPM logic with each monthly schedule update that shows, at a minimum, the activity number, the activity description, trade responsibility, activity duration, early (target) start date, early (target) finish date, late start date, late finish date, work tasks critical to completion within the Contract Time and any interim milestone dates and total float within each phase of construction, including any interim milestone dates; and (7) crew sizes and planned labor hours for each activity shown on the schedule. Such schedules shall be produced using either the release of the Microsoft “Project” project





management program by Microsoft, Inc., version 4.0, Primavera Sure-Trak, Version 3.0, or such other project management program as may be approved in writing by the Owner and Design Professional prior to its implementation by the Contractor. The Contractor shall deliver to the Owner, upon request and in the format requested by the Owner, copies of all electronic files that comprise such schedules, including the original project schedule, all schedule logic and data files, all schedule updates, any recovery schedules and any schedule revisions. 7.6 The Contractor’s failure to cooperate and participate with the Owner and separate contractors in the development and review of construction schedules as provided in this Article 7 shall be a material breach of its obligations, entitling the Owner to exercise all rights and remedies under the Contract Documents and applicable law. In no event shall any revision to any construction schedule constitute the basis for an adjustment in the Contract Time or the Contract Sum unless such adjustment is agreed to by the Owner and authorized pursuant to Change Order. 7.7 If the Scheduling Coordinator or other Contractors do not comply with all the above requirements and time lines, the Owner reserves the right to suspend any progress payment that may then or thereafter be due to such Contractor until such non-compliance has been fully remedied. The Owner may also proceed with enforcing other requirements of the Contract Documents. 7.8 Owner shall have no liability to Contractor for any act, omission or breach of contract with respect to any duty under Article 7 committed by the Scheduling Coordinator or any separate contractor. ARTICLE 8 - SHOP DRAWINGS, SUBMITTALS AND SUBSTITUTIONS 8.1 Unless more stringent standards are provided elsewhere in the Contract Documents, the Contractor shall submit Shop Drawings for all equipment and systems, and Product Descriptions for all products, equipment and systems, and, when directed to do so elsewhere in the Contract Documents, samples of all materials or workmanship. All Shop Drawings, Product Descriptions and samples which relate to an integrated system or which are components of a larger system shall be submitted together. Within ten (10) days of the notice of award, the Contractor shall prepare and submit to the Owner’s Representative and the Design Professional, for their approval, a schedule listing each required Shop Drawing and Submittal, the date the Contractor will make the submission, the date when the Design Professional should return each Shop Drawing and Submittal, and the estimated dates for commencement and completion of fabrication and delivery to the Project. The scheduled date for each submission shall follow a logical sequence and allow adequate time for fabrication and delivery following the Design Professional’s return of the Shop Drawing or Submittal so as not to delay or disrupt the orderly progress and completion of the Work or the work of separate contractors. Unless otherwise agreed, the scheduled date for the Design Professional’s return of each Shop Drawing and Submittal shall be not less than fourteen (14) days following the Design Professional’s receipt thereof, and the estimated dates for commencement and for completion of fabrication and delivery shall add at least fourteen (14) days to the estimated fabrication and delivery time as a contingency in the event any re-submission is required as the result of the Design Professional’s review of the Shop Drawing or Submittal. The Contractor shall make such revisions in the





schedule as the Owner’s Representative or the Design Professional may reasonably request as a condition of their approval, and shall thereafter make its submissions of Shop Drawings and Submittals in accordance with the approved schedule. 8.2 Prior to submission to the Owner’s Representative and Design Professional, the Contractor shall review and approve all Shop Drawings and Submittals, checking them for compliance with the requirements of the Contract Documents, for proper fitting and matching with contiguous work and for proper coordination with other Work and the work of separate contractors, and verifying all dimensions and measurements with actual field conditions at the Project. The Contractor’s submission of each Shop Drawing or Submittal shall constitute the Contractor’s representation to the Owner’s Representative and the Design Professional that the Contractor has checked and verified the Shop Drawing or Submittal as required by this paragraph. Notwithstanding the Design Professional's approval of Shop Drawings and Submittals, the Contractor shall remain responsible for any errors or omissions in the Contractor’s checking and verifying of such Shop Drawing or Submittal. 8.3 Within fourteen (14) days from the date of receipt, and upon request of the Owner’s Representative within five (5) days from the date of receipt, the Design Professional shall review and approve or take other appropriate action upon the Contractor’s Shop Drawings and Submittals for the purposes of: (1) assuring compliance with applicable laws, statutes, ordinances, codes, orders, rules and regulations; and (2) assuring that the Work affected by and represented by such submittals is in compliance with the requirements of the Contract Documents. Notwithstanding the Design Professional's approval of Shop Drawings and Submittals, the Contractor shall remain responsible for strict compliance with the requirements of the Contract Documents with respect to the Work, including that portion of the Work which is the subject of the approved Shop Drawing or Submittal. Such approval by the Design Professional shall not be deemed or construed to authorize any deviation from any of the requirements of the Contract Documents with respect to the portion of the Work which is the subject of the Shop Drawing or Submittal unless the Contractor has attached to the Shop Drawing or Submittal a written notice expressly describing and identifying the deviation and requesting its approval. 8.4 When making a re-submission of a Shop Drawing or Submittal following the Design Professional’s review, the Contractor shall specifically note in writing all revisions other than those required by the Design Professional on the previous submission. Contractor shall be liable for the Design Professional’s reasonable charges for review of Shop Drawings and Submittals that must be reviewed by the Design Professional more than once. 8.5 The Contractor shall not commence fabrication or installation of any portion of the Work for which the Contract Documents require a Shop Drawing or Submittal until the Design Professional has approved such Shop Drawing or Submittal, and then only in accordance with the Design Professional’s approval. Any delay in the Work caused by an untimely or inadequate submission of a Shop Drawing or Submittal shall be Contractor’s sole responsibility. 8.6 At the time of the earliest submission of a Shop Drawing, Product Data or Sample, and in any event prior to fabrication or delivery to the Project, the Contractor shall submit to the Owner and the Design Professional a certification from the supplier, vendor or manufacturer that the





material, equipment, product or system to be furnished by that supplier, vendor or manufacturer shall comply with each and every requirement of the Contract Documents, including all warranty requirements. No material, equipment, product or system may be fabricated or delivered to the Project site unless the Contractor has submitted the required certification. This paragraph shall not be deemed or construed to permit substitutions of alternative or substitute materials, equipment, products or systems, which shall be permitted only when approved in accordance with paragraphs 3.F. or 3.G. of the Instructions to Bidders or paragraph 8.7 of these General Conditions. 8.7 If the Contractor determines after execution of the Contract for Construction and prior to submittal of applicable Shop Drawings, that a product, material, equipment or system required by the Contract Documents or otherwise approved for use is not available to be procured or that a substitute manufacturer, product, material, equipment or system would be otherwise advantageous to the Owner, and desires to propose a substitute, the Contractor may do so in writing, setting forth the following:

8.7.1 Full explanation of the proposed substitution and submittal of all supporting data, including technical information, catalog cuts, warranties, test results, installation instructions, operating procedures and other like information necessary for a complete evaluation of the substitution.

8.7.2 Reasons the substitution is advantageous and necessary, including the benefits to the Owner and the Work in the event the substitution is acceptable.

8.7.3 The cost of the product, material, equipment or system required by the Contract Documents and the cost of the proposed substitute.

8.7.4 The adjustment, if any, in the Contract Sum, in the event the substitution is acceptable.

8.7.5 The adjustment, if any, in the Contract Time and the construction schedule in the event the substitution is acceptable.

8.7.6 Submission of a proposal for substitution shall constitute a representation by the Contractor that: (1) the proposed substitution conforms with and meets all of the requirements of the pertinent Specifications and the requirements shown on the Drawings; (2) the Contractor has coordinated the proposed substitution with all separate contractors and any contractors employed by the Owner; and (3) the Contractor accepts the warranty and correction obligations in connection with the proposed substitution as if originally specified by the Design Professional.

8.7.7 Proposals for substitutions shall be submitted in triplicate to the Design Professional in sufficient time to allow the Design Professional no less than ten (10) days for review. No substitutions will be considered or allowed without the Contractor's submittal of complete substantiating data and information as stated herein.

8.8 If the Owner accepts any substitution proposed by the Contractor under paragraph 8.7,





the Contract Sum shall be reduced by all cost savings to the Contractor on account of the substitution and a Change Order reflecting such reduction executed by the parties. 8.9 Substitutions and alternatives may be rejected without explanation. Whether or not any proposed substitution is accepted by the Owner or the Design Professional, the Contractor and its Surety shall reimburse the Owner for any fees charged by the Design Professional or other consultants for evaluating each proposed substitution. 8.10 If the Owner accepts any substitution proposed by the Contractor under paragraph 8.7, or if the Contractor elects to use a substitute approved by the Owner under paragraphs 3.F. or 3.G. of the Instructions to Bidders, the Contractor shall assume responsibility for coordination of the substitute with the design, arrangement, details and utility requirements of other elements of the Work under this or any other Contract for Construction, or under any separate contract for work entered into by the Owner, and shall bear all costs, expenses and extra charges necessitated by the use of such substitute. ARTICLE 9 - INDEMNIFICATION 9.1 The Contractor assumes the entire risk, responsibility and liability for any and all damage or injury of every kind and nature whatever (including death resulting therefrom) to all persons, whether employees of the Contractor or otherwise, and to all property (including the Work itself) caused by, resulting from, arising out of or occurring in connection with the execution of the Work, or in preparation for the Work, or any extension, modification, or amendment to the Work by Change Order or otherwise. To the fullest extent permitted by law, the Contractor and its Surety shall indemnify and save harmless the Owner, the Board of School Directors of the Lower Merion School District, the Design Professional, the Design Professional's consultants, and agents and employees of any of them (herein collectively called the Indemnitees) from and against any and all liability, loss, damages, interest, judgments and liens growing out of, and any and all costs and expenses (including, but not limited to, counsel fees and disbursements) arising out of, or incurred in connection with, any and all claims, demands, suits, actions or proceedings which may be made or brought against any of the Indemnitees for or in relation to any breach of the Contract for Construction or any violation of the laws, statutes, ordinances, rules, regulations, or executive orders relating to or in any way affecting the performance of the Work under the Contract for Construction, or in relation to any injuries, including death, at any time resulting therefrom, sustained by any person or persons, or on account of any damages to property, including the loss of use thereof, arising out of or in consequence of the performance or breach of the Contract for Construction, whether or not such injuries to persons or damage to property are due or claimed to be due, in whole or in part, to any negligence of the Contractor or its employees, agents, Subcontractors or materialmen, excepting only such injuries and/or damages as are the result of the sole gross negligence of the Owner or the Design Professional. 9.2 The indemnity provisions of this paragraph shall not be limited by any statutory or constitutional immunity the Contractor enjoys from suits by its own employees or from limitations of recovery or liability under workers compensation laws, disability benefit laws or other employee benefit laws, and the Contractor and its Surety shall fully indemnify the Indemnitees notwithstanding any such immunity.





9.3 The obligations of the Contractor and its Surety under this Article 9 shall not extend to the liability of the Design Professional, the Design Professional's consultants, and agents and employees of any of them arising out of: (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications; or (2) the giving of directions or instructions by the Design Professional, the Design Professional's consultants, and agents and employees of any of them, provided such giving is the primary cause of the injury or damage. ARTICLE 10 - WAIVER OF LIENS 10.1 The Contractor acknowledges that since the Project is publicly owned, the Pennsylvania Mechanic’s Lien Law (49 P.S. §1101 et seq.) prohibits the filing of mechanic’s liens against the Owner’s land and improvements, including the Project. 10.2 If any Contractor, or Subcontractor, laborer, materialman or supplier of Contractor or any other person directly or indirectly acting for, through or under it or any of them files or maintains a lien or claim, whether a mechanics' lien or an attested account or otherwise, against the Property or Improvements, or any part thereof or any interests therein or any improvements thereon, for or on account of any work, labor, services, materials, supplies, equipment or other items performed or furnished for or in connection with the Work or under any change order or supplemental agreement for extra or additional work in connection with the Project, the Contractor agrees to cause such liens and claims to be satisfied, removed or discharged, at its own expense, by bond, payment or otherwise within ten (10) days from the date of the filing thereof, and upon its failure so to do the Owner shall have the right, in addition to all other rights and remedies provided under the Contract for Construction and the other Contract Documents or by law, to cause such liens or claims to be satisfied, removed or discharged by whatever means the Owner chooses, at the entire cost and expense of the Contractor and its Surety (such cost and expense to include legal fees and disbursements). The Contractor and its Surety agree to indemnify, protect and save harmless the Owner from and against any and all such liens and claims and actions brought or judgments rendered thereon, and from and against any and all loss, damages, liability, costs and expenses, including legal fees and disbursements, which the Owner may sustain or incur in connection therewith. ARTICLE 11 - SUBCONTRACTORS 11.1 Unless the Contract Documents require the Contractor to do so at an earlier time, the Contractor shall, within ten (10) days after notice of award, submit to the Owner and the Design Professional a list of the names of the Subcontractors the Contractor intends to employ and their respective portions of the Work, together with a certification from each Subcontractor that its portion of the Work shall comply with each and every requirement of the Contract Documents, including all warranty requirements. No Subcontractor may perform any portion of the Work on the Project site unless the Contractor has submitted the required certification. 11.2 The Contractor shall be fully responsible for all Work performed, and all labor or materials supplied, by any of its Subcontractors and for all actions and/or failures to act of its Subcontractors.





11.3 Nothing contained in the Contract Documents is intended, nor shall anything contained in the Contract Documents be construed to create any right of action by any Subcontractor against the Owner. 11.4 The Contractor shall not change a Subcontractor, person or entity previously selected without first giving written notice thereof to the Design Professional and the Owner. 11.5 At any time before the commencement, during the prosecution or after the completion of the Work, the Contractor acknowledges that the Owner shall be entitled to require the Contractor and any of the Contractor’s subcontractors, to submit to the Owner a full, complete and accurate accounting with respect to each Subcontract, including: (i) copies of all written subcontracts; (ii) copies of all subcontractor applications for payment; (iii) copies of all subcontract change orders; and (iv) a summary of all payments made by the Contractor, or received by the Subcontractor, on account of each such subcontract. The Contractor’s failure to submit such information with reasonable promptness, or interference with the Owner’s requests for such information from the Subcontractors, shall be a material breach of this Agreement. 11.6 SUBCONTRACTUAL RELATIONS All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub-subcontractors) which shall contain provisions that:

11.6.1 Preserve and protect the rights of the Owner and the Design Professional under the Contract Documents with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 11.6.2 Require that such work be performed in accordance with the requirements of the Contract Documents and that each Subcontractor be bound to Contractor by each and all of the terms and conditions of the Contract Documents, and assume towards Contractor all of those duties, obligations and responsibilities that Contractor by the Contract Documents assumes towards Owner, and Contractor shall have the same rights, remedies and defenses as against Subcontractor as Owner under the Principal Contract has against Contractor, with the same force and effect as though each such duty, obligation, responsibility, right, remedy, or defense were set forth in the subcontract in full; 11.6.3 Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with the Contract Documents; and 11.6.4 Obligate each Subcontractor specifically to consent to the provisions of this paragraph 11.6.

ARTICLE 12 - MUTUAL RESPONSIBILITY OF SEPARATE CONTRACTORS 12.1 The Owner reserves the right to perform through its own forces different portions of the Project or other construction or operations on the site. Unless otherwise provided in the Contract





Documents, when the Owner performs such work, the Owner shall not unreasonably interfere with or delay the Contractor’s Work. 12.2 The Owner reserves the right to award separate contracts for construction in connection with different portions of the Project or other construction or operations on the site. When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate contract for construction. 12.3 It is the express intention of the Owner and the Contractor that the Contractor shall, and hereby does grant to each separate contractor the status of third party beneficiary with respect to the contractual duties and obligations which the Contractor has under the Contract Documents concerning such separate contractors or their work. In no event shall the Contractor make any claim against the Owner for damages or an increase in the Contract Sum on account of any act, omission, fault, or breach of contract by a separate contractor, it being understood that: (a) the Contractor’s sole monetary remedy, if any, in such event shall be against such separate contractor; and (b) such monetary remedy shall not include a claim against the separate contractor’s surety bonds, which shall be for the sole benefit of the Owner as obligee. If the Contractor asserts a claim against the Owner or the Design Professional in violation of the foregoing provisions, the Contractor shall, in addition to all other relief that is afforded, reimburse each defendant for its reasonable costs and attorney’s fees. The Contractor and its Surety agree to indemnify and defend the Owner, the Board of School Directors of the Lower Merion School District and the Design Professional from any claim or demand made against them, or any of them, by a separate contractor for or on account of any actual or alleged act, omission, fault or breach of the Contractor. 12.4 Claims, other disputes or matters in question between the Contractor and a separate contractor which are not finally determined by the decision of the Owner or Design Professional under the Contract Documents, and which are not asserted against the Owner, shall be subject to arbitration if the Contractor and such separate contractor mutually agree. If a claim, other dispute or matter in question between the Contractor and a separate contractor includes or results in the assertion of a claim against the Owner, then all parties agree that such dispute, and all claims asserted therein, shall be resolved subject to the provisions of Article 24. Nothing contained in this paragraph is intended or shall be construed to authorize the assertion of a claim against the Owner or the Design Professional if such claim is prohibited or restricted by the Contract Documents. 12.5 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for clean-up and removal of trash and waste generated by their respective activities as described in paragraph 4.22, the Owner may clean up and allocate the cost among those responsible as the Owner’s Representative determines to be just. 12.6 The Contractor shall cooperate with and coordinate the scheduling and performance of its Work with the work of separate contractors or of the Owner; shall not interfere with or delay the progress or completion of the work of separate contractors or of the Owner; and understands that each separate contractor has reciprocal duties toward the Contractor. The Contractor





acknowledges and agrees that the Owner has no duty or responsibility toward the Contractor to prevent any separate contractor from interfering with or delaying the progress or completion of the Contractor’s Work, and that the Contractor’s sole claim in the event of such interference or delays shall be against the separate contractor causing same. 12.7 The Contractor shall keep informed of the progress of the work on the Project and give prompt written notice to the Owner, Design Professional and Scheduling Coordinator, if any, of any lack of progress or improper or defective work of separate contractors. In the absence of such prompt notice the Contractor shall be deemed to have accepted the progress of the separate contractor’s work as satisfactory for proper and timely progress and completion of the Contractor’s Work. ARTICLE 13 - ADDITIONS, DELETIONS AND CHANGES IN THE WORK 13.1 The Owner shall have the right, in its sole discretion and from time to time, and without invalidating the Contract for Construction or prejudicing its rights under any surety bonds, to make additions, deletions and changes to the Work, without regard to whether the Work or any portion thereof shall or shall not have been commenced or completed. The Contractor shall perform all such additions, deletions and changes to the Work in accordance with, and subject to, the requirements of the Contract Documents. 13.2 The Contractor shall, upon written direction from the Design Professional or the Owner, make minor changes to the Work consistent with the intent of the Contract Documents. The Contractor shall not be entitled to any adjustment in the Contract Sum or the Contract Time on account of such minor changes. 13.3 The Contractor shall, upon request of the Owner or Design Professional, review and estimate the cost and schedule impact of proposed additions, deletions or changes to the Work. Upon receipt of such request, the Contractor shall promptly prepare and submit to the Owner and the Design Professional a proposed lump sum adjustment to the Contract Sum, with supporting documentation and calculations, and any proposed adjustment to the Contract Time on account of such proposed additions, deletions or changes. The Contractor’s proposed lump sum adjustment shall include charges for overhead and profit determined in accordance with paragraph 13.7. 13.4 With or without first proceeding under paragraph 13.3, the Owner may direct the Contractor to proceed with additions, deletions or changes to the Work by issuing to the Contractor a Construction Change Directive. The Contractor shall promptly proceed with the Work as directed by the Construction Change Directive. 13.5 The Construction Change Directive shall select one of the following methods of adjustment to the Contract Sum, to be selected by the Owner in its sole discretion: (a) the Contractor’s proposed adjustment to the Contract Sum submitted in response to a request under paragraph 13.3; (b) alternate or unit prices set forth in the Contractor’s bid or otherwise previously agreed





to by the parties; or (c) force account pursuant to paragraph 13.6. 13.6 When the Construction Change Directive selects the force account method, the Contract Sum shall be adjusted on the basis of the reasonable net increase or decrease in the following costs attributable to the addition, deletion or change to the Work, together with an allowance for overhead and profit on such net amount in accordance with paragraph 13.7:

13.6.1 costs of labor, established in accordance with required rates, including payroll taxes, fringe benefits and premiums for workmen’s compensation, unemployment and liability insurance;

13.6.2 costs of materials and equipment furnished, including shipping and delivery;

13.6.3 rental costs of machinery and equipment, exclusive of hand or other small tools;

and

13.6.4 costs of permit fees, and sales, use or similar taxes related to the Work; provided, however, that no increased surety bond premium will be due or payable unless the Contractor and Surety execute and deliver to the Owner a modification increasing the penal sum limits of the Contractor’s Performance and Payment Surety bonds by the total additional amount authorized under this paragraph. Nothing contained in this paragraph is intended or shall be construed to authorize a decrease in the penal sum of any Surety bond under any circumstances.

The Contractor shall present, at the end of each day the Contractor performed the Construction Change Directive Work, a summary of the day’s costs attributable to the addition, deletion or change to the Work, including labor hours and material costs, for verification by the Owner and the Design Professional. Only the costs as verified by the Owner or the Design Professional in good faith shall be used in computing any increase in costs for the purposes of the adjustment to the Contract Sum. Upon request, the Contractor shall provide to the Owner and the Design Professional full supporting documentation for all costs claimed. 13.7 For any adjustments to the Contract Sum (other than those based upon unit prices which include overhead and profit), the Contractor agrees to charge and accept, as payment for overhead and profit, the following percentages of costs attributable to the addition, deletion or change to the Work: 13.7.1 for the Contractor, when its forces actually perform the Work, a combined

percentage of ten percent (10%) for overhead and profit, and when a Subcontractor (of any tier) actually performs the Work, a combined percentage of five percent (5%) for overhead and profit;

13.7.2 for a Subcontractor under a Subcontract with the Contractor, for Work performed

by the Subcontractor's own forces, a combined percentage of five percent (5%) for overhead and profit, and for Work performed by its Sub-subcontractors, a





combined percentage of two percent (2%) for overhead and profit; 13.7.3 for a Sub-subcontractor under a Subcontract with a Subcontractor for Work

performed by such Sub-subcontractor, a combined percentage of three percent (3%) for overhead and profit;

13.7.4 when both additions and credits are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any.

13.7.5 the charges for overhead and profit referred to herein shall include all claims and

requests for payment by the Contractor of indirect and/or consequential costs and expenses of any kind arising out of the subject addition, deletion or change to the work or the effect of the addition, deletion, or change upon other work or upon the scheduling, progress or completion of other Work, including, without limitation, home office overhead, supervision, field office overhead, and return on staff.

13.8 All alternate or unit prices set forth in the Contractor’s bid or otherwise agreed to by the parties shall be deemed to include all charges for overhead and profit including all the items referred to in paragraph 13.7.5. 13.9 The Contractor's agreement to a Change Order, or acceptance of payment therefor or for a Construction Change Directive, shall constitute a final settlement of all of the Contractor's rights, claims and remedies relating to the change in the Work which is the subject matter thereof, including, without limitation, all direct and indirect costs, and all adjustments to the Contract Sum and the Contract Time or construction schedule. 13.10 If a unit price set forth in the Contractor’s bid or otherwise agreed to by the parties is expressly agreed by the parties to be based upon an estimate of quantities, and a later Construction Change Directive fundamentally and cardinally increases or decreases those quantities, such unit prices shall be equitably adjusted. 13.11 Following determination of the adjustment to the Contract Sum on account of a Construction Change Directive, the parties shall prepare and execute a Change Order. Pending such determination, amounts not in dispute may be included in the Contractor’s Applications for Payment. 13.12 If the Contractor claims that certain work constitutes an addition, deletion or change to the Work, the Contractor shall so notify the Owner and the Design Professional before proceeding with such work, or else any claim by the Contractor for an adjustment to the Contract Sum or the Contract Time on account thereof shall be deemed waived. If the Contractor gives timely notice and the Owner directs the Contractor to proceed with such disputed work as part of its Work or as a minor change in the Work, the Contractor shall promptly proceed with such disputed work, subject to later resolution in accordance with Article 24. In that event, the Contractor shall present, at the end of each day the Contractor performed the disputed work, a summary of the day’s costs attributable to the disputed work, including labor hours and material costs, for verification by the Owner and the Design Professional. Only the costs as verified by





the Owner or the Design Professional in good faith shall be used in computing any increase in costs for the purposes of the adjustment to the Contract Sum, should it later be determined that the Contractor is entitled to such adjustment. Upon request, the Contractor shall provide to the Owner and the Design Professional full supporting documentation for all costs claimed. If and to the extent that the Contractor fails to submit such summary each day, its claim for an adjustment to the Contract Sum shall be deemed waived. 13.13 Any increase in the Contract Sum by Change Order shall automatically result in a corresponding increase in the penal sum of the Performance bond and the Labor and Material Payment Bond without notice to or consent from the Surety, such notice and consent being waived by the Surety. If the Contract Sum is reduced by Change Order, however, there shall be no decrease in the penal sum of either Surety Bond. ARTICLE 14 - THE CONTRACT TIME 14.1 Any and all “float time” included within the Contract Time, any interim milestones or in any schedule belongs exclusively to the Owner and may be used as the Owner, in its sole discretion, determines. No Contractor shall have any claim against the Owner on account of the Owner’s use of any or all such “float time.” 14.2 The Contractor shall not commence any Work on the site or elsewhere prior to the effective date of the Contractor’s insurance required by Article 17. 14.3 The Contractor’s failure to: (a) progress, perform, complete and coordinate its Work so that its Work and any work of the Owner or any separate contractors shall be sufficiently complete to meet the interim milestone dates listed in the Contract for Construction; (b) substantially complete the Work, in accordance with the definition of Substantial Completion set forth in Article 1, within the Contract Time; or (c) fully and finally complete the Work, including all punch list work, in conformity with the Contract Documents in all respects, no later than twenty (20) days after the date of Substantial Completion, will constitute a material breach of the Contract for Construction and may cause the Owner to sustain or incur significant losses, costs, expenses, damages and liabilities (“Delay Damages”) including, without limitation, Delay Damages of a consequential nature or arising out of or relating to the Owner’s obligations to arrange for temporary or substitute classroom and other facilities. In addition to, and not in limitation of, any other duties, obligations and liabilities they may have under the Contract for Construction and applicable law, the Contractor and its Surety agree that if the Contractor materially breaches the Contract for Construction as set forth in this paragraph, they and each of them will be jointly and severally liable to the Owner for all such Delay Damages, including, without limitation: (a) storage and rental costs and charges; (b) additional transportation expenses; (c) costs and expenses to rent or construct temporary classroom and other facilities; (d) temporary light, heat, power, security, communications and maintenance expenses; (e) attorneys fees and expenses; (f) additional architectural, engineering and consulting fees and expenses; (g) additional construction management fees and expenses; (h) amounts, if any, paid by the Owner to separate contractors or other third parties by reason of the failure of the Contractor and its Surety to indemnify the Owner in the manner required by the Contract Documents; and (i) any and all other Delay Damages sustained or incurred by the Owner on account of such material breach of the Contract for Construction. The Owner’s exercise, or failure to exercise, any rights,





claims or remedies it may have arising out of or relating to the Contractor’s failure to complete the Work, or a portion thereof, within the time or times required under the Contract Documents shall not release, prejudice or discharge the Owner’s other rights and remedies, nor shall it give rise to any right, claim, remedy or defense by any other person, including the Contractor, its Surety, any Subcontractor, or any other person or entity. 14.4 Should the Contractor be delayed, obstructed, hindered or interfered with in the commencement, prosecution or completion of the Work by any act, omission, breach or fault of the Owner, the Design Professional or any separate contractor, or by a Construction Change Directive, labor dispute, fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any other cause beyond its control and not due to any act, omission, breach or fault of the Contractor, its officers, agents, employees or Subcontractors, then the Contract Time shall be extended by Change Order for a period equal to the time lost by reason of any and all such causes; provided however, that the Contractor shall not be entitled to any such extension of the Contract Time unless the Contractor: (1) notifies the Owner and the Scheduling Coordinator, if any, within seven (7) days of the commencement of the cause thereof; and (2) demonstrates that it could not have anticipated or avoided such delay, obstruction, hindrance or interference and has used all available means to minimize the consequences thereof. 14.5 Any claim for extension of the Contract Time not made in writing to the Owner, and the Scheduling Coordinator, if any, within seven (7) days after the commencement of the cause thereof shall be waived. 14.6 Unless otherwise agreed, no claim for an extension of the Contract Time shall be allowed for the failure of the Owner or the Design Professional to furnish required information, approvals or interpretations unless the Owner or the Design Professional failed to furnish such information, approvals or interpretations within fifteen (15) days after the Contractor’s written request for them. 14.7 Notwithstanding anything to the contrary in the Contract Documents, an extension in the Contract Time, to the extent permitted under paragraphs 14.4 and 14.5, shall be the sole and exclusive remedy of the Contractor for any: (1) delay in the commencement, prosecution or completion of the Work; (2) hindrance or obstruction in the performance of the Work; (3) loss of productivity; or (4) other similar claims (collectively referred to in this paragraph 14.7 as Delays) whether or not such Delays are foreseeable and whether or not such Delays are the fault or responsibility of the Owner or any other person for whose acts the Owner is responsible, unless a delay is caused solely by the acts of the Owner constituting “active interference” with the Contractor’s performance of the work, and only to the extent that such acts continue after the Contractor furnishes the Owner with written notice of such interference. In no event shall the Contractor be entitled to any compensation or recovery of any damages from the Owner in connection with any Delay, including, without limitation, consequential damages, lost opportunity costs, loss of bonding capacity, impact damages or other similar remuneration. The term “active interference” as used in this paragraph shall mean only Owner’s affirmative or positive interference with the Contractor’s Work or the failure on the part of the Owner to act in some essential matter necessary to the prosecution of the Work; provided, however, that no act, omission, or breach of duty by any separate contractor, the Design Professional or the Owner’s





approval or acquiescence therein, shall be deemed or construed as “active interference,” nor shall Owner’s exercise or failure to exercise any rights or remedies under the Contract Documents (including without limitation, acting or failing to act to terminate a separate contractor for default, acting or failing to act to prevent, limit or mitigate a delay, disruption, or other breach of contract by a separate contractor, making or failing to make payments to Contractor or a separate contractor, ordering changes in the work, or directing suspension, rescheduling or correction of the work), regardless of the extent or frequency thereof, be deemed or construed as “active interference.” Should Contractor, in any litigation or arbitration with the Owner, challenge the legality of this paragraph in whole or in part, or seek compensation or recovery of damages for any delay for which an extension of time is the sole remedy or otherwise not recoverable under this paragraph, Contractor shall in such proceeding be liable to the Owner for all of Owner’s legal fees and costs of defending its rights under this paragraph. ARTICLE 15 - PAYMENTS 15.1 Prior to the submission of its first Application for Payment, the Contractor shall submit for approval by the Owner and the Design Professional a schedule of values fairly and reasonably allocating the Contract Sum to the various portions of the Work and organized into the trade categories established by the Construction Specifications Institute. The Contractor shall correlate line items in the schedule of values with the activities for its Work shown on the Project construction schedule or, in the absence thereof, the Contractor’s accepted construction schedule. If approved, the schedule of values shall be incorporated into the Contractor’s Applications for Payment. 15.2 The Contractor shall prepare and submit to the Owner and the Design Professional its Applications for Payment on AIA Form G702 and G703 current as of the date of the Contract for Construction, or such other form as the Owner may direct. The Contractor shall specifically identify all Subcontractors or suppliers that have not been paid for labor, equipment or materials furnished for which Contractor has been paid by Owner pursuant to a previous Application for Payment. Certified Payroll submissions must be complete up to the date of submission of an application for payment. If requested by the Owner, the Contractor shall provide a certificate of insurance demonstrating that the insurance required by the Contract Documents remains in effect as of the date of the Contractor’s Application for Payment. 15.3 Unless authorized by the Owner in writing, payments will not be made for materials and equipment prior to their installation, whether delivered to the Project or in storage on or off the Project site. If the Owner elects to authorize such payments, the Owner may require suitable storage and appropriate documentation and insurance as a condition of its authorization. Appropriate documentation includes, but is not necessarily limited to:

1. evidence acceptable to the Owner that the materials are now covered by insurance in an amount not less than 100% of the value of the materials, evidenced by certificate issued to the Contractor reflecting all risk coverage, amount of deductible and the effective dates of coverage, naming the Owner and the Contractor as named insureds and covering the materials until they are delivered to the Project site;





2. evidence acceptable to the Owner that any vendor in possession of the materials has been paid in full for the stored materials;

3. evidence acceptable to the Owner that the materials are not subject to any security

interest or encumbrance; 4. evidence acceptable to the Owner that the Contractor has clear, marketable title to the

materials; 5. evidence acceptable to the Owner that the materials are stored in a safe and secure

manner so as to preclude damage by the elements, theft or vandalism; 6. an affidavit identifying the materials with as much specificity as possible, stating (a) that

the affidavit is being made in connection with payment for the identified materials, (b) that the materials are clearly and conspicuously marked so as to identify Owner’s title to the materials and are segregated and not commingled with other materials at the storage location, (c) that materials are available for inspection by the Owner and (d) that the materials will remain in the identified storage location until the Contractor, at its own expense, has them transported to the site;

7. a signed acknowledgement from the Contractor and its Surety that the Contractor retains

full responsibility under the Contract Documents to install the subject materials when and as required and for their conformity to the Contract Documents, and that the Owner's payment for these materials is not a representation or agreement that the materials conform to the Contract Documents or are otherwise acceptable to the Owner.

The Contractor shall be responsible for all storage, insurance, transportation and Owner inspection costs associated with the stored materials, as well as for any damage or deterioration of the materials while in storage or in transit to the construction site. 15.4 The Contractor warrants that title to all Work for which Application for Payment is made will pass to the Owner no later than the time of the Owner’s payment. 15.5 In addition to any other requirements of the Contract Documents, the Contractor shall be required to perform the following during each billing period before submitting each Application for Payment and its final Application for Payment:

(a) review with the Owner’s Representative and the Design Professional the quantity of work performed during the billing period and submit for payment no more than the quantity of work actually performed;

(b) pay to the Owner, or deduct from the amount invoiced, the amount of any and all charges for equipment or services furnished by the Owner to the Contractor in connection with the Contractor’s work including, without limitation, cleaning, trash removal, dumpsters, hoisting, work, labor, services, materials, plant, equipment, tools, scaffolds, appliances, heat, light, power, water, and any other thing furnished by the Owner to the Contractor;





(c) pay to the Owner, or deduct from the amount invoiced, the amount of all costs, expenses, losses and or damages incurred by the Owner, through its own forces or by others, to perform Work or other duties and obligations which are the responsibility of the Contractor under the Contract Documents and to correct, repair, or replace the work or property of the Owner or others damaged by the Contractor or through the fault or neglect of the Contractor;

(d) pay all amounts due for all work, labor, services, taxes, materials, plant, equipment, tools, scaffolds, appliances, heat, light, power, water, and all other things used by the Contractor in connection with the Work;

(e) provide any increased retainage, bond, collateral, security, waiver, release,

certification, affidavit or other documented as may be required by the Contract Documents; (f) pay to the Owner, or deduct from the amount invoiced, all other sums or damages

for which the Contractor is liable under the Contract Documents; and (g) provide a list identifying any reduced or withheld payments to any subcontractors

or suppliers for Work for which the Contractor has previously received payment from the Owner. 15.6 The Design Professional shall, within seven (7) days, review and evaluate the Contractor’s Applications for Payment based upon the Design Professional’s observations and review of the Work. Based upon that review and evaluation, the Design Professional shall certify the amounts due the Contractor. If any Work under any Contract for Construction has been performed, but the Design Professional will not certify the Work as having been performed in accordance with the Contract Documents, the Design Professional shall issue a written Deficiency Notice, on the Owner’s behalf, to the Contractor, within fifteen (15) days of the date the Owner received the Application for Payment and provide a copy of such notice to the Owner. 15.7 The Design Professional’s certification for payment under paragraph 15.6 shall constitute a representation to the Owner, as of the date of the Contractor’s Application for Payment, that: (a) the Work has progressed to the point indicated; (b) to the best of the Design Professional’s knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents; (c) there are no defects or deficiencies in the Work for which the Owner should withhold payment under applicable law; and (d) the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Design Professional. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has: (1) made reviews or on-site inspections beyond the scope of the Design Professional’s duties; or (2) reviewed the Contractor’s payments to its Subcontractors and material suppliers to substantiate the Contractor’s right to payment or how the Contractor has used or applied previous payments. Neither the Contractor nor its Surety shall be entitled to make any claim against the Design Professional or the Owner arising from any Certificate for Payment.





15.8 If the Design Professional determines, in its sole judgment, that the representations required by paragraph 15.7 cannot be made, the Design Professional shall to that extent withhold certification of payment, and notify the Contractor and the Owner of its decision. The Design Professional will promptly issue a Certificate for Payment for the amount, if any, for which the Design Professional is able to make such representations to the Owner. The Design Professional shall have the right to rescind a Certificate for Payment in whole or in part as the result of observations or information made or received after the certification. The Design Professional shall also withhold certification and may rescind prior certifications to the extent necessary to protect the Owner from loss, including, without limitation, attorneys fees and expenses, because of:

15.8.1 defective Work not corrected; 15.8.2 third party claims filed or reasonable evidence indicating probable filing of such

claims;

15.8.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment;

15.8.4 reasonable evidence that the Work cannot be completed for the unpaid balance of

the Contract Sum;

15.8.5 damage to the Owner or another contractor;

15.8.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual damages for the anticipated delay;

15.8.7 failure to carry out the Work in accordance with the Contract Documents; or

15.8.8 failure to provide documents required to be furnished under the Contract

Documents, including the Certificate of Insurance, insurance policy endorsements or waiver of liens.

15.9 When the reasons for withholding certification are removed, the Design Professional shall certify amounts previously withheld. 15.10 After the Design Professional has issued a Certificate for Payment, the Owner shall make payment, less the applicable retainage as set forth herein, in the manner and within the time provided in the Contract for Construction, and shall so notify the Design Professional. The Owner shall withhold retainage from each progress payment in the amount of ten percent (10%) of the amount due the Contractor until fifty percent (50%) of the Work is satisfactorily completed. Upon (1) certification of the Design Professional that (a) the Contractor has satisfactorily completed fifty percent (50%) of the Work and (b) no specific cause exists for greater withholding and (2) upon submission by the Contractor’s surety of an executed consent of surety to reduction in or partial release of retainage, the Owner shall release one half of the amount retained to the Contractor and the Owner shall retain five percent of (5%) of the amount





of subsequent progress payments approved by the Design Professional. Following the reduction of the retainage, the Owner may reinstate the full ten percent (10%) retainage if the manner of completion of the Work and its progress do not remain satisfactory to the Owner and the Design Professional or for other good and sufficient reasons. Notwithstanding anything in this paragraph 15.10 to the contrary, the Owner may elect, in the Owner's sole discretion, to make any payment due to the Contractor under the Contract Documents payable, in whole or in part, jointly to the Contractor and any Subcontractor or supplier (of any tier), or, in the Owner’s sole and complete discretion, directly to a Subcontractor or supplier, for amounts due for labor, material and/or equipment furnished by such Subcontractor or supplier. Neither this paragraph, nor any joint payment made hereunder shall be construed to create any: (1) contract between the Owner and any such Subcontractor or supplier; (2) obligation from the Owner to any party, including, without limitation, the Contractor, its Surety or any such Subcontractor or supplier; (3) right in favor of any party, including, without limitation, the Contractor, its Surety, or any such Subcontractor or supplier against the Owner. 15.11 The failure of the Owner to retain any percentage payable to the Contractor or any change in or variation of the time, method or condition of payments to the Contractor shall not release or discharge to any extent whatsoever the Surety upon any bond given by Contractor hereunder. The Owner shall have the right, but not the duty, to disregard any schedule of items and costs that the Contractor may have furnished and defer or withhold in whole or in part any payment if it appears to the Owner, in its sole discretion, that the balance available in the Contract Sum as adjusted and less retained percentages, may be insufficient to complete the Work. 15.12 The Contractor will receive all payments made by the Owner and will hold such payments as a trust fund to be applied first to the payment of Subcontractors and any other persons furnishing labor, materials, or services for the Work; and the Contractor will so apply the payments from the Owner before using any part thereof for any other purpose whatsoever. The Contractor shall, as often as requested by the Owner, furnish an affidavit showing the names and addresses of all persons who have furnished labor, materials or services for the Work and the amount due or to become due to each such person. Progress payments may, in the discretion of the Owner, be made in the form of checks payable jointly to the Contractor and such person. If the Contractor shall fail to pay promptly when due for all labor, services and materials furnished in connection with the performance of the Work, the Owner may, after five (5) days' written notice to the Contractor, and after determining to its own satisfaction that the claim is valid, in its sole discretion, pay the amount of such liabilities and recover the amount thereof from the Contractor and its Surety, directly or by the application of any portion of the payment(s) then, or thereafter, becoming due hereunder. The Contractor will, at the request of the Owner, provide affidavits from all persons furnishing labor, materials or services stating specifically that they have been paid in full. The Contractor will maintain, available for inspection at the Owner's request at any reasonable time, all records required to be kept. Failure of the Contractor to comply with the requirements of this paragraph shall constitute a material breach of the Contract for Construction. Nothing in this paragraph, or elsewhere in the Contract Documents, shall be deemed or construed to make any Subcontractor or other person supplying labor, materials or services a third party beneficiary of the Contract for Construction or to create any duty or





obligation on the part of the Owner toward any or all such Subcontractors or other persons. 15.13 The Design Professional will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Design Professional and the Owner on account of portions of the Work done by such Subcontractor. 15.14 A Certificate for Payment, a progress payment, final payment or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not complying with the requirements of the Contract Documents, whether such non-compliance is known or unknown, latent or patent, foreseeable or unforeseeable, nor shall it release the Contractor from any of its obligations under the Contract Documents. 15.15 If the Owner does not make a payment when and as required by the Contract Documents, the Contractor may, after fifteen (15) days’ notice to the Owner of its intention to do so, stop its Work until payment of the amount due is made. 15.16 If the Owner is entitled to reimbursement or payment from the Contractor under or pursuant to the Contract Documents, such payment shall be made promptly by the Contractor and its Surety upon demand by the Owner. Notwithstanding anything contained in the Contract Documents to the contrary, if the Contractor fails to promptly make any payment due the Owner, or the Owner incurs any costs and expenses (including, without limitation, attorneys fees and expenses) to cure any default of the Contractor or to correct defective Work, the Owner shall have an absolute right to offset such amount against the Contract Sum and may, in the Owner's sole discretion, elect either to: (1) deduct an amount equal to that to which the Owner is entitled from any payment then or thereafter due the Contractor from the Owner; or (2) issue a written notice to the Contractor reducing the Contract Sum by an amount equal to that to which the Owner is entitled. 15.17 The Contractor shall submit its final Application for Payment in accordance with the provisions of paragraph 19.1. The Contractor shall submit a final release of all claims against the Owner arising from the Project, in a form included as a Contract Document, with its final Application for Payment. 15.18 Notwithstanding any provision of any law to the contrary, the Contractor agrees that the time and conditions for payment under the Contract for Construction shall be as stated in the Contract for Construction and in the Contract Documents. The Contractor specifically agrees that Owner’s failure to give, or timely give, notice of: (1) any error in an invoice or application for payment submitted by the Contractor for payment; or (2) any deficiency or non-compliance with the Contract Documents with respect to any Work for which payment is requested, shall not waive or limit any of the Owner’s rights or defenses under the Contract for Construction and the Contract Documents, or require the Owner to make a payment in advance of the time, or in an amount greater than, as provided by the Contract for Construction. To the fullest extent permitted by law, in consideration of the payment of ten and 00/100 Dollars ($10.00) and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, and with the intent to be legally bound, the Contractor and its Surety specifically, voluntarily and intentionally waive and release any claim against, or right to receive from, the Owner, or to





require the Owner to make, any payment of interest, penalty or attorneys fees under any law governing the time, conditions or requirements for payment, including, without limitation, the provisions of 62 Pa. C.S. §§3921 through 3942, even if the Owner fails to make payment in accordance with the Contract for Construction or any such law. In the event this waiver and release is determined to be unenforceable under applicable law, the Contractor and its Surety agree that the Owner’s maximum aggregate liability for all interest, penalties and attorneys fees on account of any and all such failures to pay shall not exceed the sum of one thousand dollars ($1,000.00). 15.19 The Contractor shall make payments to its Subcontractors in accordance with the provisions of any applicable law governing the time, conditions or requirements for payment to its Subcontractors, and shall comply with the provisions of any such law. The Contractor will pay its Subcontractors no later than fourteen (14) days after receipt of a payment from the Owner which includes payment for the Work of any such Subcontractors. The Contractor shall require its Subcontractors, by appropriate agreement, to pay their subcontractors and suppliers (of any tier) within the same time. The Contractor and its Surety shall indemnify and defend the Owner, and the Board of School Directors of the Lower Merion School District from any loss, cost, expenses or damage, including attorneys’ fees, arising from or relating to the Contractor’s failure to comply with any such law. 15.20 If the Owner reasonably believes such action to be necessary for the timely and proper completion of the Work, the Owner may make any payment due to the Contractor under the Contract Documents payable, in whole or in part, jointly to the Contractor and any Subcontractor or supplier (of any tier), or, in the Owner’s sole and complete discretion, directly to a Subcontractor or supplier, for amounts due for labor, material and/or equipment furnished by such Subcontractor or supplier. Neither this paragraph, nor any joint or direct payment made hereunder shall be construed to create any: (1) contract between the Owner and any such Subcontractor or supplier; (2) obligation from the Owner to any party, including, without limitation, the Contractor, its Surety or any such Subcontractor or supplier; (3) right in favor of any party, including, without limitation, the Contractor, its Surety, or any such Subcontractor or supplier against the Owner. 15.21 If a dispute arises between Owner and a separate contractor, which dispute is based upon increased costs claimed by the separate contractor occasioned by delays or other actions of the Contractor, then, in addition to any other rights it may have, the Owner may, but shall not be required to, deduct from any application for payment and withhold additional retainage in the sum of one and a half (1-½) times the amount of any possible liability, including a good faith estimate of the costs and attorneys fees necessary to defend any claim against the Owner arising from such dispute. All money retained by Owner under this paragraph will be withheld from Contractor until substantial completion of the Project or final resolution of the dispute between the Owner and the separate contractor as described herein, whichever is later. The Owner’s election to deduct and withhold such additional retainage shall not be an admission or acknowledgement of the validity of any claim asserted by a separate contractor. The rights set forth in this paragraph shall be in addition to, and not in limitation of, any other rights, claims and/or remedies that the Owner may have under the Contract Documents or applicable law. ARTICLE 16 - PROTECTION OF PERSONS AND PROPERTY





16.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. The Contractor's attention is directed to the provisions of the Federal Contract Work Hours and Safety Standards Act and to the Safety and Health Regulations for Construction issued pursuant thereto by the Secretary of Labor including, without limitation, those set forth in Part 1926 thereof (29 C.F.R. §1926.1 et seq.). The provisions of said Act and the Regulations issued thereunder and any other relevant federal, state and local laws, codes, ordinances, rules and regulations (including without limitation, the Americans with Disability Act), including those relating to environmental protection; safety of workmen and persons in and about the site; signs, signals and barricades; utilization of open flame burners or torches in occupied buildings; discrimination in employment; fair employment practices or equal employment opportunity; and with all requirements of insurance underwriters, and all costs and expenses of complying therewith, shall be deemed to have been included in the Contract for Construction as if they had been fully set forth herein and the Contractor shall strictly comply therewith. The Contractor and its Surety agree to indemnify and hold harmless the Owner by reason of any claim, cost, loss, expense, damage, demand, judgment, liability, etc., which may be made against the Owner arising out of, or in connection with, any act, failure or omission of the Contractor so to strictly comply with said Act and the Regulations promulgated thereunder and any other relevant federal, state and local laws and regulations. 16.2 In the event the Contractor or its Subcontractors know or become aware of the presence or likely presence of any such hazardous or toxic waste or materials other than as indicated in the contract documents, they shall have the duty and responsibility to immediately stop the work in the affected area and report that fact and the locations involved to the Owner and the Design Professional. 16.3 The Contractor shall reasonably safeguard and protect the following against, and the Contractor and its Surety shall promptly remedy, repair and/or correct damage, injury or loss to:

16.3.1 employees; administrative, teaching and support staff of the Owner; school students; and other persons on or near the Project site;

16.3.2 the Work, the work of the Owner and other contractors, and materials and equipment in storage on or off the site, under the care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; and

16.3.3 other property at, on or near the Project site, such as trees, shrubs, lawns, walks, paved areas, sidewalks, roadways, structures and utilities not designated for removal or relocation as part of the Work.

16.4 The Contractor shall:

16.4.1 comply with any laws, ordinances, rules, regulations and lawful orders of governmental authorities pertaining to the safety of persons and property, shall comply with all plans and directives issued by any safety engineer that may be employed by the Owner and shall give timely notices to governmental authorities when required thereby,





all without additional cost or charge to the Owner;

16.4.2 within ten (10) days of the date that the Contractor is awarded a Contract for Construction, prepare and submit a safety plan for review by the Owner and the Design Professional; provided, however, that such review shall not relieve the Contractor and its Surety from compliance with any requirements of the Contract Documents and/or applicable law regarding the safety of persons and property; and

16.4.3 not employ open flame burners or torches in occupied buildings without the prior written consent of the Owner.

16.5 The Contractor shall provide and maintain all signage, notices, barricades, barriers and protection required by law, the Contract Documents or otherwise to reasonably safeguard and protect persons and property as required by paragraph 16.3. 16.6 If the Contractor’s Work involves the use or storage of explosives or other volatile materials, or heavy equipment or unusual methods are necessary for the execution of the Work, the Contractor shall exercise utmost care and provide properly qualified personnel to supervise and conduct such activities. 16.7 The Contractor’s project manager shall be assigned the duty to take reasonable precautions against accidents and to instruct the Contractor’s personnel regarding safety practices and procedures at the Project site. 16.8 The Contractor shall not cause or permit any part of the Project, Work or site to be loaded so as to endanger its structural integrity or safety. 16.9 The Contractor shall immediately report any accidents involving injury to persons or property at the Project site or relating to the Work to the Owner and the Design Professional. The Contractor shall provide full documentation in writing of the details of the accident, including any witnesses’ statements. 16.10 The Contractor shall act immediately and prudently to prevent threatened damage, injury or loss in an emergency affecting safety of persons or property. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in these General Conditions. ARTICLE 17 - INSURANCE AND BONDS 17.1 The Contractor shall purchase from and maintain in a company or companies acceptable to the Owner and lawfully authorized to do business in the Commonwealth of Pennsylvania, the following insurance to protect the Contractor from claims which may arise out of or result from the Contractor's operations under the Contract for Construction and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:





17.1.1 Worker's or Workmen's Compensation Insurance, including: (a) Employer's Liability, in an amount not less than $500,000 or such larger sum as may be required by the laws of the Commonwealth of Pennsylvania; and (b) All States endorsement;

17.1.2 Commercial General Liability Insurance, including coverage for, among other things, claims for bodily injury, sickness, disease or death of any person or damage to any property (other than the Work itself), including loss of use resulting therefrom, in an amount not less than $1,000,000 per occurrence/$2,000,000 aggregate;

17.1.3 Automobile Liability Insurance, including coverage for claims arising out of the ownership, maintenance or use of a motor vehicle, as well as motor vehicle pollution liability coverage, in an amount not less than $1,000,000 combined limit for personal injury/property damage.

17.1.4 Excess Liability Insurance, in an amount not less than $5,000,000 per occur-rence/$5,000,000 aggregate, and following the form of the above described primary insurance policies;

17.1.5 Contractor’s Pollution Liability Insurance, covering Bodily Injury and Property Damage liability to third persons or parties arising from pollution liability incidents, with limits of liability not less than $1,000,000. Such insurance may be provided by endorsement to the Commercial General Liability Insurance described in paragraph 17.1.2 above. The Contractor need not provide insurance under this paragraph 17.1.5 unless its Work includes abatement, remediation or disposal of hazardous materials.

17.2 The Contractor shall require that its Subcontractors maintain Worker's Compensation Insurance as described in paragraph 17.1.1 hereof. Upon request, the Contractor will promptly procure and furnish to the Owner, certificates of insurance confirming that such insurance is in full force and effect. 17.3 The Commercial General Liability insurance described in paragraph 17.1.2 shall include all major divisions of coverage and shall be on a comprehensive "occurrence" (as opposed to "claims made") basis, including, without limitation:

17.3.1 Premises/Operations (including X, C and U coverages as applicable);

17.3.2 Independent Contractors';

17.3.3 Products and Completed Operations;

17.3.4 Personal Injury Liability with Employment Exclusion deleted;

17.3.5 Contractual Liability, including specified provision for the Contractor's obligations under Article 9 hereof;

17.3.6 Owned, non-owned and hired motor vehicles; and





17.3.7 Broad Form Property Damage, including Completed Operations.

17.4 Except as hereinafter provided, the insurance required by paragraph 17.1 shall be maintained without interruption from the date of commencement of the Work until the date of final payment. The products and completed operations coverage required under paragraph 17.3.3, shall be maintained without interruption from the date of commencement of the Work until one (1) year after the date of final payment. The insurance required by paragraph 17.1 shall be primary over any other valid and collectible insurance and all aggregate limits shall be on a per project basis. Each insurance company shall have a current rating of A- or better and a size category of IX or larger as determined by A.M. Best Company Insurance Services, and shall bean admitted carrier in Pennsylvania, with participation in the Pennsylvania Insurance Guarantee Fund. 17.5 Certificates of Insurance on the forms provided in the bid documents and original insurance policy endorsements shall be filed with the Owner prior to the date for commencement of the Work evidencing the Contractor’s procurement of all insurance required under paragraph 17.1. Such certificates and insurance policy endorsements shall name the Owner, the Board of School Directorsand the Design Professional as additional insured, except with respect to Worker's Compensation. These Certificates and the insurance policies required by this paragraph 17.5 shall contain a provision that written notice will be given to the Owner prior to any policy being canceled, terminated, allowed to expire or substantially modified If any of the foregoing insurance coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by paragraph 19.5. Reduction of coverages shall not be permitted without the prior written consent of the Owner. 17.6 If the Contractor fails to purchase and maintain, or require to be purchased and maintained, any insurance required under paragraph 17.1, or fails to provide the Certificates of Insurance within the required time, the Owner may, but shall not be obligated to, upon five (5) days' written notice to the Contractor: (1) stop the Work under paragraph 23.1 hereof; (2) terminate the Contract for Construction under paragraph 23.4 hereof; or (3) purchase such insurance on behalf of the Contractor, in which case the Contractor and its Surety shall indemnify the Owner for the costs thereof upon demand. 17.7 The Contractor shall not be obligated to purchase or maintain property insurance insuring against damage or injury to the premises or the Work, unless requested to do so in writing, in which case a change order shall be issued therefor in accordance with the Contract Documents. The Owner, without being obligated to do so, may purchase and maintain such property insurance, including builder’s risk coverage, as in the Owner’s sole discretion it may deem necessary and appropriate under the circumstances. The Owner’s purchase, or failure to purchase, property insurance as described in this paragraph, shall not release, prejudice or discharge the Owner’s other rights and remedies, nor shall it give rise to any right, claim, remedy or defense by any other person, including the Contractor, its Surety, any Subcontractor, or any other person or entity. 17.8 At the time of execution of the Contract for Construction and prior to commencing any





Work, the Contractor shall furnish to the Owner a Performance Bond and a separate Labor and Material Payment Bond, each in an amount equal to the Contract Sum, on the forms provided by the Owner as part of the bid documents. The surety on such bonds must be listed on the United States Department of the Treasury list for sureties acceptable on federal construction projects (United States Department of the Treasury Circular No. 570) and must be licensed to engage in the insurance business in the Commonwealth of Pennsylvania. The Surety’s obligations under the Performance Bond extend to all of the Contractor’s obligations under the Contract Documents and the fact that certain provisions in the Contract Documents expressly refer to the Surety shall not be deemed or construed to limit the Surety’s obligations in any way. Nothing contained in the Contract Documents is intended, or shall be construed, to afford the Contractor any right, claim or remedy under any Performance Bond furnished by any separate contractor, nor to afford any separate contractor any right, claim or remedy under the Performance Bond furnished by the Contractor. If the Contractor fails to provide the surety bonds within the required time, the Owner may but shall not be obligated to: (1) stop the Work under paragraph 23.1 hereof; or (2) terminate the Contract for Construction under paragraph 23.4 hereof. 17.9 The Contractor shall promptly provide a copy of the payment bond to any person or entity claiming to have rights thereunder. ARTICLE 18 - UNCOVERING AND CORRECTION OF WORK 18.1 If a portion of the Work is covered or enclosed contrary to the Design Professional's request or to requirements of the Contract Documents, the Contractor shall, upon the Owner’s Representative’s or the Design Professional’s request and the Contractor’s sole cost, uncover and expose the Work in question for the Design Professional’s observation and then restore the covering or enclosure. 18.2 Except as provided in paragraph 18.1, if a portion of the Work is covered or enclosed, the Contractor shall, upon the Owner’s or the Design Professional’s request, uncover and expose the Work in question for the Design Professional’s observation and then restore the covering or enclosure. If the Work in question is found to be in accordance with the Contract Documents, costs to uncover and expose such Work and to restore the covering or enclosure shall be paid by the Owner pursuant to a Change Order. If the Work in question is found not to be in accordance with the Contract Documents, the Contractor and its Surety shall correct the deficiencies and pay the costs to uncover and expose such Work and to restore the covering or enclosure. 18.3 The Contractor shall, at its sole cost and expense, promptly correct any and all Work rejected by the Design Professional or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion. The Contractor and its Surety shall indemnify the Owner for all costs, expenses, losses and/or damages incurred by Owner, including attorneys' fees, additional testing and inspections and compensation for the Design Professional's services and expenses, made necessary thereby. 18.4 For the period of one year after the date of Substantial Completion of the Work or the date the applicable portion of the Work was performed, whichever is later, the Contractor and its Surety shall, promptly after written notice from the Owner or the Design Professional, correct any Work found not to be in accordance with the requirements of the Contract Documents. This





paragraph is in addition to any other warranty or remedy provided elsewhere in the Contract Documents and shall survive the expiration of any such other warranty, acceptance of and final payment for the Work, and the termination of the Contract for Construction. 18.5 The Contractor and its Surety guarantee to make good, repair and/or correct, at no cost or expense to the Owner, any and all latent defects hereafter discovered provided only that notice in writing shall be given by the Owner to the Contractor within one (1) year of the discovery of such defects. This obligation shall survive the termination of any or all other obligation or obligations under the Contract Documents, and it is agreed by the Contractor and its Surety that in the event the Owner is required to bring suit under this provision against the Contractor or its Surety to enforce this obligation, the Contractor and its Surety hereby waive any defense of the statute of limitations. 18.6 If the Contractor does not correct and the Owner does not accept a portion of the Work not in accordance with the requirements of the Contract Documents, the Contractor shall, at the Owner’s direction, remove such Work from the Project site at its sole cost and expense. 18.7 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may remove it, sell or store any salvable materials or equipment at the Contractor’s expense, and correct the Work in accordance with paragraph 23.1. 18.8 The Contractor and its Surety shall pay the cost to correct the work of the Owner or of separate contractors to the extent damaged or destroyed by the Contractor’s removal and correction of Work not in accordance with the requirements of the Contract Documents. 18.9 Nothing contained in this Article shall be deemed or construed to establish a period of limitation with respect to any obligations which the Contractor has under the Contract Documents. 18.10 The Owner, in its sole discretion, may decide by written notice to accept Work which is not in accordance with the requirements of the Contract Documents rather than require its removal and correction, and the Contract Sum shall be reduced in an amount equal to the costs of correction and removal. In the absence of such a written notice, regardless of the passage of time, final payment or whether the Owner knew or should have known of the non-conformity of the Work in question, the Owner shall retain the right to require removal and correction. ARTICLE 19 - COMPLETION 19.1 No later than fifteen (15) days prior to the date scheduled for Substantial Completion, the Contractor shall prepare and submit to the Design Professional and the Owner a comprehensive punchlist of items remaining to be completed or corrected, including the Contractor’s estimate of the cost to complete each item. No later than ten (10) days prior to the date scheduled for Substantial Completion, the Design Professional and/or the Owner may add additional items requiring completion or correction and may modify the Contractor’s estimated cost of completion for each item. The Contractor shall immediately proceed with the work required by the punchlist and shall complete and correct all of the items on or added thereto by the date scheduled for Substantial Completion. When the Contractor determines that the Work has





reached Substantial Completion, or when the Owner or Design Professional so determine and direct the Contractor to do so, the Contractor shall request the Design Professional’s final inspection to determine Substantial Completion, shall prepare and submit to the Design Professional and the Owner its final Application for Payment submitted in compliance with the requirements of the Contract Documents and shall thoroughly reinspect the Work and prepare and submit to the Design Professional and the Owner a comprehensive final punchlist of any and all items remaining to be completed or corrected (whether or not included on any previous punchlists). Within ten (10) days after receipt of the Contractor's request and final punchlist, the Design Professional will inspect the Work to determine whether Substantial Completion has occurred. If the Design Professional determines that Substantial Completion has not occurred, the Design Professional shall advise the Contractor and the Owner of the reasons for its determination, and the Contractor shall continue with the Work and request another inspection for Substantial Completion and submit another final punchlist after the Design Professional’s concerns have been addressed. The fees and expenses incurred by the Owner for services of the Design Professional and the Owner’s Representative as a result of any additional re-inspections of the Work, shall be paid by the Contractor and its Surety. When the Design Professional determines after an inspection under this paragraph that Substantial Completion has occurred, the Design Professional shall: (1) add to the Contractor’s final punchlist any additional items which the Design Professional discovers which also need to be completed or corrected, (2) determine and certify the amount required to complete each item on the punchlist, basing such determination and certification upon the amount the Owner would have to expend or incur to complete each such item if the Contractor failed to do so, and (3) prepare and issue a Certificate of Substantial Completion, which shall establish the date of Substantial Completion. The Contractor shall proceed promptly to complete and correct items on the final punchlist within twenty (20) days of the date of Substantial Completion. The failure of any item to appear on any punchlist shall not constitute an acceptance of any Work not in accordance with the Contract Documents nor relieve the Contractor or its Surety of responsibility with respect thereto. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work unless otherwise provided in the Certificate of Substantial Completion. The Design Professional shall submit the Certificate of Substantial Completion to the Owner and the Contractor. 19.2 Upon Substantial Completion of the Work, Application for Final Payment by the Contractor in compliance with the requirements of the Contract Documents and certification for final payment by the Design Professional, the Owner shall make payment in accordance with Section 5.3 of the Contract for Construction. For uncompleted items of Work, the Owner shall withhold one and one half times the amount estimated by the Design Professional under paragraph 19.1. The Owner shall pay the Contractor the amounts withheld when the Design Professional certifies that they have been completed. 19.3 The Owner reserves the right to occupy and use any portion of the Work before Substantial Completion has occurred. If the Owner desires to proceed under this paragraph, the Owner, the Contractor and the Design Professional shall first jointly inspect the portion of the Work to be occupied and used in order to determine and record its status. If the Design Professional determines that the portion of the Work is substantially complete, then: (1) the Owner may commence its occupation and use of such portion of the Work and shall thereupon become responsible to maintain such portion, (2) any warranties with respect to such portion





shall commence upon the Owner’s occupancy, (3) the Contractor shall prepare and submit a comprehensive punchlist of the items to be completed or corrected within such portion, (4) the Design Professional shall add to the punchlist any additional items which the Design Professional discovers which need to be completed or corrected within such portion, and (5) the Contractor shall proceed promptly to complete and correct items on the punchlist within thirty days of the Contractor’s submission of the punchlist or its receipt of the Design Professional’s additions to the punchlist, if any. If the portion of the Work is not yet substantially complete, the Owner may occupy and use such portion upon reaching a written agreement with the Contractor regarding their respective responsibilities for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and regarding the period for final completion and correction of the Work and commencement of warranties. 19.4 The Owner’s use and occupancy of a portion or portions of the Work under paragraph 19.3 shall not be deemed or construed to accept any Work not in compliance with the Contract Documents. 19.5 No payment under Sections 5.3 or 5.4 of the Contract for Construction or under paragraph 19.2 of these General Conditions shall become due until the Contractor submits to the Design Professional and Owner: (1) an affidavit that all payrolls, Subcontractors, equipment, and materials relating to the Work have been paid in full, except for amounts not yet paid by the Owner; (2) a certificate issued by or on behalf of the insurer that the insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire without at least thirty (30) days' prior written notice to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewed or renewable to cover the period required by the Contract Documents; (4) such close out documentation as may be required under other provisions of the Contract Documents; and (5) if and to the extent required by the Owner, other documents establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens and claims, arising out of the Contract for Construction. ARTICLE 20 - TESTS AND INSPECTIONS 20.1 Unless otherwise provided, the Contractor shall arrange, at its sole cost and expense and in such time as not to cause any delay, for all tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of governmental authorities. All such tests, inspections and approvals shall be made by an independent certified or qualified person or entity acceptable to the Owner. The Contractor shall give the Design Professional and the Owner reasonable advance notice of all such tests, inspections and approvals. 20.2 Except as provided in paragraphs 20.1 and 20.3, the Contractor shall arrange for additional testing, inspection or approval of its Work when directed by the Owner at the Owner’s expense. 20.3 If any portion of the Work is found to be not in compliance with the Contract Documents through any testing, inspection or approval process under this Article, the Contractor and its Surety shall bear all costs made necessary by such non-compliance including those of additional





testing, inspection or approval and compensation for the Design Professional's services and expenses. 20.4 The Contractor shall obtain and deliver to the Design Professional and the Owner original written certificates attesting to the results of any testing, inspection or approval under this Article. 20.5 The Design Professional and the Owner shall have the right to observe any and all tests, inspections or approvals required by the Contract Documents. ARTICLE 21 - LEGAL REQUIREMENTS 21.1 If the Contractor’s Work includes any demolition or excavation work, the Contractor shall comply with all requirements under the Pennsylvania statute found at 73 P.S. §180 regarding the duties of Contractors performing excavation or demolition work with respect to locating underground lines and pipe. 21.2 The Contractor shall comply with the provisions of the Pennsylvania statutes found at 62 Pa.C.S.A. §3931 et seq. regarding payments to and withholding payments from Subcontractors. 21.3 The Contractor shall comply with all requirements of the Pennsylvania Steel Products Procurement Act, found at 73 P.S. §1881 et seq. If any steel products are to be used or supplied in the performance of the Contract for Construction, only steel products as defined in the Pennsylvania Steel Products Procurement Act shall be used or supplied in the performance or this the Contract for Construction or any subcontract. The Pennsylvania Steel Products Procurement Act defines “steel products” to include cast iron products and to include machinery and equipment. The Owner shall not authorize, provide for or make any payments to the Contractor under the Contract for Construction unless, when unidentifiable steel products are supplied, the Contractor has provided documentation including, but not limited to, invoices, bills of lading, and mill certification that the steel was melted and manufactured in the United States, which establish that the Contractor has fully complied with the Pennsylvania Steel Products Procurement Act. If a steel product is identifiable from its face, the Contractor must submit a certification that the Contractor has fully complied with the Pennsylvania Steel Products Procurement Act. Any payments made by the Owner to the Contractor which should not have been made as a result of the Pennsylvania Steel Products Procurement Act shall be recoverable directly from the Contractor. 21.4 The Contractor shall comply with all requirements of the Pennsylvania Human Relations Act, Act 222 of October 27, 1955 (P.L. 744), found at P.S. §951 et seq. These requirements prohibit discrimination because of race, color, religious creed, ancestry, age, sex, national origin, handicap or disability, by employers, employment agencies, labor organizations, contractors and others. The Contractor’s attention is directed to the language of the Commonwealth’s non-discrimination clause found in 16 Pa. Code 349.101. 21.5 The Contractor shall comply with all requirements of the Pennsylvania Prevailing Wage Act, found at 43 P.S. §165-1 et seq and all regulations of the Pennsylvania Department of Labor and Industry promulgated thereunder. The Prevailing Wage Determination applicable to this the





Contract for Construction is attached to the Bidding Documents. The provisions of the Act, including without limitation, Section 9.103 of the Regulations promulgated thereunder, are incorporated by reference herein. The requirements of Section 9.103 of the Regulations are set forth in Bidding Documents. The Contractor and each of its Subcontractors shall keep accurate records showing the name, craft and the actual hourly rate of wage paid to each workman employed by him in connection with the Work, shall preserve such records for two years from the date of final payment under the Contract for Construction, and provide access to the Owner to such records upon reasonable request. The Contractor and each of its Subcontractors shall post the general prevailing minimum wage rates for each craft and classification involved, including the effective dates of any changes thereto, in prominent and easily accessible places at the site of the work, or at such place or places as are used by them to pay workmen their wages. Each week and prior to final payment, or at such additional times as the Owner may request, the Contractor and each of its Subcontractors shall file statements, in writing and verified by oath upon personal knowledge, in a form approved by the Pennsylvania Department of Labor and Industry, certifying that all workmen have been paid wages in strict conformity with all requirements of the Pennsylvania Prevailing Wage Act and all regulations of the Pennsylvania Department of Labor and Industry promulgated thereunder, or, if any amounts remain unpaid, to the amounts then due and owing to any and all workmen for wages due on account of the Work, setting forth therein the names of the persons whose wages are unpaid and the amount due to each respectively. Certified Payroll submissions must be complete up to the date of submission of an application for payment. Certified Payroll records must be submitted on Pennsylvania Department of Labor & Industry form LLC-25. Federal prevailing wage forms are not acceptable. 21.6 Pursuant to section 752 of the Public School Code of 1949 (24 P.S. §7-752), no person shall be employed to do work under the Contract for Construction except competent and first-class workmen. No workmen shall be regarded as competent and first-class except those who are duly skilled in their respective branches of labor, and who shall be paid not less than such rates of wages and for such hours’ work as required by paragraph 21.5. 21.7 Pursuant to section 753 of the Public School Code of 1949 (24 P.S. §7-753), the Owner establishes the prevailing wages required under paragraph 21.5 as the minimum wages which may be paid by the Contractor or his Subcontractors for the work performed by laborers and mechanics employed on the Contract for Construction; such laborers and mechanics shall be paid not less than those minimum wages. The Owner may withhold and deduct from any monies due the Contractor, for the use of the Owner, a penalty equal to twice the difference between the minimum wage contained in the specifications and the actual wage paid to each laborer and mechanic for each day during which he has been employed at a wage less than that required by this paragraph, whether the violation was by the Contractor or any of his Subcontractors. If the Contractor or Subcontractor subsequently pays to all laborers and mechanics the balance of the amounts due under this paragraph, the Owner shall pay to the Contractor the amount withheld as penalties. 21.8 Pursuant to section 755 of the Public School Code of 1949 (24 P.S. §7-755), the Contractor agrees: (1) That in the hiring of employees for the performance of work under the Contract for Construction, or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed or





color, discriminate against any citizen of the Commonwealth of Pennsylvania who is qualified and available to perform the work to which the employment relates; (2) That no contractor, subcontractor, nor any person on his behalf, shall in any manner discriminate against or intimidate any employee hired for the performance of work under the Contract for Construction on account of race, creed or color; (3) That there may be deducted from the amount payable to the Contractor under the Contract for Construction, a penalty of five dollars ($5) for each person for each calendar day during which such person was discriminated against or intimidated, in violation of the provisions of the Contract for Construction; and(4) That the Contract for Construction may be canceled or terminated by the Owner, and all monies due or to become due hereunder may be forfeited, for a second or subsequent violation of the terms or conditions of this portion of the Contract for Construction. 21.9 The Contractor shall comply with all requirements of the Act of June 2, 1915 (P.L. 736, No.338), known as the Pennsylvania Workmen’s Compensation Act (77 P.S. §1 et seq.) and with all requirements of the Act of December 5, 1936 (2nd Sp. Sess., 1937 P.L. 2897, No. 1), known as the Unemployment Compensation Law (43 P.S. §751 et seq), and shall file with the Owner proof that the Contractor has insured his liability as required under those Acts. 21.10 The Contractor shall comply with all the requirements of the Occupational Safety and Health Act of 1970, as amended, and all regulations promulgated thereunder. 21.11 The Contractor shall thoroughly acquaint himself and comply with the requirements of all federal and state statutes, rules and regulations dealing with the prevention of environmental pollution and the preservation of public natural resources that affect the Work under the Contract for Construction. The Contractor’s bid price shall conclusively be deemed to include all costs of complying with all such statutes, rules and regulations, including those listed on the attachment to the Instructions to Bidders. No additional compensation will be paid for such compliance. In the event any such statutes, rules or regulations are amended, or if new statutes, rules or regulations become effective, after the date of the bid opening, and such new or amended statutes, rules or regulations cause the Contractor to perform additional work, the Owner shall issue a change order setting forth the additional work that must be undertaken, which shall not invalidate the Contract for Construction. 21.12 The Contractor shall comply with all requirements of the Pennsylvania Clean Streams Act, found at 35 P.S. §691.1 et seq, as amended, and all regulations promulgated thereunder. Prior to any grading, the Contractor shall prepare an erosion control site plan and obtain Department of Environmental Resources Approval. The plan shall be maintained at the site, and shall indicate how the Contractor plans to control erosion caused by storm water and prevent silt and sedimentation being distributed off site. Control shall be provided by channels, dikes, sedimentation basis, protection of stockpiled or uncontrolled soil, or any other means necessary, all in accordance with the requirements of the Pennsylvania Department of Environmental Resources. 21.13 No cash allowances for any purpose are included in the specifications of this Project. 21.14 The Contractor, all Subcontractors, suppliers or others working for or on behalf of the Contractor shall place on file with the Owner the certification required by that section of the





Public School Code of 1949 found at P.S. §1-111, regarding background checks of prospective employees, for those employees who will be coming in direct contact with children on the premises of the Owner. In addition, the Contractor, all Subcontractors, suppliers or others working for or on behalf of the Contractor shall file with the Owner the certification required by the statute found at 23 Pa.C.S. §6354 et seq, regarding child abuse registry clearance. Both such certifications shall be on file prior to the employee working on the premises of the Owner. 21.15 The Contractor shall provide a performance bond and a labor and material payment bond, each in the amount of 100% of the contract price (sections 756 and 757 of the School Code and Public Works Contractors Bond Law of 1967). The form of the bonds, and additional requirements with respect to the sureties on the bonds, are set forth in the Instructions to Bidders. 21.16 The Owner, in accordance with the Pennsylvania Anti-Bid Rigging Act (73 P.S. §1611) hereby gives notice to all prospective Bidders that the Owner requires strict compliance with such Act. ARTICLE 22 - THE CONTRACTOR’S REMEDIES 22.1 If the Work is stopped for a period of one hundred twenty (120) consecutive days through no breach, neglect or fault of the Contractor, a Subcontractor or a Sub-subcontractor, including the Owner’s failure to make payments as required by the Contract Documents, the Contractor may declare a constructive termination for convenience and receive from the Owner the compensation to which the Contractor is entitled under paragraph 23.9. 22.2 If the Owner wrongfully terminates the Contract for Construction for cause, the termination shall be deemed to have been one for convenience under paragraph 23.7, and the Contractor shall receive from the Owner the compensation to which the Contractor is entitled under paragraph 23.9. 22.3 Pending final resolution of a claim, dispute or other matter in question (including mediation or arbitration, if any), unless otherwise mutually agreed in writing, the Contractor shall proceed diligently with performance of the Contract for Construction and the Owner shall continue to make payments of amounts not in dispute in accordance with the Contract Documents. 22.4 If the Contractor encounters concealed or unknown conditions below the surface of the ground or in the structure of existing buildings which are materially different from that described in the Contract Documents, the Contract Sum shall be adjusted for the reasonable increase in the cost of performance due to such difference. All claims under this paragraph must be made within ten (10) days after the Contractor first encounters the condition, or else the claims shall be deemed waived and released. ARTICLE 23 - THE OWNER’S REMEDIES 23.1 If the Contractor fails to perform or complete any Work, fails to correct Work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner may: (1) order the





Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; or (2) remedy such failures through its own forces or through others after 72 hours’ written notice of its intention to do so and the failure of the Contractor to remedy such failures within the 72 hours following such notice. The Owner’s exercise, or failure to exercise, its rights under this paragraph shall not prejudice its other rights and remedies, nor shall it give rise to any right, claim or defense by any other person, including a separate contractor, a Subcontractor, a surety, or any other person or entity. 23.2 If the Owner exercises its rights under paragraph 23.1(2), an appropriate Change Order or Construction Change Directive shall be issued deducting from payments then or thereafter due the Contractor all costs, expenses, losses and damages incurred by the Owner in remedying such failures, including, without limitation, attorneys' fees and expenses and compensation for the Design Professional's additional services, and expenses made necessary by such failures. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor and its Surety shall pay the difference to the Owner upon demand. 23.3 The rights and remedies stated in this Article 23 and elsewhere in the Contract Documents are cumulative, without prejudice to, and not in limitation of any rights and remedies of the Owner: (1) granted elsewhere in these General Conditions or the Contract Documents; (2) at law; or (3) in equity. 23.4 The Owner may terminate the Contract for Construction for cause if the Contractor:

23.4.1 refuses or fails to supply enough properly skilled workers or proper materials; fails to prosecute the Work with promptness and diligence; fails to perform the Work in accordance with the Project construction schedule or, in the absence thereof, the Contractor’s accepted construction schedule; or fails to complete the Work, or any portion thereof, within the time or times required by the Contract Documents;

23.4.2 persistently fails to perform the Work in accordance with the Contract Documents or to correct defects therein;

23.4.3 fails to make payment to Subcontractors for materials or labor (including fringe benefits and taxes) in accordance with the respective agreements between the Contractor and the Subcontractors;

23.4.4 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction;

23.4.5 persistently performs the Work, or otherwise acts, in a manner that interferes with the proper occupancy and operation of the premises as a public school facility;

23.4.6 fails to perform its obligations with respect to insurance, as provided in Article 17; or

23.4.7 fails to perform its obligations with respect to surety bonds, as provided in Article 17;





23.4.8 otherwise fails to perform its obligations under the terms and provisions of the Contract Documents.

23.5 When any of the reasons for termination for cause set forth in paragraph 23.4 exist, the Owner may, without prejudice to any other rights or remedies and after giving the Contractor and the Contractor's Surety seven (7) days' written notice, terminate the employment of the Contractor and may:

23.5.1 take possession of the site and of all materials, equipment, tools, and machinery thereon owned by the Contractor;

23.5.2 make arrangements with any Subcontractor(s) to complete their subcontract(s) for portions of the Work;

23.5.3 complete the Work by whatever method the Owner may deem expedient.

23.6 When the Owner terminates the Contract for Construction for one of the reasons stated in paragraph 23.4, the Contractor shall not be entitled to receive further payment until the Work is wholly completed to the satisfaction of the Owner. If the unpaid balance of the Contract Sum exceeds the costs and expenses of completing the Work, such excess shall be paid to the Contractor. If such costs and expenses exceed the unpaid balance, the Contractor and its Surety shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract for Construction. As used herein, "cost and expense" shall include, not only the cost of completing the Work to the satisfaction of Owner, and of furnishing all labor, materials and/or equipment therefor, but also all liability, loss, cost, expense and damages, including, without limitation, attorneys' fees and expenses and compensation for the Design Professional’s services and expenses, sustained, incurred or suffered by reason of or resulting from the Contractor’s default as described in paragraph 23.4, including the legal fees, costs and expenses of collecting through mediation, arbitration, litigation or otherwise the amount due from Contractor and its Surety. 23.7 The Owner, in its sole and complete discretion, may terminate the Contract for Construction for convenience or order the Contractor in writing to suspend the Work, in whole or in part, for such period of time as the Owner may determine, if the Owner finds that it is in its best interest to do so, with or without cause or justification, for any reason or for no reason. Without limiting the generality of the foregoing, the Owner may suspend the Work, in whole or in part, to obtain approvals from the Pennsylvania Department of Education or to hold public hearings or referenda required by Act 34 of 1973, 24 P. S. §7-701.1. 23.8 If the Owner suspends the Work under paragraph 23.7, the Contract Sum and the Contract Time shall be adjusted for the actual increase in the cost and time of performance caused by such suspension; provided, however, that no adjustment shall be made to the extent:

23.8.1 that performance is, was or would have been suspended, delayed or interrupted by another cause for which the Contractor is responsible; or





23.8.2 that an equitable adjustment is made or denied under another provision of the Contract Documents.

23.9 If Owner terminates the Contract for Construction for convenience pursuant to paragraph 23.7, the Owner shall reimburse the Contractor for Work performed as of the date of termination in accordance with the Contract Documents. The Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such papers, turn over all plans, documents and files of whatsoever nature requested by the Owner, and take all such steps, including the legal assignment of its contractual rights, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor. The Contractor warrants that it will enter into no subcontracts or other agreements that would adversely impact the Owner's rights or increase the Owner's obligations under this paragraph. In no event shall the Owner be liable to the Contractor for lost or anticipated profits or consequential damages, or for any amount in excess of the compensation due to the Contractor in accordance with the Contract Documents for the Work performed as of the date of termination. The warranty and indemnity obligations of the Contractor and Surety shall survive and continue, notwithstanding any termination pursuant to this paragraph, with respect to the Work performed as of the date of termination. 23.10 Without limiting any other right to indemnity under any other provision of the Contract Documents, the Contractor and its Surety agree to indemnify, hold harmless, protect and defend the Owner and the Owner’s directors, officers, employees, agents, representatives and any affiliated or related entities against any and all claims, loss, liability, damage, costs and expenses including reasonable attorneys’ fees, that are alleged to have occurred in whole or in part as a result of or due to the actions, errors or omissions of the Contractor, its Subcontractors, Sub-subcontractors, agents, employees or representatives, or as the result of or due to the Contractor’s breach of the Contract for Construction, regardless of whether or not such claim, loss, liability, damage, cost or expense is caused in part by a party indemnified hereunder. 23.11 The Owner shall have the right to withhold from any progress payment or from final payment any amount which the Owner deems necessary to protect the Owner from any claims or liabilities arising from the Contractor’s failure to comply with the Contract Documents or to compensate the Owner for any amount owed by the Contractor to the Owner under the Contract Documents, and to apply the amount so withheld in full or partial satisfaction of such claims, liabilities or amounts owed by the Contractor. If the Contractor does not notify the Owner within five (5) days after the Contractor has knowledge of the withholding and/or application of any such amount, the Contractor shall be deemed to have waived and released any objection to, or claim arising from, such withholding and/or application. ARTICLE 24 - CLAIM RESOLUTION 24.1 MEDIATION

24.1.1 If a dispute arises out of or relates to the Contract for Construction or the breach thereof, and has not been resolved through negotiation, then, at the Owner’s sole and exclusive option and upon written demand served by the Owner upon the Contractor, the parties agree first to try to resolve such dispute by mediation under the Construction





Industry Mediation Rules of the American Arbitration Association then in effect, before resorting to any other arbitration or judicial proceedings. Nothing contained in this paragraph is intended, or shall be construed, to entitle the Contractor (or any Design Professional) to demand mediation, it being understood and agreed that such determination shall be at the sole election of the Owner. 24.1.2 Unless otherwise mutually agreed in writing, the Contractor shall carry on with its duties and services under the Contract for Construction during any mediation proceedings, and the Owner shall continue to make payments to the Contractor in accordance with the Contract for Construction.

24.2 ARBITRATION

24.2.1 All claims, disputes and other matters in question between the Contractor and the Owner arising out of, or relating to, the Contract for Construction or the breach thereof shall, at the Owner’s sole and exclusive option, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The Owner’s election to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Nothing contained in this paragraph is intended, or shall be construed, to entitle the Contractor (or the Design Professional) to demand arbitration, it being understood and agreed that such determination shall be at the sole election of the Owner. 24.2.2 If the Owner elects arbitration, then Notice of the Demand for Arbitration shall be filed in writing with the Contractor and with the American Arbitration Association. 24.2.3 Unless otherwise mutually agreed in writing, the Contractor shall carry on with its duties and services under the Contract for Construction during any arbitration proceedings, and the Owner shall continue to make payments to the Contractor in accordance with the Contract for Construction. 24.2.4 If the Owner becomes a party to any arbitration with the: (a) Design Professional, whether as a claimant or respondent, which involves a common question of fact or law with any claim, dispute or other matter in question between the Owner and the Contractor arising out of or relating to the Contract for Construction or the breach thereof; or (b) one or more separate contractors, whether as claimant or respondent, which involves a common question of fact or law with any claim, dispute or other matter in question between the Owner and the Contractor arising out of or relating to the Contract for Construction or the breach thereof, then the Owner, if it elects to do so, may require: (1) the Contractor to arbitrate such claim, dispute or other matter in question in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in effect; (2) the Design Professional or the separate contractor(s), or all of them, to arbitrate such claim, dispute or other matter in question in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in effect; and (3) that all such claims be heard in a single arbitration proceeding or that any





separate arbitration proceedings involving such claims be consolidated. 24.3 THE OWNER’S ELECTION

24.3.1 The Owner may elect mediation at any time, regardless of whether arbitration or judicial proceedings have been commenced, and the Owner’s commencement of or participation in such arbitration or judicial proceedings shall not waive the Owner’s right to later elect mediation. 24.3.2 The Owner may elect arbitration at any time, regardless of whether the Owner has previously elected mediation or whether judicial proceedings have been commenced, and the Owner’s commencement of or participation in such mediation or judicial proceedings shall not waive the Owner’s right to later elect arbitration. 24.3.3 The Contractor may not commence any judicial proceedings against the Owner without first offering the Owner the opportunity to initially elect mediation or arbitration by notifying the Owner in writing of the nature of the dispute, the factual basis for its claims, and the amount or other relief claimed. If the Owner does not make its election within thirty (30) days after such notice, the Contractor may proceed to resolve such dispute through judicial proceedings. The Owner’s failure to elect mediation or arbitration within such thirty (30) day period shall not, however, waive the Owner’s right to later elect mediation or arbitration. The Owner may elect mediation and if no settlement is reached, thereafter elect arbitration or litigation. 24.3.4 Except as provided in paragraphs 24.3.1 through 24.3.3, in the absence of the Owner’s election for mediation or arbitration, the parties shall have the right to resolve their disputes under the Contract for Construction through judicial proceedings. Any and all Claims that the Owner does not elect to arbitrate shall be subject to the exclusive jurisdiction of the Montgomery County Court of Common Pleas. 24.3.5 The Owner shall have the right to elect mediation and/or arbitration with the Contractor’s Surety under the surety bonds to the same extent and in the same manner as the Owner’s right to so elect with the Contractor under this Article 24. The Surety shall be bound by the terms of this Article 24 with respect to any mediation or arbitration elected by the Owner under the surety bonds and shall assume toward the Owner all of the duties, obligations and responsibilities which the Contractor assumes toward the Owner under this Article 24 in the event of such an election. Any separate bond defenses or claims raised by the Surety may, at the Owner’s election, be made part of such mediation or arbitration.

24.4 COSTS

24.4.1 In the adjudication or other disposition of any claim, disputes and other matter in question between the Contractor and the Owner arising out of, or relating to, the Contract for Construction or the breach thereof, whether through arbitration, court proceeding or otherwise, in addition to any other relief awarded, the prevailing party shall be awarded its reasonable attorneys’ fees and costs incurred in connection with the claim. For purposes of this paragraph, the term “costs” includes, without limitation, filing fees, arbitrator fees and





expenses (if applicable), witness and subpoena fees, copying costs, messenger and delivery costs, transcript/stenographic costs and expert witness fees.

ARTICLE 25 - MISCELLANEOUS PROVISIONS 25.1 All questions relating to the Contract for Construction, including, but not limited to, questions of validity, effect, construction, interpretation, performance or breach, shall be determined in accordance with the laws of the Commonwealth of Pennsylvania. 25.2 The Contract for Construction binds the parties, and their respective successors, assigns and legal representatives. No assignment by one party of any right or duty under the Contract for Construction shall be effective unless the other party consents to the assignment in writing. 25.3 In executing the Contract for Construction, no party has relied upon any oral or written promises, representations, covenants of any other party, except as are expressly provided for herein. The Contract for Construction comprises the entire, integrated agreement of the parties. All previous negotiations, agreements or understandings between or among the parties to the Contract for Construction are merged in and superseded by the Contract for Construction, and all current negotiations, agreements or understandings between the parties to the Contract for Construction are expressly embodied in the Contract for Construction. The Contract for Construction may be amended only by a writing signed by both the Owner and the Contractor. 25.4 Except as expressly stated in paragraph 12.3, the parties to the Contract for Construction do not intend to confer upon any third party, including any of the Contractor’s Subcontractors, suppliers, vendors or materialmen, the rights of a third party beneficiary with respect to any promise or duty set forth in the Contract for Construction. Nothing stated in the Contract for Construction shall be deemed or construed to create or grant to any third party any right of action or enforceable right or claim against either the Owner or the Contractor. 25.5 The Owner considers all information concerning the Project to be confidential and proprietary. However, the Contractor shall have the right, upon prior written consent of the Owner, to include representations of the design of the Project, including photographs of the exterior and interior, among the Contractor’s promotional and professional materials. The Contractor’s materials shall not include the Owner’s confidential or proprietary information. The Owner shall provide credit for the Contractor on the construction sign and the promotional materials for the Project. 25.6 The Contractor agrees that oral and written communications by and between the Design Professional and counsel for the Owner or the Owner and its counsel regarding the Project are intended to be and shall constitute confidential communications (“Confidential Communications”). The Contractor agrees that it will not, by any informal or formal legal process or discovery device, seek the disclosure of any such Confidential Communications. If the Contractor takes any action in violation of the provisions of this section, the Contractor shall, in addition to any other relief that is afforded, reimburse the Owner for all reasonable costs and attorneys fees incurred. 25.7 Nothing in the Contract for Construction is intended to diminish or limit the duties and





responsibilities of any separate contractor or the Design Professional to the Owner under any separate agreement or the Contract Documents, which duties and responsibilities shall remain in full force and effect regardless of whether the Contractor has similar or identical duties and responsibilities to the Owner under the Contract Documents. 25.8 All time limits stated in these General Conditions or elsewhere in the Contract Documents are material, and of the essence of the Contract for Construction. 25.9 All notices and demands which may, or are required to be given to any of the parties hereto pursuant to the provisions of the Contract Documents shall be in writing and shall be deemed to have been properly given if and when delivered personally to the receiving party, or delivered for mailing by certified mail, postage prepaid, addressed to the receiving party at its last known business address, or given to an overnight courier service (such as Federal Express) for delivery to the receiving party at its last known business address. 25.10 No act or omission by the Owner or the Design Professional, or by anyone acting on behalf of either shall be deemed or construed as a waiver or limitation of any right or remedy under the Contract Documents, or as an admission, acceptance or approval with respect to any breach of the Contract for Construction or failure to comply with the Contract Documents by the Contractor, unless the Owner expressly agrees in writing. The Owner’s exercise, or failure to exercise, any rights, claims or remedies it may have arising out of or relating to the Contract Documents shall not release, prejudice or discharge the Owner’s other rights and remedies, nor shall it give rise to any right, claim, remedy or defense by any other person, including the Contractor, its Surety, any Subcontractor, or any other person or entity. 25.11 Whenever possible, each provision of the Contract Documents shall be interpreted in a manner as to be effective and valid under applicable law. If, however, any provision of the Contract Documents, or portion thereof, is prohibited by law or found invalid under any law, only such provision or portion thereof shall be ineffective, without in any manner invalidating or affecting the remaining provisions of the Contract Documents or valid portions of such provision, which are hereby deemed severable. 25.12 If any event occurs which the Contractor believes entitles it to damages or an increase in the Contract Sum, the Contractor shall provide written notice of its claim to the Owner and the Design Professional within ten (10) days of the occurrence, or else the claim shall be deemed released and waived by the Contractor. This paragraph shall not be deemed or construed to extend the time within notice must be given if another provision of these General Conditions or the Contract Documents requires an earlier notice. 25.13 In addition to any other obligations they may have under the Contract Documents, and not in limitation thereof, the Contractor and its Surety will be held accountable for any damages occurring to School District real property including, but not limited to, the utilities, driveways, sidewalks and curbs and turf grass areas thereof. If necessary, repairs will be made restoring areas to their original condition as approved by the Owner, without cost or charge to the Owner. Extreme care must be taken to avoid needless turf grass damages, particularly when the ground is soft.





25.16 Owner reserves the right to take photographs, digital images and video of the progress of the work and site activities for security and record keeping purposes, including continuous recording from fixed locations. END OF SECTION 00 7000

Page 1 October 18, 2012 April 4, 2016 Revised June 13, 2017 Revised January 19, 2018 Revised

REQUIREMENTS / INSTRUCTIONS FOR OBTAINING PHOTO IDENTIFICATION BADGES

A. REQUIRED

The following items are to be submitted electronically to the Lower MerionSchool District for each applicant to [email protected] OR [email protected] :

1. Construction Contractor Security Photo ID Badge Request2. FBI Criminal Record Check – Universal Enrollment ID (UE ID) # must be

included3. PA Criminal Record Check4. PDE 6004 Arrest / Conviction Report and Certification Form – 3/01/20165. Child Abuse History Clearance

B. INSTRUCTIONS

1. Construction Contractor Security Photo ID Badge Request form (attached):Fill out all the required information above the dashed line.

2. FBI Criminal Record Check: - (PENNSYLVANIA DEPARTMENT OFEDUCATION (PDE) - A FBI Criminal Record report is valid for five years fromthe date it was issued. The fingerprint-based background check is a multiple-step process, as follows:

Registration – the applicant must register prior to going to the fingerprint site.Walk in service is allowed but all applicants are required to complete pre-enrollment online at https://uenroll.identogo.com or by phone (1-844-321-2101).When registering online - Enter Code #1KG6XN (the Service Code for SchoolDistricts). Select “Schedule or Manage Appointment”. Follow the prompts (fillout Essential Info, Additional Info, Citizenship, Personal Questions, andFingerprint Locations. Registration is not complete until a location forfingerprinting is selected, including date/time).

GET Fingerprinted - Locations – After registration, the applicant proceeds tothe fingerprint site of their choice for fingerprinting. Fee is $22.60 (no cash orcheck transactions. Major credit cards are accepted. Money orders or cashier’schecks payable to Morpho Trust will be accepted on site for those applicantswho are required to pay individually). The location of the fingerprintsites/days/hours of operation for each site are posted on IDEMIA's websiteat https://uenroll.identogo.com. The location of fingerprint sites may change overtime; applicants are encouraged to confirm the site location nearest to theirlocation. PDE encourages entities where access to the fingerprint location ismore than 25 miles away to contact IDEMIA and suggest areas where anothercloser site could be established.

Attach the UE ID number to the Contractor ID Badge Request Form (asshown on the receipt provided after fingerprint capture).

APPENDIX TO GENERAL CONDITIONS



https://uenroll.identogo.com/

https://uenroll.identogo.com/


Note: IDEMIA has also established a payment option for fingerprinting services for entities interested in paying the applicant’s fee. This new option provides a payment ‘coupon’ that the entity will provide to each applicant for use. Each coupon is unique and may only be used one time. Account applications must be completed prior to the applicant visiting the fingerprint site. The authorized representative must complete the account application. To establish a billing account, visit the website https://www.identogo.com/locations/pennsylvania and download an application.

3. PA Criminal Record Check: – A PA Criminal Record Check report is valid forfive years from the date it was issued. Pennsylvania state reports may be obtainedfrom the following link: https://epatch.state.pa.us at a cost approximately $10.00.

A) A “No Record” report can be printed out and submitted as part of acomplete package.

B) “Record for Control” or “Request under Review for Control” results willdelay approval until the Pennsylvania State Police Criminal Response has beensent with details of criminal history. Do NOT submit UNTIL you get the criminalrecord report response back in the mail and review the list of violations.

Attach PA Criminal Record Check results to Photo ID Badge request.

4. PDE 6004 Arrest / Conviction Report and Certification Form – 3/01/2016(attached): Fill out the form and check the appropriate box. Date and sign theform.

Attach PDE 6004 to Photo ID Badge request.

5. Child Abuse History Clearance: – A Child Abuse History Clearance report isvalid for five years from the date it was issued.

Requests for clearance statements may be made online at https://www.compass.state.pa.us/CWIS at a cost of $10.

Alternatively, paper submission of the child abuse clearance application form (available at http://www.dhs.state.pa.us/cs/groups/webcontent/documents/form/s_001762.pdf) may be mailed to: ChildLine and Abuse Registry, Pennsylvania Department of Human Services, P.O. Box 8170, Harrisburg, PA 17105-8170. Child Abuse Forms sent to the above Post Office Box address may take up to 4 – 6 weeks for the clearance results to be received. Forms can be sent overnight mail to Commonwealth of Pennsylvania, Childline Verification Unit, 5 Magnolia Drive, Hillcrest Building 53, Harrisburg, PA 17110-2544, Attn: Tracey Isom. Forms that are sent overnight mail to this address may be processed in up to 2 – 5 business days.

Attach the Child Abuse History Clearance to Photo ID Badge request.

C. ADDITIONAL INFORMATION

https://www.identogo.com/locations/pennsylvania

https://epatch.state.pa.us/

https://www.compass.state.pa.us/CWIS

http://www.dhs.state.pa.us/cs/groups/webcontent/documents/form/s_001762.pdf


1. FBI Criminal Record Check: The Operations Department does not receive thereports. FBI report results are available to Lower Merion School District throughthe IDEMIA website approximately 48 hours after the applicant is fingerprinted.

2. PA Criminal Record Check: Review of violations, age and nature of theviolations precludes a person from working in or around schools.“Applicant Not Approved” for a photo ID Badge may appeal this decision bycontacting LMSD HR Department at 610-645-1953.

3. Clearances are valid for five years. Any clearance you may already have isvalid as long as it is dated within five years of when it is submitted to us.Updated clearances are required when the ID Badge expires and a renewal isrequested.

4. You will be notified of your approval status.

5. Photo ID (Driver License / Passport) MUST be presented when a PhotoIdentification Badge is issued.

Once your application has been approved, you will be contacted to schedule an appointment to receive a Photo ID Badge. ID Badges are issued at the Operations Department, 65 Rock Hill Road, 2nd Floor, Bala Cynwyd, PA 19004; 610-645-1980.

Lower Merion School District Construction Contractor Security Photo ID Badge Request Form

(Effective 12/1/08 – Revised 10/18/2012, 10/31/13, 5/9/2016, 2/7/17, 1/18/18)

Applicant Name: ____________________________________________________________________

Applicant Contact Information: Phone: __________________ Alternate Phone: _________________ (You may be contacted by the Director of Human Resources to obtain additional information about your criminal history)

Employer (Contractor): _______________________________________________________________

Project: ____________________________________________________________________________

FBI IdentoGo UE ID # _______________________________________________________ (you must be fingerprinted prior to submitting UE ID#)

PA State Police (Act 34) Background check attached

PDE – 6004 (3/01/2016) – Arrest/Conviction Report and Certification Form attached

Act 151 Child Abuse report attached

Explanation of Unresolved Charges (Provide an explanation on the reverse of this form of any criminal charges that may show on your record as unresolved. Failure to provide clarification of unresolved charges will delay approval of your security ID Badge request.)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Applicant approved for security Photo ID Badge Date: _________________________

Photo ID Badge Expiration Date: _________________

__________________________ Authorized District Administrator

Applicant Under Review Date: _________________________

Applicant NOT approved Date: ________________________

Applicant may appeal this decision by contacting LMSD Human Resource Dept. at 610-645-1953

__________________________

Authorized District Administrator

Explanation of Unresolved Charges / Disposition:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

1 of 3

PDE-6004 03/01/2016

ARREST/CONVICTION REPORT AND CERTIFICATION FORM (under Act 24 of 2011 and Act 82 of 2012)

Section 1. Personal Information

Full Legal Name:

Other names by

which you have

been identified:

Date of Birth: _____/_____/________

Section 2. Arrest or Conviction

By checking this box, I state that I have NOT been arrested for or convicted of any Reportable Offense.

By checking this box, I report that I have been arrested for or convicted of an offense or offenses enumerated under

24 P.S. §§1-111(e) or (f.1) (“Reportable Offense(s)”). See Page 3 of this Form for a list of Reportable Offenses.

Details of Arrests or Convictions

For each arrest for or conviction of any Reportable Offense, specify in the space below (or on

additional attachments if necessary) the offense for which you have been arrested or convicted, the

date and location of arrest and/or conviction, docket number, and the applicable court.

_______________________________________________________________________________

_______________________________________________________________________________

Section 3. Child Abuse

By checking this box, I state that I have NOT been named as a perpetrator of a founded report of child

abuse within the past five (5) years as defined by the Child Protective Services Law.

By checking this box, I report that I have been named as a perpetrator of a founded report of child abuse within the

past five (5) years as defined by the Child Protective Services Law.

Section 4. Certification

By signing this form, I certify under penalty of law that the statements made in this form are true, correct and complete. I

understand that false statements herein, including, without limitation, any failure to accurately report any arrest or conviction for a

Reportable Offense, shall subject me to criminal prosecution under 18 Pa.C.S. §4904, relating to unsworn falsification to

authorities.

Signature Date

2 of 3

PDE-6004 03/01/2016

INSTRUCTIONS

Pursuant to 24 P.S. §1-111(c.4) and (j), the Pennsylvania Department of Education developed this standardized form

(PDE-6004) to be used by current and prospective employees of public and private schools, intermediate units, and

area vocational-technical schools.

As required by subsection (c.4) and (j)(2) of 24 P.S. §1-111, this form shall be completed and submitted by all

current and prospective employees of said institutions to provide written reporting of any arrest or conviction for an

offense enumerated under 24 P.S. §§1-111(e) and (f.1) and to provide notification of having been named as a

perpetrator of a founded report of child abuse within the past five (5) years as defined by the Child Protective

Services Law.

As required by subsection (j)(4) of 24 P.S. §1-111, this form also shall be utilized by current and prospective

employees to provide written notice within seventy-two (72) hours after a subsequent arrest or conviction for an

offense enumerated under 24 P.S. §§1-111(e) or (f.1).

In accordance with 24 P.S. §1-111, employees completing this form are required to submit the form to the

administrator or other person responsible for employment decisions in a school entity. Please contact a supervisor

or the school entity administration office with any questions regarding the PDE 6004, including to whom the form

should be sent.

PROVIDE ALL INFORMATION REQUIRED BY THIS FORM LEGIBLY IN INK.

3 of 3

PDE-6004 03/01/2016

LIST OF REPORTABLE OFFENSES

A reportable offense enumerated under 24 P.S. §1-111(e) consists of any of the following:

(1) An offense under one or more of the following provisions of Title 18 of the Pennsylvania Consolidated

Statutes:

Chapter 25 (relating to criminal homicide)

Section 2702 (relating to aggravated assault)

Section 2709.1 (relating to stalking)

Section 2901 (relating to kidnapping)

Section 2902 (relating to unlawful restraint)

Section 2910 (relating to luring a child into a motor

vehicle or structure)

Section 3121 (relating to rape)

Section 3122.1 (relating to statutory sexual assault)

Section 3123 (relating to involuntary deviate sexual

intercourse)

Section 3124.1 (relating to sexual assault)

Section 3124.2 (relating to institutional sexual assault)

Section 3125( relating to aggravated indecent assault)

Section 3126 (relating to indecent assault)

Section 3127 (relating to indecent exposure)

Section 3129 (relating to sexual intercourse with animal)

Section 4302 (relating to incest)

Section 4303 (relating to concealing death of child)

(2) An offense designated as a felony under the act of April 14, 1972 (P.L. 233, No. 64), known as

“The Controlled Substance, Drug, Device and Cosmetic Act.”

(3) An offense SIMILAR IN NATURE to those crimes listed above in clauses (1) and (2) under the

laws or former laws of:

• the United States; or

• one of its territories or possessions; or

• another state; or

• the District of Columbia; or

• the Commonwealth of Puerto Rico; or

• a foreign nation; or

• under a former law of this Commonwealth.

A reportable offense enumerated under 24 P.S. §1-111(f.1) consists of any of the following:

(1) An offense graded as a felony offense of the first, second or third degree, other than one of the

offenses enumerated under 24 P.S. §1-111(e), if less than (10) ten years has elapsed from the date

of expiration of the sentence for the offense.

(2) An offense graded as a misdemeanor of the first degree, other than one of the offenses enumerated

under 24 P.S. §1-111(e), if less than (5) five years has elapsed from the date of expiration of the

sentence for the offense.

(3) An offense under 75 Pa.C.S. § 3802(a), (b), (c) or (d)(relating to driving under influence of

alcohol or controlled substance) graded as a misdemeanor of the first degree under 75 Pa.C.S. §

3803 (relating to grading), if the person has been previously convicted of such an offense and less

than (3) three years has elapsed from the date of expiration of the sentence for the most recent

offense.

Section 4304 (relating to endangering

welfare of children)

Section 4305 (relating to dealing in infant

children)

A felony offense under section 5902(b)

(relating to prostitution and related

offenses)

Section 5903(c) or (d) (relating to obscene

and other sexual materials and

performances)

Section 6301(a)(1) (relating to corruption

of minors)

Section 6312 (relating to sexual abuse of

children)

Section 6318 (relating to unlawful contact

with minor)

Section 6319 (relating to solicitation of

minors to traffic drugs)

Section 6320 (relating to sexual

exploitation of children)

SECTION 00 9000 – CONTRACT FOR CONSTRUCTION


Contract for Construction 00 9000


This Contract for Construction is made as of the _______day of _______ in the year of

Two Thousand and Eighteen (2018) between the LOWER MERION SCHOOL DISTRICT, 301 East Montgomery Avenue, Ardmore, Pennsylvania 19003 (“the Owner”) and ____________________________________________________________(“the Contractor”) for the project, or that portion thereof, as is described on Section 01 1000, Summary of Work in strict accordance with the Contract Documents.

In consideration of the mutual promises and covenants contained herein and with intent

to be legally bound hereby, the Owner and the Contractor agree as follows: PART 1- THE SCOPE OF WORK

1.1 The Contractor shall perform and furnish labor, services, materials, plant, equipment, tools, scaffolds, appliances and all other things required by or necessary for the construction of the Project, or that portion thereof, as is described on Section 01 1000 Summary of Work and described in and in strict accordance with the Contract Documents (“the Work”). An enumeration of the Contract Documents, other than Modifications, appears in Section 7. The Contract for Construction, including the other Contract Documents, which are incorporated by reference, represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral.

1.2 The Contractor accepts the relationship of trust and confidence established between it and the Owner by this Contract for Construction. The Contractor agrees to furnish its best skill and judgment and to cooperate with the Owner in furthering the interest of the Owner. The Contractor agrees to furnish efficient business administration and full-time superintendence, to furnish and pay for an adequate supply of workmen and materials and to perform the Work in the most expeditious and workmanlike manner consistent with the interest of the Owner. Nothing in this provision, nor elsewhere in the Contract Documents, shall be deemed or construed as making the Contractor the agent or servant of the Owner or as rendering the Owner liable for the acts and omissions of the Contractor.

PART 2- DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The Work to be performed under this Contract for Construction shall be

commenced immediately after receipt by the Contractor of written Notice to Proceed from the Owner, and unless extended by the Owner pursuant to the General Conditions, shall be substantially completed, in accordance with the definition of Substantial Completion in the General Conditions, no later than August 10, 2018. The Contractor shall fully and finally complete the Work, including all punch list work, in conformity with the Contract Documents in all respects, no later than twenty (20) calendar days after the date of Substantial Completion, unless such time is extended by the Owner pursuant to the General Conditions. In addition, the Contractor shall progress, perform, complete and coordinate its Work so that its Work and any Work of the Owner or any separate contractors shall be sufficiently complete to meet any interim milestone completion dates





set forth in Section 00 9400, Milestone Dates.

2.2 Time is of the essence to the Contract Documents and all obligations imposed upon the Contractor thereunder.

PART 3- CONTRACT SUM

3.1 The Owner shall pay the Contractor for the performance of the Contract for Construction, subject to additions and deductions as provided by the General Conditions, the lump sum price of; $ __________________________________________ FOR BASE BID The Contractor agrees that the Contract Sum is all inclusive, is a firm cost that no escalation is contemplated or allowable, for any reason whatsoever, and the Contractor agrees to make no such claim for any reason.

3.2 The Contract Sum includes all federal, state, county, municipal and other taxes upon labor, services, materials, equipment or other items acquired, performed, furnished or used for or in connection with the Work, including but not limited to sales, use and personal property taxes payable or levied or assessed against the Owner or the Contractor. If the law requires any such taxes to be stated and charged separately, the total price of all items included in the Work plus the amount of such taxes shall not exceed the above stated lump sum price.

PART 4- PROGRESS PAYMENTS

4.1 The Contract Sum shall be due and payable in the form of monthly progress and a final payment in accordance with the General Conditions. The Contractor shall submit its application for a progress payment by the twentieth (20th) day of each month for the period ending with the last day of that month, and the progress payment, in the amount certified by the Design Professional in accordance with the provisions of the General Conditions, shall be due by the thirtieth (30th) day of the month following the date of the application. If an application for a progress payment is received after the twentieth (20th) day of a month, payment shall be made by the Owner not later than forty (40) days after the Design Professional receives the application for payment. 4.2 Each such progress payment estimate shall also show the amount of all previous payments to the Contractor and the amount of current retainage, and shall include evidence satisfactory to the Owner that the Contractor has paid all persons supplying labor, materials or services in connection with the Work. Failure of the Owner to request such evidence will not be deemed a waiver of this requirement, and such evidence may be required at any time even though it was not requested at the time of any particular payment. Production of such evidence shall, when requested, be an absolute condition precedent to payment. The Owner shall have the right to make payment of said unpaid





amounts and/or said claims and deduct the amounts thereof out of the next payments which may become due to the Contractor.

4.3 Each Application for Payment shall be accompanied by a Certification and Waiver of Claims and Liens in the form as shown in Section 00 9100, duly executed by the Contractor.

4.4 Except as otherwise provided in the Contract Documents, the amount of each progress payment shall be determined by:

A. Multiplying the percentage of completion, as determined by the Design

Professional, of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent (10%);

B. Subtracting all previous payments made by the Owner; and

C. Subtracting amounts, if any, for which the Design Professional has

withheld or nullified a Certificate for Payment as provided in the General Conditions.

4.5 Retainage, as described above, shall be reduced as follows: when the Work is fifty percent (50%) completed, one half of the amount previously retained by the Owner shall be paid to the Contractor provided that: (a) such release of retainage is approved by the Design Professional; (b) the Contractor is making satisfactory progress and there is no specific cause for greater withholding; and (c) the Contractors surety provides written consent to such release of retainage on a form reasonably satisfactory to the Owner. Retainage on amounts thereafter earned by the Contractor shall be withheld at a rate of five percent (5%), until completion of the Work and final payment. The provisions of this Section shall not prevent the Owner from exercising any other rights, claims and/ or remedies it may have to withhold payment under the Contract Documents or applicable law, including, without limitation, the provisions of 62 Pa.C.S.A. §3921(a).

PART 5- FINAL PAYMENT

5.1 The Design Professional shall make a final inspection of the Work within thirty (30) days of receipt of the Contractors request for final inspection and final Application for Payment.

5.2 If the Design Professional determines that the Work is substantially completed, the Design Professional shall issue a certificate of Substantial Completion and a final certificate for payment. The Design Professional’s certificate for final payment shall be accompanied by a final punchlist of items to be completed or corrected setting forth the Design Professional’s estimate of the amount required to complete or correct each such item in accordance with the General Conditions.

5.3 Within forty five (45) days of the date of the Design Professional’s certificate





described above, the Owner shall pay the entire unpaid balance of the Contract Sum, less one and one-half (1/2) times the amount required to complete or correct each uncompleted item of Work as set forth in the Design Professional’s certificate described above, and provided all of the following conditions are satisfied: (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in the General Conditions; (2) a final Certificate for Payment has been issued by the Design Professional; (3) the Owner has received a Certificate of Occupancy from all authorities with jurisdiction over the Project; (4) the Owner has received the close-out and all other documents identified in the General Conditions, including operations/maintenance manuals for all systems and equipment and training of personnel as required by the Contract Documents; (5) the Owner has received a record set of as-built drawings; (6) the Owner has received all executed warranties and/or guaranties as required by the Contract Documents; (7) the Contractor has executed and submitted a Final Certification and Waiver of Claims and Liens in the form as shown in Section 00 9100, and (8) the Contractor’s surety provides written consent to such payment on a form reasonably satisfactory to the Owner.

5.4 When the items of uncompleted Work identified in the Design Professional’s certificate have been fully completed, the Owner shall promptly pay all withheld amounts to the Contractor, provided the other conditions referred to in Section 5.3 above have been satisfied.

5.5 The provisions of this Section shall not prevent the Owner from exercising any other rights, claims and/or remedies it may have to withhold payment under the Contract Documents or applicable law, including, without limitation, the provisions of 62 Pa.C.S.A. §3921(a).

PART 6- MISCELLANEOUS PROVISIONS

6.1 The Contractor represents and warrants the following to the Owner (in addition to any other representations and warranties contained in the Contract Documents) as an inducement to the Owner to execute the Contract for Construction, which representations and warranties shall survive the execution and delivery of the Contract for Construction, any termination of the Contract for Construction, the final completion of the Work, and final payment:

A. that the Contractor and its Subcontractors are financially solvent, able to

pay all debts as they mature and possessed of sufficient working capital to complete the Work and perform all obligations hereunder;

B. that the Contractor is able to furnish the plant, tools, materials,

supplies, equipment and labor required to complete the Work and perform its obligations hereunder;

C. that the Contractor is authorized to do business in the

Commonwealth of Pennsylvania and properly licensed by all necessary governmental, public and quasi-public authorities having





jurisdiction over it and over the Work and the Project;

D. that the Contractor's execution of this Agreement and its performance thereof is within its duly authorized powers;

E. that the Contractor possesses a high level of experience and

expertise in the business administration, construction, construction management and superintendence of projects of the size, complexity and nature of this particular Project, and that it will perform the Work with the care, skill and diligence of such a contractor.

The foregoing warranties are in addition to, and not in lieu of, any and all other liability imposed upon the Contractor by law with respect to the Contractor's duties, obligations and performance hereunder. The Contractor acknowledges that the Owner is relying upon the Contractor's skill and experience in connection with the Work called for hereunder. 6.2 This Agreement shall inure to the benefit of, and shall be binding upon, the Owner and the Contractor and, as appropriate, their respective predecessors, successors and assigns. 6.3 Capitalized terms not otherwise defined in this Contract for Construction are defined in the General Conditions. 6.4 This Contract for Construction may be amended or modified only by a Modification.

6.5 Nothing in this Contract for Construction or any other Construction Document shall be deemed or construed to make any Subcontractor, Sub-subcontractor or other person supplying labor, materials or services a third party beneficiary of this Contract for Construction or to create any duty or obligation on the part of the Owner toward any or all such Subcontractors, Sub-subcontractor or other persons.

PART 7- ENUMERATION OF CONTRACT DOCUMENTS

7.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows:

B. Notice to Bidders;

C. Instructions to Bidders, and all exhibits thereto;

D. Contractor’s Bid Proposal dated________________.

E. This Contract for Construction;

F. The General Conditions of the Contract for Construction; Supplemental Conditions;

G. The Project Manual and Specifications,





dated April 1, 2018 as prepared by the Design Professional and Owner

H. The Drawings as more fully identified on the list attached hereto.

CS Cover Sheet and Material Specifications R - 1 Elevations and Task Notes R – 2 Plan & Elevation Details and Task Notes

I. Addendum No. _ dated ____________. Addendum No. _ dated ____________. Addendum No. _ dated ____________. Addendum No. _ dated ____________. Addendum No. _ dated ____________.

7.2 The Contractor has carefully studied the Contract Documents and agrees to be bound to the Owner by the terms thereof.

THIS CONTRACT FOR CONSTRUCTION is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Design Professional for use in the administration of the Contract, and the remainder to the Owner.





-------(If Contractor is a Sole Proprietorship)----------

CONTRACTOR: Witness: _______________ _________________________________


Name: ___________________________


_________________________________ (Trade Name)

_________________________________

_________________________________ (Address of Business)

Social Security Number: _________________________________

----------(If Contractor is a Partnership)----------

CONTRACTOR:


Witness: _______________ BY: _____________________________

Name: ___________________________


_________________________________

_________________________________ (Address of Partnership)






----------(If Contractor is a Corporation)----------

CONTRACTOR:



Name: __________________________ (AFFIX SEAL) Title: President

_________________________________

_________________________________ (Address of Corporation)

Federal Identification Number: _______________________________

OWNER:

LOWER MERION SCHOOL DISTRICT BY: ____________________________ Name: __________________________ (AFFIX SEAL) Title: Secretary, Board of School Directors


SECTION 00 9100 - CERTIFICATION AND WAIVER OF CLAIMS AND LIENS


Certification and Waiver of Claims and Liens 00 9100


Contractor: ______________________________ Project: __________________________________

__________________________________ Application for Payment For Period Ending: ________________

The Contractor certifies that, upon receipt of the amount certified by the Design Profes-sional or, if applicable, the Owner’s Representative, as due in connection with the application for a progress payment submitted with this Certification and Waiver of Claims and Liens, the Con-tractor has received payment in full for or on account of all amounts due under the Contract for Construction with the Lower Merion School District (“the Owner”) for the Project referenced above through the end of the period covered by the application for payment, including any amounts due for extra or additional work, change orders, damages, delays, claims of any kind, or any other increase to the Contract Sum. In consideration of prior payments received and receipt of this payment, the Contractor hereby waives, releases and forever discharges the Owner from any and all obligations and liabilities arising under or on account of the Contract for Construction and the Project, or either of them, through the end of the period covered by the application for payment, including any obligations or liabilities for extra or additional work, change orders, damages, delays, interest, penalties for late payment, attorney’s fees, claims of any kind, or any other increase to the Contract Sum, and hereby expressly waives and relinquishes the right to have, file or maintain any mechanic's liens or claims against the Project, the building(s), the im-provement, the land covered thereby and the lot or curtilage appurtenant thereto (“the Premises”).

The Contractor certifies that all charges for labor, materials, services and every other na-ture in connection with the Contract for Construction for Work performed through the period covered by previous applications for payment have been paid in full, and that there remains no amount due, or claimed to be due, to any subcontractor, vendor, or individual furnishing labor or material in connection with such Work, with the exception of the following:

The Contractor hereby further declares and agrees that in the event that any lien or other claim should be brought against Owner, or the Project or Premises, the Contractor will protect the Owner and defend any suit or action brought against the Owner by reason of any lien or other form of claim or action arising out of the Contract for Construction and hold the Owner harmless and indemnified therefrom.

SECTION 00 9100 - CERTIFICATION AND WAIVER OF CLAIMS AND LIENS


Certification and Waiver of Claims and Liens 00 9100


Signed and sealed by the Contractor this day of ______________ , 20___.

CONTRACTOR

By: ________________________________ Name:________________________________ Title:_________________________________

CORPORATE SEAL

ACKNOWLEDGMENT AND AFFIDAVIT STATE OF :

: ss. COUNTY OF :

Be it remembered, that on this day of , 20___, before me appeared , who, being duly sworn according to law, did depose and say that he/she is the of the contractor described in and which executed the foregoing Certification and Waiver of Claims and Liens; he/she signed, sealed and delivered same as the voluntary act and deed of con-tractor for the uses and purposes therein expressed; and that the facts set forth therein are true and correct to the best of his/her knowledge, information and belief. Sworn to and Subscribed before me this day of , 20___. Notary Public My Commission expires:

SECTION 00 9200 - FINAL CERTIFICATION AND WAIVER OF CLAIMS AND LIENS


Final Certification and Waiver of Claims and Liens 00 9200


Contractor: ______________________________ Project: __________________________________

__________________________________ Submitted With the Contractors Application for Final Payment

The Contractor certifies that, upon receipt of the amount certified by the Design Profes-sional or, if applicable, the Owner’s Representative, as due in connection with the application for final payment submitted with this Final Certification and Waiver of Claims and Liens, the Con-tractor has received payment in full for or on account of all amounts due under the Contract for Construction with the Lower Merion School District (“the Owner”) for the Project referenced above (as more fully described in “01 1000 Summary of Work) of the Contract for Construction), including any amounts due for extra or additional work, change orders, damages, delays, claims of any kind, or any other increase to the Contract Sum. In consideration of prior payments re-ceived and receipt of this payment, the Contractor hereby waives, releases and forever discharges the Owner from any and all obligations and liabilities arising under or on account of the Contract for Construction and the Project, or either of them, including any obligations or liabilities for ex-tra or additional work, change orders, damages, delays, interest, penalties for late payment, attor-ney’s fees, claims of any kind, or any other increase to the Contract Sum, and hereby expressly waives and relinquishes the right to have, file or maintain any mechanic's liens or claims against the Project, the building(s), the improvement, the land covered thereby and the lot or curtilage appurtenant thereto (the “Premises”).

The Contractor certifies that all charges for labor, materials, services and every other na-ture in connection with the Contract for Construction for Work performed through the period covered by previous applications for payment have been paid in full, and that there remains no amount due, or claimed to be due, to any subcontractor, vendor, or individual furnishing labor or material in connection with such Work, with the exception of the following:

The Contractor hereby further declares and agrees that in the event that any lien or other

claim should be brought against Owner, or the Project or Premises, the Contractor will protect the Owner and defend any suit or action brought against the Owner by reason of any lien or other form of claim or action arising out of the Contract for Construction and hold the Owner harmless and indemnified therefrom.

SECTION 00 9200 - FINAL CERTIFICATION AND WAIVER OF CLAIMS AND LIENS


Final Certification and Waiver of Claims and Liens 00 9200


Signed and sealed by the Contractor this day of ______________ , 20___. CONTRACTOR

By: Name:________________________________ Title:_________________________________

CORPORATE SEAL

ACKNOWLEDGMENT AND AFFIDAVIT STATE OF :

: ss. COUNTY OF :

Be it remembered, that on this day of , 20___, before me appeared, who, being duly sworn according to law, did depose and say that he/she is the of the contractor described in and which executed the foregoing Final Certification and Waiver of Claims and Liens; he/she signed, sealed and delivered same as the voluntary act and deed of con-tractor for the uses and purposes therein expressed; and that the facts set forth therein are true and correct to the best of his/her knowledge, information and belief. Sworn to and Subscribed before me this day of , 20___. Notary Public My Commission expires: Contractor: ______________________________ Project: __________________________________

REGULATIONSFOR

PENNSYLVANIAPREVAILING WAGE ACT

COMMONWEALTH OF PENNSYLVANIADEPARTMENT OF LABOR AND INDUSTRYBUREAU OF LABOR LAW COMPLIANCE

1997 EDITION

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Section 00 9300 - Regulations for Pennsylvania Prevailing Wage Act

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Subchapter E. PREVAILING REGULATIONS

Sec.9.101. Purpose and scope.

9.102. Definitions.

9.103. Required provisions.

9.104. Duty of the public body.

9.105. Determination of classification and general prevailing minimum wage rates.

9.106. Payment of general prevailing minimum wage rates.

9.107. Petition for review of rates and hearing.

9.108. Posting of wage rates.

9.109. Records and inspection.

9.110. Certification of rate of wage and payment by contractor or subcontractor.

9.111. Remedies and penalties.

9.112. Workmen's rights.

Authority

The provisions of this Subchapter E issued under act of August 15, 1961 (P.L. 987) (43 P.S. § 165-14),unless otherwise noted.

Source

The provisions of this Subchapter E adopted May 23, 1975, 5 Pa.B. 1347, unless otherwise noted.

Notes of Decisions

The Secretary of Labor and Industry's definition of workers as "electricians" on a public works project,and therefore subjecting their employer to payment of the wages not paid in violation of the PennsylvaniaPrevailing Wage Act (43 P.S. §§ 165-1 — 165-17) would not be disturbed as the determination was neithererroneous nor inconsistent with the statute. Henkels & McCoy, Inc. v. Department of Labor and Industry,598 A.2d 1065 (Pa. Cmwlth. 1991).

§ 9.101. Purpose and scope.

(a) Every contract to which the Commonwealth, its political subdivisions, an authority created bythe General Assembly of the Commonwealth including authorities created under the Municipality Authori-ties Act of 1945 (53 P. S. §§ 301–401) and instrumentalities or agencies of the Commonwealth is a party,for construction, reconstruction, demolition, alteration or repair work other than maintenance work wherethe estimated cost of the total project is in excess of $25,000, which requires or involves the employment bya contractor or subcontractor of laborers, mechanics, skilled and semi-skilled laborers and apprentices inthe performance of services directly upon the public work project shall include in its specifications a provi-sion stating the general prevailing minimum wage rates as determined by the Secretary which shall be paidfor each craft or classification of workmen needed to perform the contract during the anticipated termthereof in the locality in which the public work is performed.

(b) Every person paid by a contractor or a subcontractor in any manner for his labor in the construc-tion, reconstruction, demolition, alteration or repair work other than maintenance work done under contractand paid for in whole or in part out of the funds of a public body except work performed under a rehabili-tation program or manpower training programs is "employed" and "receiving wages."

(c) These regulations do not apply to a public works contracts subject to the Walsh-Healey Act (41U.S.C.A. §§ 35–45) or section 1 of the Davis-Bacon Act (40 U.S.C.A. § 276(a)).

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(d) Work performed under a rehabilitation program arranged by and at a State institution primarilyfor teaching and up-grading the skills and employment opportunities of the inmates of the institution is notto be considered public work performed by a public body as defined in the act and this Subchapter.

Notes of Decisions

The court declared the Pennsylvania Prevailing Wage Act (Act) (43 P. S. §§ 165-1–165-17) and itsaccompanying regulations invalid and unenforceable because they were preempted by ERISA where theAct related to ERISA plans regarding fringe benefits. Keystone Chapter, Assoc. Builders and Contractors,Ind. v. Foley, 837 F.Supp. 654 (M. D. PA. 1993).

§ 9.102. Definitions.

The following words and terms, when used in this subchapter, have the following meanings, unless thecontext clearly indicates otherwise:

Act–The Pennsylvania Prevailing Wage Act (43 P. S. §§ 165-1–165-17).

Apprentice–A person employed and working under a bona fide apprenticeship program, directlyrelated to the particular craft involved in the construction industry and registered with an approved bythe Pennsylvania Apprenticeship and Training Council and whose training and employment are in fullcompliance with the provisions of The Apprenticeship and Training Act (43 P. S. §§ 90.1–90.10),approved July 14, 1961.

Authorized deduction–Those deductions which are authorized by the Wage Payment and Collec-tion Law (43 P. S. §§ 260.1–260.45), approved July 14, 1961 and the Regulations of the Department ofLabor and Industry issued pursuant thereto.

Bona fide collective bargaining agreement–The agreement negotiated between the historicallyestablished and recognized bargaining representatives for the employers and of the workmen for theparticular crafts or classifications involved providing for applicable wage rates, hours of work, work-ing conditions and contributions for employe benefits as defined in "contributions for employe ben-efits" in this section.

Classification–Specific categories of jobs which are performed within a "craft" as defined in thissection. The term includes those specific categories of jobs which are performed by a "workman," asdefined in section 2(7) of the act (43 P. S. § 165-2(17)) and this section, and "apprentice," as defined inthis section.

Contributions for employe benefits–"Fringe benefits" paid or to be paid, including payment madewhether directly or indirectly, to the workmen for sick, disability, death, other than Workmen’s Com-pensation, medical, surgical, hospital, vacation, travel expense, retirement and pension benefits.

Craft–Special skills and trades which are recognized as such by custom and usage in the buildingand construction industry.

Department–The Department of Labor and Industry of the Commonwealth.

General prevailing minimum wage rates, prevailing wage rates, minimum wage rates and wagerates–Rates as determined by the Secretary, as payable in the locality in which the public work is to beperformed, for the respective crafts and classifications, including the amount of contributions for em-ploye benefits as required by the act.

Locality–A political subdivision, or combination of the same, within the county in which thepublic work is to be performed. When no workmen for which a prevailing minimum wage is to bedetermined hereunder are employed in the locality, the locality may be extended to include adjoining

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political subdivisions where the workmen are employed in those crafts or trades for which there are noworkmen employed in the locality as otherwise herein defined.

Maintenance work–The repair of existing facilities when the size, type or extent of the facilitiesis not thereby changed or increased.

Public body–The Commonwealth of Pennsylvania, its political subdivisions, authorities createdby the General Assembly of the Commonwealth and instrumentalities or agencies of the Common-wealth.

Public work–Construction, reconstruction, demolition, alteration or repair work other than main-tenance work, done under contract and paid for in whole or in part out of the funds of a public bodywhere the estimated cost of the total project is in excess of $25,000. The term does not include workperformed under a rehabilitation or manpower training program.

Secretary–The Secretary of Labor and Industry or his authorized deputy or representative.

Workman–Includes laborer, mechanic, skilled and semiskilled laborer and apprentices employedby a contractor or subcontractor and engaged in the performance of services directly upon the publicwork project, regardless of whether their work becomes a component part thereof. The term does notinclude material suppliers or their employes who do not perform services at the job site.

Notes of Decisions

Preemption

The union fund correctly argued that its suit under the Public Works Contractors’ Bond Law (8 P. S.§ 191 et seq.) was not preempted by Employee Retirement and Income Security Act (ERISA), 29 U.S.C.A.§ 1001 et seq., because the Bond Law made no reference to ERISA plans and was not related to employeebenefit plans or the enforcement of those plans. Thus, the Union Fund’s cause of action against the bondinsuring company can survive the company’s motion for summary judgment. Carpenters v. National UnionFire Insurance of Pittsburgh, 686 A.2d 1373 (Pa. Cmwlth. 1996).

Cross References

This section cited in 34 Pa. Code § 9.105 (relating to determination of classification and general pre-vailing minimum wage rates).

§ 9.103. Required provisions.

The specifications for every contract for a public work as defined herein shall contain at least thefollowing conditions, provisions and requirements:

(1) The general prevailing minimum wage rates including contributions for employe benefitsas determined by the Secretary which shall be paid to the workmen employed in the performance of thecontract. The contract shall specifically provide that the contractor shall pay at least the wage rates asdetermined in the decision of the Secretary of Labor and Industry and shall comply with the conditionsof the act approved August 15, 1961, and the regulations issued thereto, to assure the full and properpayment of the rates.

(2) The contract shall contain the stipulation that workmen shall be paid at least the generalprevailing minimum wage rates and other provisions to assure payment thereof as set forth in thissection.

(3) The contract provisions apply to work performed on the contract by the contractor and towork performed on the contract by subcontractors.

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(4) The contractor shall insert in each of his subcontracts the stipulations contained in theserequired provisions and other stipulations as may be required.

(5) The contract shall provide that no workmen may be employed on the public work except inaccordance with the classifications in the decision of the Secretary. If additional or different classifica-tions are necessary the procedure in § 9.107 (relating to petition for review of rates and hearings) shallbe followed.

(6) The contract shall provide that workmen employed or working on the public work shall bepaid unconditionally, regardless of whether a contractual relationship exists or the nature of a contrac-tual relationship which may be alleged to exist between a contractor, subcontractor and workmen, atleast once a week, without deduction or rebate, on any account, either directly or indirectly exceptauthorized deductions, the full amounts due at the time of payment, computed at the rates applicable tothe time worked in the appropriate classification. Nothing in the contract, the act or this title prohibitsthe payment of more than the general prevailing minimum wage rates as determined by the Secretary toa workman on public work.

(7) The contract shall provide that the contractor and each subcontractor shall post for theentire period of construction the wage determination decisions of the Secretary, including the effectivedate of changes thereof, in a prominent and easily accessible place or places at the site of the work andat the places used by them to pay workmen their wages. The posted notice of wage rates shall containthe following information:

(i) The name of project.

(ii) The name of the public body for which it is being constructed.

(iii) The crafts and classifications of workmen listed in the Secretary’s general prevailingminimum wage rate determination for the particular project.

(iv) The general prevailing minimum wage rates determined for each craft and classifi-cation and the effective date of changes.

(v) A statement advising workmen that if they have been paid less than the generalprevailing minimum wage rate for their job classification or that the contractor or subcontractorare not complying with the act or this title, they may file a protest in writing with the Secretarywithin 3 months of the date of the occurrence, objecting to the payment to a contractor to theextent of the amount due or to become due to them as wages for work performed on the publicwork project. A workmen paid less than the rate specified in the contract shall have a civil right ofaction for the difference between the wage paid and the wages stipulated in the contract, which rightof action shall be exercised within 6 months from the occurrence of the event creating the right.

(8) The contract shall provide that the contractor and subcontractors shall keep an accuraterecord showing the name, craft or classification, number of hours worked per day and the actual hourlyrate of wage paid, including employe benefits, to each workman employed by him in connection withthe public work. The record shall include deductions from each workman. The record shall be pre-served for 2 years from the date of payment and shall be open at reasonable hours to the inspection ofthe public body awarding the contract and to the Secretary or his authorized representatives.

(9) The contract shall provide that apprentices shall be limited to numbers in accordance witha bona fide apprenticeship program registered with and approved by The Pennsylvania Apprenticeshipand Training Council and only apprentices whose training and employment are in full compliance withThe Apprenticeship and Training Act (43 P. S. §§ 90.1–90.10), approved July 14, 1961, and the regula-tions issued thereto shall be employed on the public work project. A workman using the tools of a craftwho does not qualify as an apprentice within this subsection shall be paid the rate predetermined forjourneymen in that particular craft or classification.

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(10) Wages shall be paid without deductions except authorized deductions. Employers not par-ties to a contract requiring contributions for employe benefits which the Secretary has determined to beincluded in the general prevailing minimum wage rate shall pay the monetary equivalent thereof di-rectly to the workmen.

(11) Payment of compensation to workmen for work performed on public work on a lump sumbasis, or a piece work system, or a price certain for the completion of a certain amount of work, or theproduction of a certain result shall be deemed a violation of the act and this subchapter, regardless ofthe average hourly earnings resulting therefrom.

(12) The contract shall also provide that each contractor and each subcontractor shall file astatement each week and a final statement at the conclusion of the work on the contract with the con-tracting agency, under oath, and in form satisfactory to the Secretary, certifying that workmen havebeen paid wages in strict conformity with the provisions of the contract as prescribed by this section orif wages remain unpaid to set forth the amount of wages due and owing to each workman respectively.

(13) The provisions of the act and this subchapter shall be incorporated by reference in thecontract.

Cross References

This section cited in 34 Pa. Code § 9.108 (relating to posting of wage rates); and 34 Pa. Code § 9.110(relating to certification of rate of wage and payment by contractor or subcontractor).

§ 9.104. Duty of the public body.

(a) It is the duty of the public body awarding a contract for public work to request the Secretary fordetermination of the general prevailing minimum wage rates to be paid workmen on the public work project.The request shall be made on forms issued for the purpose by the Department. A new request for predeter-mination shall be made if the contract is not awarded within 120 days from the determination date.

(b) It is the duty of the public body to enforce the posting of wage rate determinations in accordancewith the provisions of section 9 of the act (43 P. S. § 165-9) and § 9.108 (relating to posting of wage rates).The fiscal officer of the public body, the treasurer or other officer of the public body, charged with thecustody and disbursement of the funds of the public body, shall ascertain that the wage rates as determinedby the Secretary are paid and that the job classifications are maintained, otherwise it is his duty to hold upfinal payment and to inform the Secretary of the failure by the contractor or a subcontractor to comply withthe act.

Notes of Decisions

Time Limitations

Although the borough awarded the company the contract more than 120 days after the determination of theprevailing minimum wage and although the borough never made a new request for a predetermination, thecompany waived its right to protest the predetermination by failing to adhere to the 120 day time period.Linde Enter., Inc. v. Prevailing Wage Appeals Board, 676 A.2d 310 (Pa. Cmwlth. 1996).

§ 9.105. Determination of classification and general prevailing minimum wage rates.

(a) For the purpose of making a determination of the general prevailing minimum wage rates in thelocality in which the public work is to be performed for each craft or classification during the anticipatedterm of the contract, the Secretary may ascertain and consider the wage rates and employe benefits estab-lished by collective bargaining agreements.

(b) If a bona fide collective bargaining agreement has expired by the terms thereof, the Secretary

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may ascertain and consider the wage rates and employe benefits established thereby until a new bona fidecollective bargaining agreement, as defined in § 9.102 (relating to definitions), has been executed.

(c) The Secretary may also consider the following:

(1) Information obtained from Federal agencies charged with the administration of labor stan-dards provisions of Federal acts applicable to contracts covering contractors and subcontractors onpublic building and public work and on building and work financed in whole or in part by loans andgrants of the United States, within the locality.

(2) The number of skilled, competent and experienced workmen within the locality who aregenerally available for employment on public work.

(3) Statements signed and certified by contractors and subcontractors and union representa-tives showing wage rates paid on projects, within the locality. These statements to be relevant to a wagedetermination shall indicate the names and addresses of the contractors, including the subcontractors,the locations, approximate cost, dates of construction and type of projects, the number of workmenemployed and the number of man hours worked in each craft or classification on each project and therespective wage rates paid the workmen, which wage rates shall consist only of rates paid for servicesperformed solely within the classification for which it is submitted.

(4) Other information pertinent to the determination of prevailing minimum wage rates.

(d) The Secretary will conduct a continuing program for obtaining and compiling of wage rate infor-mation and shall encourage the voluntary submission of wage rate data by contractors, contractors’ asso-ciations, labor organizations, public officials and other interested parties, reflecting wage rates paid toworkmen in the various types of construction in the locality. Rates shall be determined for varying types ofprojects within the entire range of work performed by the building and construction industry. Informationsubmitted shall reflect not only the specified wage rate or rates paid to a particular craft in the locality butalso the type or types of construction on which the wage rate or rates have been paid. If the Secretary deemsthat the data at hand is insufficient to make a determination with respect to the crafts or classificationsnecessary to perform the proposed public work, he may have a field survey conducted by his staff represen-tative for the purpose of obtaining additional information upon which to make a determination of the wagerates, and also the customs, usages and practices as to the type of work to which the wage rates apply andthe size of available force of qualified workmen within the locality in which the public work is to beperformed.

Notes of Decisions

Granting authority to the Secretary to consider fringe benefits determined by collective bargainingwhen he is making prevailing wage determinations is not an unconstitutional denial of equal protection tononunion contractors and employes, since he is not required to make his determination solely on the basisof rates in collective bargaining. Keystone Chapter of Associated Builders and Contractors, Inc. v. Depart-ment of Labor and Industry, 414 A.2d 1129 (Pa. Cmwlth. 1980).

If the parties introduce exhibits which in some way do not comply with the standards of 34 Pa. Code §9.105(c)(3), the Secretary may give more weight to evidence which includes fringe benefits and projects ofevery nature and which clearly demonstrates prevailing wage rates for the year in question rather to evi-dence which does not include fringe benefits, excludes public works projects and some major private projects,and lumps together wage rates from previous years to establish current wage rates. Keystone Chapter ofAssociated Builders and Contractors, Inc. v. Department of Labor and Industry, 414 A.2d 1129 (Pa. Cmwlth.1980).

§ 9.106. Payment of general prevailing minimum wage rates.

(a) Not less than the general prevailing minimum wage rates determined by the Secretary under the

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Typewritten Text

act and this subchapter may be paid unconditionally, by contractors and subcontractors to workmen in theirrespective crafts and classifications on public work and the workmen can not be required to refund, directlyor indirectly, part of the wages. It is no defense that workmen accepted or agreed to accept less than therequired rate of wages or voluntarily made refunds, in any form or manner.

(b) Wages shall be paid without deductions except authorized deductions. Employers not parties to acontract requiring contributions for employe benefits which the Secretary has determined to be included inthe general prevailing minimum wage rate shall pay the monetary equivalent thereof directly to the workmen.

(c) Payment of compensation to workmen for work performed on public work on a lump sum basisor a piece work system or a price certain for the completion of certain amount of work or the production ofa certain result shall be deemed a violation of the act and this subchapter, regardless of the average hourlyearnings resulting therefrom.

§ 9.107. Petition for review of rates and hearings.

(a) A prospective bidder or his representative, a representative of a group of employers engaged inthe particular type of construction, reconstruction, demolition, alteration or repair work, a representative ofa craft or classification of workmen or the public body affected by the determination made by the Secretary,may on verified petition request a review of this determination in accordance with the procedures requiredby section 8 of the act (43 P. S. § 165-8).

(b) The Secretary will, after notice and hearing as prescribed by section 8 of the act, make a finaldetermination of the general prevailing minimum wage rates to be paid to workmen on the public workproject. The public body when notified by the Secretary that a verified petition has been filed shall extendthe closing date for the submission of bids until 5 days after the Secretary’s final determination. Within 10days after hearing the Secretary will make a determination and transmit it in writing to the public body andto the interested parties. This determination shall be final unless within 10 days an appeal is filed with theAppeals Board.

(c) If, after a contract has been awarded, it is deemed advisable by the public body because ofunforeseen construction development to list an additional classification and wage rate therefor the publicbody shall request, in writing, a determination thereof by the Secretary. A copy of this request shall begiven to interested parties and shall also be posted at an appropriate place at the site of the public workproject. The Secretary will thereupon give consideration to the request and if he determines that the addi-tional classification requested is necessary, he will determine the classification and wage rate therefor andnotify the interested parties of his determination, which shall be effective as of the date on which it is made.Additional classifications shall be made in conformity with this procedure.

Cross References

This section cited in 34 Pa. Code § 9.103 (relating to required provisions).

§ 9.108. Posting of wage rates.

The contractors and subcontractors on the public work project shall post a notice or notices in themanner and form prescribed by § 9.103 (relating to required provisions). This notice is to be clearly legibleand placed in a prominent and easily accessible place at the site of the public work project and at placesused by them to pay workmen their wages.

Cross References

This section cited in 34 Pa. Code § 9.104 (relating to duty of the public body).

§ 9.109. Records and inspection.

The accurate record of employment and wage payments required to be kept and preserved by contrac-

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tors and subcontractors on public work shall include at least the following information:

(1) The name, address and social security number of each workman.

(2) The craft, if applicable, the classification within each craft, and any other classificationincluding apprenticeship, at which the workman worked. These records shall show the number of hoursin each day, specified by actual calendar date, during which each workman worked and if he worked inmore than one craft or classification for which different rates were payable the records shall show thenumber of hours in each day as aforesaid in which he worked at the different crafts or classifications.Time cards of employes shall be kept and preserved as records required by the act and this subchapter.In addition, the original signed indentures for each apprentice and the approvals of the PennsylvaniaApprenticeship and Training Council shall be kept. The records shall be preserved for 2 years from dateof payment and shall be open at all reasonable hours for inspection by the public body awarding thecontract and by the Secretary, and shall be made easily accessible within this Commonwealth within aperiod of 7 days from the date on which the Secretary requests in writing that these records be made soavailable.

§ 9.110. Certification of rate of wage and payment by contractor or subcontractor.

(a) It is the duty of the treasurer or other officer charged with the custody and disbursement of publicfunds applicable to the public work contract under and pursuant to which payment is made, to require thecontractor and subcontractor to file a statement each week and a final statement at the conclusion of thework on the contract with the contracting agency under oath in form satisfactory to the Secretary certifyingthat workmen have been paid wages in strict conformity with the contract as prescribed by § 9.103(7)(relating to required provisions) or if wages remain unpaid to set forth the amount of wages due and owingto each workman respectively.

(b) It is the duty of the treasurer or other officer charged with the custody and disbursement of publicfunds to withhold the amount of wages unpaid or not paid in accordance with § 9.103 for the benefit of theworkman whose wages have not been paid by the contractor and he may pay directly to a workman theamount shown to be due him. Each contractor and subcontractor shall also certify that he is not receiving orrequiring, or will not receive or require, directly or indirectly, from a workman a refund of the minimumwage.

(c) A contractor or subcontractor who shall, under oath, verify the statements required to be filedunder section 10 of the act (43 P. S. § 165-10) which are known to him to be false, shall be guilty of amisdemeanor, and shall, upon conviction, be sentenced to pay a fine of not exceeding $2,500 or to undergoimprisonment not exceeding 5 years, or both.

§ 9.111. Remedies and penalties.

(a) It is the duty of the Secretary where a timely protest has been filed by a workman that he has beenpaid less than the general prevailing minimum wage rate, to investigate the matter and determine whetheror not there has been a failure to pay the general prevailing minimum wage rate and whether this failure wasintentional or otherwise. The Secretary will hold appropriate hearings upon due notice to interested partiesincluding the workman, the employer and their respective representatives, if any. If the Secretary, afterhearing, has determined that the failure to pay the general prevailing minimum wage rate was not inten-tional he shall afford the person or firm a reasonable opportunity to adjust the matter by making payment tothe workmen or providing adequate security to insure payment. If the Secretary determines that the failureto pay the general prevailing minimum wage rates intentional, he will thereupon notify the public bodies ofthe names of the persons or firms and no contract may be awarded to the person or firms or to a firm,corporation or partnership in which the person or firms have an interest until 3 years have elapsed from thedate of the notice to the public bodies. The Secretary may, in addition thereto, request the Attorney Generalto proceed to recover the penalties for the Commonwealth of Pennsylvania which are payable under section11(f) of the act (43 P. S. 16511(f).

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(b) The following constitutes substantial evidence of intentional failure to pay prevailing wage rates:

(1) Acts of omission or commission done willfully or with a knowing disregard of the rights ofworkmen resulting in the payment of less than prevailing wage rates.

(2) If the Secretary has made a finding that a person or firm has failed to pay the generalprevailing minimum wage rate as determined by the Secretary in accordance with the act, and thereaf-ter a person or firm continues to fail to pay the prevailing wages or a person or firm fails to comply withan opportunity to adjust differences which shall be afforded him by the Secretary.

(c) If the Secretary has determined that a person or firm has failed to pay the prevailing wages undersection 11(e) and (f) of the act (43 P. S. § 165(e) and 165(f)), he may direct the public body to terminate, andthe public body may terminate, the contractor’s right to proceed with the public work.

Notes of Decisions

Statute of Limitations

There is no language in this regulation which provides for a statute of limitations applicable to theDepartment of Labor and Industry’s initiation of enforcement actions for underpayment of workers. LindeEnter., Inc. v. Prevailing Wage Appeals Board, 676 A.2d 310 (Pa. Cmwlth. 1996).

§ 9.112. Workmen’s rights.

(a) A workman who has been paid less than the general prevailing minimum wage rate for his jobclassification as specified in the contract or who has not been paid, may file a protest, in writing with theSecretary within 3 months of the date of the occurrence, objecting to the payment to a contractor to theextent of the amount due or to become due to him as wages for work performed on the public work project.If the formal protest is filed with the Secretary, it is the duty of the Secretary to direct the fiscal or financialofficer of the public body or the person charged with the custody of the disbursement of the funds of thepublic body, to deduct the money so due and owing from the whole amount or of any payment due thecontractor.

(b) Any workmen paid less than the rates specified in the contract shall have a right of action for thedifference between the wage paid and the wages stipulated in the contract, which right of action must beexercised within 6 months from the occurrence of the event creating the right.

Notes of Decisions

Statute of Limitations

There is no language in this regulation which provides for a statute of limitations applicable to theDepartment of Labor and Industry’s initiation of enforcement actions for underpayment of workers. LindeEnter., Inc. v. Prevailing Wage Appeals Board, 676 A.2d 310 (Pa. Cmwlth. 1996).

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Milestone Dates 00 9400


SECTION 00 9400- MILESTONE DATES

Milestone Date

Start of Work

June 25, 2018

Substantial Completion of Masonry Work July 27, 2018

Substantial Completion of Metal Coping & Wall Panels

August 3, 2018

Substantial Completion August 10, 2018

SECTION 01 0600 – REGULATORY REQUIREMENTS AND STANDARDS


Regulatory Requirements and Standards 01 0600


PART 1 – GENERAL

1.01 Conditions of the Contract

A. The Contract Requirements as provided by the Owner; and, the General Requirements as

stated in Division 1 of these Specifications shall govern the Work of this Section.

1.02 Codes

A. Work under the Contract for Construction shall be performed and completed in

accordance with applicable codes, ordinances, amendments, laws, regulations, rules and

restrictions of any person or entity having lawful jurisdiction of the Work.

B. Should a difference between applicable codes, specifications, utility company regulations

and the Contract Documents arise, the most stringent shall govern. The Contractor shall

promptly notify the Architect in writing of any such difference. Should the Contractor or

his sub-contractors perform any work that does not comply with the requirements of the

applicable codes and the utility company regulations, they shall bear all costs associated

with correcting these deficiencies.

1.03 Standard and Publications

A. Standards and publications incorporated into these Contract Drawings and Specifications

by reference shall be those of the latest issue at the time of receipt of Bids, unless

otherwise specified. It shall be understood that the Contractor and his subcontractors,

and the manufacturers, producers and suppliers of materials and equipment required and

agents have an understanding of and access to such codes, standards and publications.

B. Where materials or workmanship are specified in these Contract Documents by

specifically named standard, it is the responsibility of the Contractor’s and their sub-

contractors to provide materials and workmanship, which meet or exceed the specifically

named code or standard.

C. For products specified by association or trade standards, comply with requirements of the

standards, except when more rigid requirements are specified or are required by

applicable codes.

SECTION 01 0600 – REGULATORY REQUIREMENTS AND STANDARDS


Regulatory Requirements and Standards 01 0600


D. The Architect reserves the right to reject items incorporated into the Work which fail to

meet the specified minimum requirements. The Architect, on behalf of the Owner,

further reserves the right, and without prejudice to other recourse the Owner may take, to

accept non-complying items subject to an adjustment in the Contract Amount.

1.04 Certification of Conformance

A. It shall be the Contractor’s responsibility, when so required by the Contract Documents

or by written request from the Architect, to deliver to the Architect all required proof that

the materials or workmanship, or both, meet or exceed the requirements of the

specifically named code or standard. Such proof shall be in the form requested in writing

by the Architect, and generally will be required to be copies of a certified report of tests

conducted by a testing agency approved for that purpose by the Architect.

PART 2 – PRODUCTS

N/A

PART 3 – EXECUTION

N/A

END OF SECTION

SECTION 01 1000 – SUMMARY OF WORK


Summary of Work 01 1000


PART 1 – GENERAL

1.1 SUMMARY

A. This Section includes the following:

1. Work covered by the Contract Documents. 2. Sequence of Work 3. Use of premises. 4. Submittals. 5. Work Restrictions. 6. Specification formats and conventions.

B. Deleted.

1.2 WORK COVERED BY THE CONTRACT DOCUMENTS

A. Project Identification: Reconstruct Masonry Parapet – Bala Cynwyd Middle School

1. Project Location: Lower Merion Township, Montgomery County,

PA.

B. Owner: Lower Merion School District

1. Owner:

Gary Musial Maintenance Coordinator Lower Merion School District 301 E. Montgomery Avenue Ardmore, PA 19003

C. Deleted.

D. The Work consists of but not limited to the following:

1. Base Bid: a. Repairs/Replacement of masonry work. b. Repairs/Replacement of miscellaneous metal flashing. c. Replacement of limestone headers d. Caulking





1.3 SEQUENCE OF WORK

A. Work shall be performed in the following sequence.

B. Base Bid Work

1. Field verification of all existing dimensions. 2. Demolish work as indicated. 3. Replace limestone headers 4. Reconstruct masonry parapet 5. Install metal flashing 6. Install caulking.

C. Alternate Bid Work:

N/A

1.4 Not Used. 1.5 USE OF PREMISES

A. Use of Site: Limit use to premises. Do not disturb portions of Project site

beyond areas in which the Work is indicated on Drawings.

1. Driveways and Entrances: Keep driveways and entrances serving premises clear and available to Owner at all times. Do not use these areas for parking or storage of materials.

a. Schedule deliveries to minimize space and time

requirements for storage of materials and equipment on- site.

b. Clean areas around construction entrances, driveways and intersections at the end of each working day.

B. Use of Existing Improvements: Maintain existing improvements

throughout construction period. Repair damage caused by construction operations.

B. Coordination: School will be having limited summer activities. Work must

be coordinated with designated district staff.





1.6 SUBMITTALS

A. Contractor shall be required to submit a detailed safety plan outlining steps taken to ensure conformance with OSHA 29CFR and all other applicable Federal, State and Local Safety Regulations. In the event of conflicting statutes, the Contractor shall conform to the most stringent standard.

1.7 WORK RESTRICTIONS

A. Smoking Restriction: Refer to Terms and Conditions Section 1.26.

B. Refer to the Terms and Conditions and Legal Requirements for additional

requirements and restrictions. 1.8 SPECIFICATION FORMATS AND CONVENTIONS

A. Specification Format: The Specifications are organized into Divisions and

Sections using the 2004 division format and CSI/CSC's "MasterFormat" numbering system.

1. Division 01: Sections in Division 01 govern the execution of the

Work of all Sections in the Specifications.

B. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows:

1. Abbreviated Language: Language used in the Specifications and

other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense requires. Singular words shall be interpreted as plural and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates.

2. Imperative mood and streamlined language are generally used in

the Specifications. Requirements expressed in the imperative mood are to be performed by Contractor. Occasionally, the indicative or subjunctive mood may be used in the Section Text for clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by others when so noted. a. The words "shall," "shall be," or "shall comply

with," depending on the context, are implied where a colon (:) is used within a sentence or phrase.





PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)


SECTION 01 3000– SUBMITTALS


Submittals 01 3000


PART 1 – GENERAL

1.01 Scope of Work

A. The Contractor shall provide and review all submittals required by the technical sections

of these specifications, or as required to provide a basis of documentation for the Work

under Contract.

B. The Contract Requirements as provided by the Owner; and, the General Requirements as


1.02 Quality Assurance

A. Prior to each submittal, each contractor shall verify that each item and related submittal

conform in all respects to the requirements of the Contract Documents. By affixing his

signature to each submittal, the contractor shall certify that such verification has been

performed.

B. The Contractor will carefully review and coordinate each item being submitted and verify

that each item and submittal conforms with the constructability requirements of the

Contract Documents. By affixing the Contractor’s signature to each submittal, he shall

certify that this coordination has been performed.

C. Make all Shop Drawings accurately to a scale sufficiently large to show all pertinent

aspects of the item and its method of connection to the work.

D. The Architect’s drawings shall not be used as shop drawings.

PART 2 – PRODUCTS

2.01 Shop Drawings, Brochures, Product Data, Samples and Installation Instructions

A. The Contractor is referred to the General Conditions and any Supplementary Conditions

regarding Shop Drawings, product data and samples and shall be governed accordingly.

Refer to specific technical sections of the Specifications and be governed accordingly to

determine which submittals are required.

B. Any submittal not bearing the Contractor’s stamp of review and signature will be

returned to the Contractor with no action taken by the Architect.



Submittals 01 3000


C. When prints are submitted as Shop Drawings, the Contractor shall submit not less than

five [5] prints for the Architect’s review and distribution. The Architect will return not

less than three [3] direct prints for the Contractor’s distribution.

D. For installation instructions, product data, brochures and color charts, the Contractor shall

submit not less than five [5)] copies for the Architect’s review and distribution. The

Architect will return not less than three [3] for the Contractor’s distribution. Color charts

shall be manufacturers’ original color charts. Photographically reproduced copies will

not be acceptable.

E. Where called for in the Specifications, the Contractor shall submit three [3] samples for

review by the Architect. Samples shall be properly identified on the back as to the brand,

gauge, finish, etc., and shall have the name of the Project, the Contractor, the date of

submission, and pertinent Section of the Specification.

F. Submittals will be returned to the Contractor by the Architect after his review for further

distribution. If the Contractor requires more than the previously indicated quantity of

submittals bearing stamps, the submittal should be increased by that number of

documents.

G. The Contractor shall maintain a copy of all submittals for inclusion in the close-out

documents.

H. If agreed to prior to commencing the Submittal Process by the Owner and Architect,

submissions of non-color-specific literature may be made electronically by the Contractor;

will be reviewed by the Architect and Engineer; and, will be returned to the Contractor

electronically.


3.01 Identification of Submittals

A. Accompany each submittal with a letter of transmittal containing all pertinent

information required for identification and checking of submittals.

B. When material is resubmitted for any reason, transmit under a new letter of transmittal.



Submittals 01 3000


3.02 Coordination of Submittals

A. Prior to submittal, use all means necessary to fully coordinate all material including, but

not necessarily limited to:

1. Determine and verify all interface conditions, catalog numbers, and similar data.

2. Coordinate with other trades as required.

3. Clearly indicate all deviations from requirements of the Contract Documents.

B. Make submittals in groups containing associated items to ensure that information is

available for checking each item when it is received. Partial submittals may be rejected

as not complying with the provisions of the Contract Documents.

C. Submit shop drawings and color samples in a coordinate group to allow Architect to

make color selections of all related materials at one time.

3.03 Timing of Submittals

A. Make submittals far enough in advance of schedule dates for installation to provide time

required for reviews, for securing necessary approvals, for possible revisions and

resubmittals, and for placing orders and securing delivery.

3.04 Architect’s Review

A. Review by the Architect shall not be construed as a complete check. Review shall not

relieve the Contractor and his contractors at any tier from responsibility for errors that

may exist.

1. Review is for general conformance with the design concept of the Project, and

general conformance with the information given in the Contract Documents.

2. Corrections or comments made on any submittal during the Architect’s review do not

relieve the Contractor, or any contractor at any tier, from compliance with the

requirements of the Contract Documents.

3. Acceptance of a specific item by the Architect shall not include acceptance of an

assembly of which the item is a component.



Submittals 01 3000


4. The Contractor and sub-contractors shall be responsible for dimensions to be

confirmed and correlated at the jobsite; for information that pertains solely to the

fabrication process or means, methods, techniques, sequences, and procedures of

construction; for coordination of the Work with that of the various contractors; and,

for performing all work in a safe, satisfactory manner.

B. Make all revisions required by the Architect. If the Contractor considers any required

revision to be a change, he shall so notify the Architect. Show each drawing revision by

number, date, and subject in a revision block on the drawing. Make only those revisions

directed or approved by the Architect and Owner.

C. When a submittal has been reviewed by the Architect, resubmittal for substitution of

materials or equipment will not be considered unless accompanied by an acceptable

explanation as to why the substitution is necessary.

D. Pursuant to the Architect’s review of the submission, he will stamp the submission,

indicating the level of review or rejection and further action required, with the following

verbage:

“This review is only for general conformance with the design concept of the Project and general compliance with the information given in the Contract Documents. Corrections or comments made on the Shop Drawings during this review do not relieve the contractor from compliance with the requirements of the plans and specifications. Approval of a specific item shall not include approval of an assembly of which the item is a component. Contractor is responsible for: dimensions to be confirmed and correlated at the jobsite; information that pertains solely to the fabrication process or to the means, methods, techniques, sequences and procedures of construction; coordination of his or her work with that of all other trades; and, for performing all work in a safe and satisfactory manner.”

END OF SECTION

SECTION 01 3300 - SUBMITTAL PROCEDURES


Submittal Procedures 01 3300


PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals. B. DELETED. C. DELETED. D. DELETED. E. DELETED. 1.2 DEFINITIONS A. Action Submittals: Written and graphic information that requires Engineer's responsive action. B. Informational Submittals: Written information that does not require Engineer's responsive action. Submittals may be rejected for not complying with requirements. C. Local Business: shall mean a person, firm, corporation or other business entity which is duly licensed and authorized to engage in the particular business at issue, and which has maintained a permanent place of business with full time employees within Montgomery, Chester or Delaware Counties. 1.3 SUBMITTAL PROCEDURES A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. Engineer reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received.





B. Submittals Schedule: Comply with requirements in Division 01 Section "Construction Progress Documentation" for list of submittals and time requirements for scheduled performance of related construction activities. C. Processing Time: Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Engineer's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals. 1. Initial Review: Allow 14 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Engineer will advise Contractor when a submittal being processed must be delayed for coordination. 2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. 3. Resubmittal Review: Allow 14 days for review of each resubmittal. D. Identification: Place a permanent label or title block on each submittal for identification. 1. Indicate name of firm or entity that prepared each submittal on label or title block. 2. Provide a space approximately 6 by 8 inches (150 by 200 mm) on label or beside title block to record Contractor's review and approval markings and action taken by Engineer. 3. Include the following information on label for processing and recording action taken: a. Project name. b. Date. c. Name and address of Engineer. d. Name and address of Contractor. e. Name and address of subcontractor. f. Name and address of supplier. g. Name of manufacturer. h. Submittal number or other unique identifier, including revision identifier. 1) Submittal number shall use Specification Section number followed by a decimal point and then a sequential number (e.g., 061000.01). Resubmittals





shall include an alphabetic suffix after another decimal point (e.g., 061000.01.A). i. Number and title of appropriate Specification Section. j. Drawing number and detail references, as appropriate. k. Location(s) where product is to be installed, as appropriate. l. Other necessary identification. E. Deviations: Highlight, encircle, or otherwise specifically identify deviations from the Contract Documents on submittals. F. Additional Copies: Unless additional copies are required for final submittal, and unless Engineer observes noncompliance with provisions in the Contract Documents, initial submittal may serve as final submittal. 1. Additional copies submitted for maintenance manuals will not be marked with action taken and will be returned. G. Transmittal: Package each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Engineer will return submittals, without review, received from sources other than Contractor. 1. Transmittal Form: Use AIA Document G810. H. Resubmittals: Make resubmittals in same form and number of copies as initial submittal. 1. Note date and content of previous submittal. 2. Note date and content of revision in label or title block and clearly indicate extent of revision. 3. Resubmit submittals until they are marked “REVIEWED." I. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, and installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. J. Use for Construction: Use only final submittals with mark indicating “REVIEWED." taken by Engineer. PART 2 – PRODUCTS 2.1 ACTION SUBMITTALS A. General: Prepare and submit Action Submittals required by individual Specification Sections.





B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer's written recommendations. b. Manufacturer's product specifications. c. Manufacturer's installation instructions. d. Manufacturer's catalog cuts. e. Wiring diagrams showing factory-installed wiring. f. Printed performance curves. g. Operational range diagrams. h. Compliance with specified referenced standards. i. Testing by recognized testing agency. 4. Number of Copies: Submit three copies of Product Data, unless otherwise indicated. Engineer will return two copies. Mark up and retain one returned copy as a Project Record Document. C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data, unless submittal of Engineer's CAD Drawings is otherwise permitted. 1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. Dimensions. b. Identification of products. c. Fabrication and installation drawings. d. Roughing-in and setting diagrams. e. Wiring diagrams showing field-installed wiring, including power, signal, and control wiring. f. Shopwork manufacturing instructions. g. Templates and patterns. h. Schedules. i. Notation of coordination requirements. j. Notation of dimensions established by field measurement. k. Relationship to adjoining construction clearly indicated. l. Seal and signature of professional engineer if specified.





m. Wiring Diagrams: Differentiate between manufacturer- installed and field-installed wiring. 2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches (215 by 280 mm) but no larger than 30 by 40 inches (750 by 1000 mm). 3. Number of Copies: Submit two opaque (bond) copies of each submittal. Engineer will return one copy. D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed. 1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package. 2. Identification: Attach label on unexposed side of Samples that includes the following: a. Generic description of Sample. b. Product name and name of manufacturer. c. Sample source. d. Number and title of appropriate Specification Section. 3. Disposition: Maintain sets of approved Samples at Project site, available for quality control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. 4. Samples for Initial Selection: Submit manufacturer's color charts consisting of units or sections of units showing the full range of colors, textures, and patterns available. a. Number of Samples: Submit one full set(s) of available choices where color, pattern, texture, or similar characteristics are required to be selected from manufacturer's product line. Engineer will return submittal with options selected. 5. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples include, but are





not limited to, the following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection. a. Number of Samples: Submit three sets of Samples. Engineer will retain two Sample sets; remainder will be returned. Mark up and retain one returned Sample set as a Project Record Sample. E. Product Schedule or List: As required in individual Specification Sections, prepare a written summary indicating types of products required for the Work and their intended location. 1. Number of Copies: Submit three copies of product schedule or list, unless otherwise indicated. Engineer will return two copies. F. Submittals Schedule: Comply with requirements specified in Division 01 Section"Construction Progress Documentation." G. Application for Payment: Comply with requirements specified in Division 01 Section "Payment Procedures." H. Schedule of Values: Comply with requirements specified in Division 01 Section "Payment Procedures." I. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Use CSI Form 1.5A. 1. Number of Copies: Submit three copies of subcontractor list, unless otherwise indicated. Engineer will return two copies. 2.2 INFORMATIONAL SUBMITTALS A. General: Prepare and submit Informational Submittals required by other Specification Sections. 1. Number of Copies: Submit two copies of each submittal, unless otherwise indicated. Engineer will not return copies. 2. Certificates and Certifications: Provide a notarized statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity.





3. Test and Inspection Reports: Comply with requirements specified in Division 01 Section "Quality Requirements." B. LOCAL PREFERENCE 1. General: In purchasing materials Contractor is encouraged to use Local Businesses to the extent practical. 2. For each element of construction Contractor shall provide, as a single submittal a list of Local Businesses from which competitive bids or proprietary items may be obtained. Provide the following information: a. Business Name. b. Business Address. C. Coordination Drawings: Comply with requirements specified in Division 01 Section "Project Management and Coordination." D. Contractor's Construction Schedule: Comply with requirements specified in Division 01 Section "Construction Progress Documentation." E. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, names and addresses of Engineers and owners, and other information specified. F. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of Welding Procedure Specification (WPS) and Procedure Qualification Record (PQR) on AWS forms. Include names of firms and personnel certified. G. Installer Certificates: Prepare written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project. H. Manufacturer Certificates: Prepare written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required. I. Product Certificates: Prepare written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents.





J. Material Certificates: Prepare written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents. K. Material Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents. L. Product Test Reports: Prepare written reports indicating current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. M. Research/Evaluation Reports: Prepare written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. N. Preconstruction Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents. O. Compatibility Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion. P. Field Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents. Q. Maintenance Data: Prepare written and graphic instructions and procedures for operation and normal maintenance of products and equipment. Comply with requirements specified in Division 01 Section "Operation and Maintenance Data." R. Design Data: Prepare written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other





performance and design criteria and a summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers. S. Manufacturer's Instructions: Prepare written or published information that documents manufacturer's recommendations, guidelines, and procedures for installing or operating a product or equipment. Include name of product and name, address, and telephone number of manufacturer. T. Manufacturer's Field Reports: Prepare written information documenting factory-authorized service representative's tests and inspections. Include the following, as applicable: 1. Statement on condition of substrates and their acceptability for installation of product. 2. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. 3. Results of operational and other tests and a statement of whether observed performance complies with requirements. U. Insurance Certificates and Bonds: Prepare written information indicating current status of insurance or bonding coverage. Include name of entity covered by insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. V. DELETED W. Material Safety Data Sheets (MSDSs): Submit information directly to Owner; do not submit to Engineer. 1. Engineer will not review submittals that include MSDSs and will return them for resubmittal. 2.3 DELEGATED DESIGN A. Performance and Design Criteria: Where professional design services or certifications by a design professional are specifically required of Contractor by the Contract Documents, provide products and systems complying with specific performance and design criteria indicated. 1. If criteria indicated are not sufficient to perform services or certification required, submit a written request for additional information to Engineer. B. Delegated-Design Submittal: In addition to Shop Drawings, Product Data, and other required submittals, submit three copies of a statement, signed and sealed by the responsible design professional, for each product and





system specifically assigned to Contractor to be designed or certified by a design professional. 1. Indicate that products and systems comply with performance and design criteria in the Contract Documents. Include list of codes, loads, and other factors used in performing these services. PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Engineer. B. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 ENGINEER'S ACTION A. General: Engineer will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Engineer will review each submittal, make marks to indicate corrections or modifications required, and return it. Engineer will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken, as follows: 1. REVIEWED as NOTED. C. Informational Submittals: Engineer will review each submittal and will not return it, or will return it if it does not comply with requirements. Engineer will forward each submittal to appropriate party. D. Partial submittals are not acceptable, will be considered nonresponsive, and will be returned without review. E. Submittals not required by the Contract Documents may not be reviewed and may be discarded. END OF SECTION 01 3300

SECTION 01 4100 – TESTING LABORATORY SERVICES


Testing Laboratory Services 01 4100


PART 1 – GENERAL

1.01 Scope of Work

A. The Owner may employ and pay for the services of an independent testing laboratory, or

laboratories, to perform the following tests and inspections:

1. Materials in connection with rough grading, excavating, backfilling and compacting;

2. Concrete materials, mixes and quality control; and,

3. Mortar for masonry and grout work.

B. The General Contractor shall have any test called for in the prevailing code performed as

necessary to be in conformance with such code, whether or not specifically stated in this

Specification.

C. The use of testing services shall in no way relieve the General Contractor of his

responsibility to furnish materials and construction in full compliance with the Contract

Documents.

D. The General Contractor shall notify the Owner, the Architect, the testing laboratory or

laboratories in sufficient time before the performance of work to permit the proper

conduct of inspections and tests.

E. The General Contractor shall furnish or require that his subcontractors furnish labor as is

necessary to obtain samples at the Project.

F. Additional testing and corrective measures resulting from any deviations are the General

Contractor’s and his sub-contractor’s responsibility, and shall be furnished at no

additional cost to the Owner.

G. The Contract Requirements as provided by the Owner; and, the General Requirements as



A. The testing laboratory shall be an independent agency, experienced in and with the

capacity to, conduct the tests and inspections, as documented by ASTM E 548, that

specializes in the types of tests and inspections to be performed.

B. The testing laboratory shall be certified by the National Bureau of Standards.

C. Comply with requirements of ANSI/ASTM E 329 and ANSI/ASTM D 3740.





D. The testing laboratory shall maintain a full-time registered Engineer on staff to review

services.

E. The testing laboratory shall be authorized or licensed to operate in the State or

Commonwealth in which the Project is located.

F. Testing equipment shall be calibrated at reasonable intervals with devices of accuracy

traceable to either NBS Standards or accepted values of natural physical constants.

1.03 References

A. ANSI/ASTM D 3740 – Practice for Evaluation of Agencies Engaged in Testing and/or

Inspection of Soil and Rock as Used in Engineering Design and Construction.

B. NSI/ASTM E 329 – Standard Recommended Practice for Inspection and Testing

Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction.

1.04 Submittals

A. Prior to the start of Work, submit evidence of certification of Testing Laboratory to

Architect and Owner, and submit name, address, and telephone number, and names of

full-time registered Engineer and responsible officer.

B. Submit schedule of services to be performed by the Testing Laboratory.

C. Reports shall be submitted in accordance with the General Conditions, Supplementary

Conditions and Section 01 3000 of these Specifications.

D. At the end of each testing phase, submit certification that all reports called for in these

Specifications have been submitted and are true and correct.

1.05 Costs of Tests

A. If on-site testing is required by the Owner or a third party to establish conformance to

these Specifications, costs of such tests:

1. Shall be the responsibility of the General Contractor or his Sub-Contractor if the tests

determine that the tested material or product does not meet the requirements of these

Specifications.

2. Shall be the responsibility of the Owner if the tests determine that the tested material

or product meets the requirements of these Specifications.





PART 2 – PRODUCTS

N/A


3.01 Application

A. The testing laboratory shall be responsible for conducting and interpreting agreed upon

tests, and inspections in accordance with specified standards as outlined in the pertinent

sections of these Specifications, stating in each report whether or not the test specimens

conform to the requirements of the Contract Documents, and specifically noting any

deviations.

B. The testing laboratory shall provide qualified personnel at the site after notice by the

General Contractor and shall cooperate with the General Contractor in the performance of

testing and inspection services.

C. The Owner, Architect and the approved testing laboratory or laboratories and their

representatives shall at all times have access to the Work to make inspections and tests.

The General Contractor shall provide proper facilities for such access, inspections and

tests.

D. Representatives of testing laboratories shall inspect the manufacture; assembly and/or

placement of materials as required and shall report their findings promptly as indicated

above.

E. Representatives of testing laboratories are not authorized to revoke, alter, relax, enlarge

or release any requirement of the Contract Documents; to approve or accept any portion

of the Work; or to stop the Work. However, the testing laboratory representatives shall

promptly notify the Architect and General Contractor of observed irregularities or non-

conformance of Work or products.

F. Representatives of testing laboratories shall not act as foremen or perform other duties for

the General Contractor.

G. Work shall be checked as it progresses, but failure to detect any defective work or

materials shall in no way prevent later rejection when such defect is discovered nor shall

it obligate the Owner for final acceptance.





H. Representatives of the testing laboratory shall attend progress meetings when requested

by the General Contractor.

3.02 Repair and Protection

A. On completion of testing, inspecting, sample taking, and similar services, the General

Contractor or his designated sub-contractors shall repair damaged construction and

restore substrates and finishes.

B. In addition to the requirements of Section 01731, “Cutting and Patching,” provide

materials and comply with installation requirements specified in other Sections of these

Specifications. Restore patched areas and extend restoration into adjoining areas in a

manner that eliminates evidence of patching.

C. Protect construction exposed by or for quality-control service activities.

END OF SECTION

SECTION 01 5000 – FACILITIES AND CONTROLS


Facilities and Controls 01 5000


PART 1 – GENERAL

1.01 Scope of Work

A. Provide temporary facilities and controls needed for the Work, including but not

necessarily limited to:

1. Connection to temporary utilities, such as water and electricity as will be provided by

the Owner;

2. Temporary toilet facilities;

3. Temporary barricades of the construction areas; and,

4. Protection of installed work.

B. The Contractor and each sub-contractor shall provide enclosures such as tarpaulins,

barricades and canopies as needed for his specific task or trade.

C. The Contract Requirements as provided by the Owner; and, the General Requirements as


1.02 Product Handling

A. Maintain temporary facilities and controls in proper and safe condition through progress

of the Work.

PART 2 – PRODUCTS

2.01 Telephone Service

A. The Contractor may use his cellular telephone as the primary means of contact on this

Project. A facsimile machine is not required.

2.02 Water

A. The Contractor shall connect to the existing water supply; and, extend by use of

temporary hoses and piping as necessary to perform his scope of work.

B. The Owner will pay for water used.

C. Protect hoses and piping where such lines cross-driveways and streets.





2.03 Temporary Electricity

A. The Contractor shall connect to the Owner’s existing electrical supply sources; and,

utilize construction-type power cords to extend electrical power to work areas. Special

electrical power requirements not provided under Work of this Section shall be furnished

by each contractor.

B. Costs:

1. The Contractor shall pay for extension of existing system as necessary, maintenance,

and removal of system; and, restoration of existing and permanent equipment.

2. The Owner will pay costs of energy consumed for normal construction operations.

3. All contractors shall take measures to conserve energy usage.

C. Materials:

1. Materials may be new or used, adequate to the purpose.

2. Devices and equipment shall be standard devices, meeting UL requirements, bearing

UL label.

3. Temporary electric distribution system shall have GFCI protection.

D. Maintain system to provide continuous service, including prompt restoration of

interruptions to Owner’s system.

E. Removal/Restoration:

1. Remove temporary materials and equipment when permanent system is operational.

2. Restore existing and permanent facilities used for temporary purposes to original condition.

2.04 Not Used

2.05 Not Used

2.06 Sanitary Facilities

A. Existing sanitary facilities may NOT be used by the Contractor or any of his sub-

contractors, vendors, etc.

B. The Contractor shall provide and maintain required facilities and enclosures.

C. Such temporary facilities shall be located as directed by the Owner’s Representative.





2.07 Barriers and Enclosures

A. Work of this paragraph shall be the responsibility of the Contractor.

B. Provide barriers as required to prevent public entry to construction areas, and to protect

adjacent properties from damage from construction operations.

2.08 Not Used

2.09 Protection of Installed Work

A. The Contractor shall provide temporary protection for his installed products.

2.10 Field Offices and Sheds

A. The Owner will NOT provide a space within the existing building for the Contractor to

use as a field office.

B. Field offices and sheds shall be provided by Contractor as necessary.

C. The locations of such field offices and sheds shall be located as directed by the Owner’s

Representative.

2.11 Removal

A. The Contractor shall remove temporary materials, equipment, services, and construction

necessary for his work prior to Substantial Completion inspection.

B. The Contractor shall clean and repair damage caused by installation or use of his

temporary facilities.


N/A

END OF SECTION

SECTION 01 6310 – SUBSTITUTIONS


Substitutions 01 6310


PART 1 – GENERAL

1.01 Scope of Work

A. The provisions set forth herein describe the procedures, restrictions and qualifications

required for requesting approval of a non-specified product in lieu of a specified product.


stated in Division 1 of these Specifications shall govern the work of this Section.

C. The burden of proof of the merit of the proposed substitute is upon the contractor, subject

to acceptance by the Contractor.

1.02 Basis of Bid

A. Work and material to be furnished and provided for the Construction Contract are based

on the standards of required function, dimension, appearance and quality established in

these Contract Documents.

1. Where proprietary brands are specified and followed by “No Substitution” or similar

language, substitutions will not be allowed at any time during the course of the

Project.

2. When a proprietary name or names are specified, and not followed by “No

Substitution” or similar language, bids shall be based on these products or any

product meeting the performance requirements of the originally specified product, or

the performance requirements stated in the Specification.

1.03 Acceptability and Inclusion of Proposed Substitution

A. The Contractor will determine the acceptability of a proposed substitution based on the

information submitted by the contractor.

B. Approval shall not relieve the contractor from complying with the requirements of the

Contract Documents.

C. Substitute products shall not be ordered or installed without written acceptance of the

Owner. Any substitutions installed or used without required approval shall be at the risk

of subsequent rejection, and the contractor will be required to install or use the specified

machinery, equipment, materials and articles at his sole cost.

SECTION 01 6310 – SUBSTITUTIONS


Substitutions 01 6310


D. Substitutions will not be considered when they are indicated or implied on Shop

Drawings unless accompanied by a formal request from the contractor, or when

acceptance of the proposed substitution will require substantial revision of the Contract

Documents.

E. Where a material is specified with color selected, acceptability of substitution shall also

be based on color.

1.04 Substitution Forms

A. All Substitutions must be submitted on CSI Form 13.1A – Substitution Request for

Cause.

END OF SECTION

SECTION 01 6400 – DELIVERY, STORAGE, HANDLING AND PROTECTION


Delivery, Storage, Handling and Protection 01 6400


PART 1 – GENERAL

1.01 Scope of Work

A. Deliver, store, handle and protect products scheduled for use in the work by means and

methods, which will prevent damage, deterioration, loss and theft, but not necessarily

limited to, those described in this Section. Refer to specific sections for additional

requirements.




A. Include within the contractor’s quality assurance program such procedures as are required

to assure full protection of the work and materials.

1.03 Manufacturer’s Recommendations

A. Determine and comply with manufacturers’ written recommendations on product

handling, storage and protection.

1.04 Delivery

A. Schedule delivery to minimize long-term storage at the project site and to prevent

overcrowding of construction spaces.

B. Coordinate delivery with installation time to ensure minimum holding time for items that

are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other

losses.

C. Deliver materials to the job site in an undamaged condition to the designated area, using

extreme care and proper equipment in off-loading to prevent damage, dampness and

breakage of materials.





1.05 Packaging

A. Deliver materials to the job site in their manufacturers’ original, factory-sealed, unopened

container, with labels intact and legible. Maintain packaged materials with seals

unbroken and labels intact until time of use. Inspect products upon delivery. Promptly

remove damaged material and unsuitable items from the job site, and promptly replace

with material meeting the specified requirements.

1.06 Storage

A. Store materials in a dry, well-ventilated space, shored off of the ground surface.

B. Provide protective outer wrapping to protect materials from foreign materials and the

elements until use.

C. Store products to allow for inspection and measurement of quantity or counting of units.

D. Store materials in a manner that will not endanger the project structure.

E. Comply with product manufacturers written instructions for temperature, humidity,

ventilation, and weather-protection requirements for storage.

F. Protect stored products from damage.

G. If requested by the Owner, provide a secure location and enclosure at the project site for

storage of materials and equipment by Owner’s construction forces. Coordinate location

with Owner.

1.07 Handling

A. Handle materials, using sufficient number of workmen and proper equipment, with

extreme care to prevent damage and breaking.

1.08 Protection

A. Protect finished surfaces, including jambs and soffits of openings used as passageways,

through which equipment and materials are handled.

B. Provide protection for finished floor surfaces in traffic areas prior to allowing equipment

or materials to be moved over such surfaces.

C. Maintain finished surfaces clean, unmarred and suitable protected until accepted by the

Owner.





1.09 Repairs and Replacements

A. In the event of damage, promptly make replacements and repairs with specified or

matching materials, to produce surfaces suitable for new materials or to eliminate

evidence of repair, replacement and refinishing.

END OF SECTION

SECTION 01 7000 – CONTRACT CLOSEOUT


Contract Closeout 01 7000


PART 1 – GENERAL

1.01 Scope of Work

A. Provide all operations necessary for an orderly and efficient transfer of the completed

Work to the Owner, including, but not limited to the following:

1. Warranties of Construction have been submitted to the Owner.

2. Project Record Documents have been submitted to the Owner.

3. Site has been returned to pre-construction or better condition in areas of site access.

4. All cleaning, as required in other Sections of these Specifications, has been completed.

5. Evidence of compliance with requirements of governmental agencies having

jurisdiction including, but not necessarily limited to Certificates of Inspection and

Certificate of Occupancy.

6. Execution of Release of Liens.

7. Accounting data regarding specific trades as may be requested by the Owner for his use.

8. Other submissions as required by specific sections of these Specifications.



1.02 Certification and Warranties of Construction

A. The Contractor shall certify that all materials used in the Work comply with all specified

provisions. Certification shall not be construed as relieving the Contractor or any

Contractor at any tier from furnishing satisfactory materials if, after tests are performed

on selected samples, the material is found to not meet specified requirements.

B. The Contractor shall issue a warranty stating that the Work performed under this Contract

conforms to the Contract requirements and is free of any defect of equipment, material or

design furnished or workmanship performed by the Contractor or any of his subcontractors

or suppliers at any tier. Such warranty shall continue from the Date of Substantial

Completion of the Work for the duration of the applicable Statute of Limitations and not less

than one [1] year.

C. The Contractor shall obtain any warranties, which the subcontractors, manufacturers or

suppliers would give in normal commercial practice, or extended warranties required by

these Specifications. All such subcontractors’, manufacturers’ and suppliers’ warranties





expressed or implied, respecting any work and materials shall, at the direction of the

Owner, be enforced by the Contractor for the Owner.

D. The Contractor shall require all warranties to be executed in writing naming Lower

Merion School District as Owner.

E. When the Contractor uses or authorizes use of any building system or component thereof, for

his benefit, such as heating, piping, electrical, ventilating, refrigeration, plumbing,

temperature control, pneumatic systems, elevators, or any other mechanical device, prior to

Substantial Completion of the facility, he shall secure the prior written authorization of the

Owner. In this event, the guarantee period shall commence when any of the foregoing items

are placed into permanent operation and accepted by Owner. As a condition to agreement for

temporary use, the Contractor shall return the equipment in question to its original condition

and secure necessary guarantee extensions so that the Owner will receive the full contractual

warranty commencing with Substantial Completion of the facility.

1.03 NOT USED

1.04 Project Record Documents

A. Throughout the progress of the Work, maintain a set of Contract Documents, accurately

record changes in the Work authorized by the Owner and Architect, and construction

changes to show actual construction.

B. As a condition of the contract closeout, provide a set of “As-Built” documents reflecting

factual information of all aspects of the Work, both concealed and visible. Record the

following information concurrently with construction progress, dating each entry. Do not

conceal any work until required information is recorded.

1. Location of internal appurtenances concealed in the construction, referenced to

visible and accessible features of the structure.

2. Field changes of dimension and detail.

3. Changes made by the Change Order process.

4. Details not on original contract drawings.

5. Manufacturer, trade name, catalog number and supplier of each product and item of

equipment actually installed.





1.05 Inspection and Occupancy

A. It shall be the responsibility of the Contractor to coordinate with the local governing

authorities to obtain final inspections and a Certificate of Occupancy.

1.06 Documents

A. Provide Releases of Liens, accounting data and other documentation as may be required

by the Terms of the Contract for construction.

PART 2 - PRODUCTS

N/A

PART 3 - EXECUTION

N/A

END OF SECTION

SECTION 01 7130 – CLEANING


Cleaning 01 7130


PART 1 – GENERAL

1.01 Scope of Work

A. Throughout the construction period, each contractor shall maintain areas of the Building

and the Site under his control in a standard of cleanliness as described in this Section.

B. In addition to standards described in this Section, comply with requirements for cleaning

as described in pertinent other Sections of these Specifications.

C. Each contractor shall be responsible for the removal from the Building and Site trash and

debris generated by the construction operations under his Contract by placing in

containers provided by the Owner.

D. The Contractor shall be responsible for the proper disposal of all construction-related

trash and debris, disposing in off-site EPA/DER landfill in accordance with applicable

regulations.

E. The Contract Requirements as provided by the Owner; and, the General Requirements as



A. Conduct daily inspection, and more often if necessary, to verify that requirements for

cleanliness are being met.

B. In addition to the standards described in this Section, comply with pertinent requirements

of governmental agencies having jurisdiction.

PART 2 - PRODUCTS

2.01 Cleaning Materials and Equipment

A. Provide required personnel, equipment, and materials needed to maintain the specified

standard of cleanliness.

B. The Contractor shall provide covered containers of adequate size for deposit of waste

materials, debris and rubbish into the dumpster provided by the Contractor for all

materials of all Contracts.

2.02 Compatibility

A. Use only the cleaning materials and equipment which are compatible with the surface

being cleaned, as recommended by the manufacturer of the material.



Cleaning 01 7130


B. Control cleaning operations so that dust or other particles will not adhere to wet or newly

coated surfaces.

C. Do not utilize cleaners which create a health hazard.

PART 3 - EXECUTION

3.01 Progress Cleaning

A. General:

1. Retain stored items in an orderly arrangement allowing maximum access, not

impeding traffic or drainage, and providing required protection of materials.

2. Do not allow accumulation of scrap, debris, waste material, and other items not

required for construction of this Work.

3. Daily, completely remove all scrap, debris, and waste material from the job site.

4. Provide adequate storage for all items awaiting removal from the job site, observing

requirements for fire protection and protection of the ecology.

B. Site:

1. Daily, and more often if necessary, inspect the site and pick up all scrap, debris and

waste material. Remove such items to the place designated for their storage.

2. Weekly, and more often if necessary, inspect all arrangements of materials stored on

the site. Restack, tidy, or otherwise service arrangements to meet the requirements of

Subparagraph 3.01-A-1 above.

3. Maintain the site in a neat and orderly condition at all times.

C. Not Used.

3.02 Final Cleaning

A. “Clean,” for the purpose of this Article, and except as may be specifically provided

otherwise, shall be interpreted as meaning the level of cleanliness generally provided by

skilled cleaners using commercial quality maintenance equipment and materials.

B. Immediately prior to inspection for Substantial Completion of the Work, remove from the

job site all tools, surplus materials, equipment, scrap, debris, and waste. Conduct final

progress cleaning as described in Article 3.01 above.

C. Broom clean paved areas on the site and public paved areas adjacent to the Site and

completely remove resultant debris.

D. Structures:



Cleaning 01 7130


1. Visually inspect exterior and interior surfaces and remove traces of soil, dust, stains,

waste materials, smudges and other foreign matter.

2. Remove temporary protection and labels not required to remain.

3. Remove traces of splashed materials from adjacent surfaces.

4. If necessary to achieve a uniform degree of cleanliness, hose down the exterior of the

structure affected by the construction.

5. In the event of stubborn stains not removable with water, provide light sandblasting

or other cleaning as required.

6. Remove paint droppings, spots, stains and dirt from finished surfaces.

7. Maintain cleaning until Final Completion in regard to work performed after

substantial completion.

E. Remove waste, debris, and surplus materials from Site. Remove stains, spills, and

foreign substances from paved areas and sweep clean. Rake clean other exterior surfaces.

F. Schedule final cleaning to enable the Owner to accept a completely clean Work.

3.03 Cleaning During Owner’s Occupancy

A. Should the Owner occupy the Work or any portion thereof prior to its completion,

responsibilities for interim and final cleaning of the occupied spaces shall be determined

by the Owner in accordance with the General Conditions of the Contract.

END OF SECTION

SECTION 01 7310 – CUTTING AND PATCHING


Cutting and Patching 01 7130


PART 1 – GENERAL

1.01 Scope of Work

A. The Contractor, or pertinent Sub-Contractor, if so directed by the Contractor, shall

perform cutting, fitting and patching, including excavation and fill, needed to comply

with the Contract Documents for the execution of his Work. Provide materials,

accessories, tools, equipment and labor to cut, fit and patch the Work where necessary to:

1. Make the several parts fit properly and integrate with other work.

2. Uncover work to provide for installing, inspection, or both, or ill-timed work;

3. Remove and replace work not conforming to requirements of the Contract

Documents; and

4. Remove and replace defective work.

B. In addition to other requirements specified, upon the Owner’s, Architect’s or local

inspector request, uncover work to provide for inspection by the Owner, Architect or

local inspector of covered work; and, remove samples of installed materials for testing.

C. Do not cut or alter work performed under by the Owner separate contracts without the

Owner’s written permission.

D. The Contract Requirements as provided by the Owner; and, General Requirements as



A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in

the necessary crafts and who are completely familiar with the specified requirements and

the methods needed for proper performance of the Work of this Section.

B. Employ original installer to perform cutting and patching for weather-exposed and

moisture-resistant elements, and sight-exposed surfaces.

1.03 Submittals

A. When cutting and alteration of newly installed construction is required, and not

reasonably identifiable from the Contract Documents, the Contractor will coordinate any

cutting or alteration which affects:

1. Structural integrity of any element of Project.





2. Integrity of weather-exposed or moisture-resistant element.

3. Efficiency, maintenance, or safety of any operation element.

4. Visual qualities of sight-exposed elements.

5. Work of Owner.

B. Contractor shall identify and document:

1. Location and description of affected work.

2. Necessity for cutting or alteration.

3. Description of proposed work, and products to be used.

4. Alternatives to cutting and patching.

5. Effect on work of Owner and other contractors.

6. Written permission of affected separate contractor.

7. Date and time work will be executed.

C. Should conditions of the Work, or schedule, indicate a required change of materials or

methods for cutting and patching, the Contractor shall notify the Owner and Architect;

and, secure written permission prior to proceeding.

D. The Contractor shall submit written notice to the Owner and Architect designating the

time the Work will be uncovered, to provide for the Owner’s and Architect’s observation.

PART 2 – PRODUCTS

2.01 Materials

A. For replacement of items removed, use materials complying with pertinent Sections of

these Specifications.


3.01 Examination

A. Inspect existing conditions, including elements subject to movement or damage during

cutting, excavating, patching and backfilling.

B. After uncovering the Work, inspect conditions affecting installation of new Work.





C. If uncovered conditions are not as anticipated, immediately notify the Owner and

Architect; and, secure needed directions.

D. Do not proceed until unsatisfactory conditions are corrected.

3.02 Preparation Prior To Cutting

A. Provide required protection including, but not necessarily limited to, shoring, bracing and

support to maintain structural integrity of the Work and other existing portions of the

Work.

B. Provide protection from elements for areas which may be exposed by uncovering Work.

C. Maintain excavation free of water.

3.03 Performance

A. Perform required excavating and backfilling as required under pertinent other Sections of

these Specifications.

B. Perform cutting and demolition by methods which will prevent damage to other portions

of the Work; and, provide proper surfaces to receive installation of repair and new Work.

C. Perform fitting and adjusting of products to provide finished installation complying with

the specified tolerances and finishes.

D. Patching existing partitions as required with similar materials so as to provide a smooth

base for subsequent finishes.

E. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without

prior approval.

F. Restore work with new products in accordance with requirements of Contract Documents.

G. Fit work airtight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces.

H. At penetrations of fire-rated wall, ceiling, or floor construction, completely seal voids

with fire-rated material, full thickness of the construction element so as not to comprise

the rating of the assembly.

J. Refinish surfaces to match adjacent finishes. For continuous surfaces, refinish to nearest

intersection. For an assembly, refinish entire unit.

END OF SECTION

BRICK

MORTAR

LOWER MERION SCHOOL DISTRICT

BALA CYNWYD MIDDLE SCHOOLMASONRY PARAPET RECONSTRUCTION

510 BRYN MAWR AVENUEBALA CYNWYD, PA 19004

LMSD PROJECT NO. 511805

ELEVATION MARK

SECTION MARK

DETAIL MARK

ELEVATION REFERENCE

R-2

A

1

R-2

ELEVATION

REFERENCE

DRAWING ON WHICH

ELEVATION IS SHOWN

2

R-2

CROSS REFERENCING:

SECTION

REFERENCE

DRAWING ON WHICH

SECTION IS SHOWN

DETAIL

REFERENCE

DRAWING ON WHICH

DETAIL IS SHOWN

SHEET INDEX:

CS COVER SHEET

R-1 WEST ELEVATION

R-2 DETAILS & NOTES

ABBREVIATIONS:

SITE PLAN

N.T.S.

WEST ELEVATION

PRIOR TO PARAPET DEMO

PARAPET & COPINGPARAPET AND COPING

EXISTING DEMOLITION CONDITION

N

LIMESTONE

MATERIAL SPECIFICATIONS:

I. SECTION 040600 - BRICK AND LIMESTONE MORTAR.

A. PORTLAND CEMENT: ASTM C150, TYPE I

B. HYDRATED LIME: ASTM C207, TYPE N, CONTAINING NO AIR ENTRAINMENT.

C. AGGREGATE: FINE (ASTM C144, NATURAL SAND) AND COURSE (ASTM C404, NATURAL SAND). MATCH COLOR AND

TEXTURE OF THE ORIGINAL MORTAR SAND.

D. WATER: CLEAN, FREE FROM DELETERIOUS AMOUNTS OF ACIDS, ALKALIS, OIL, SOLUBLE SALTS AND

ORGANIC IMPURITIES.

E. MORTAR COLORS: MATCH EXISTING ADJACENT MORTAR. SYNTHETIC MINERAL OXIDES (ALKALI-PROOF AND

SUN-FAST) TO PREVENT BLEACHING AND FADING CAN BE USED IN THE PROPORTIONS RECOMMENDED BY

MANUFACTURER IN NO CASE EXCEEDING 15% OF CEMENT WEIGHT, EXCEPT THAT CARBON BLACK SHALL NOT

EXCEED 3% OF CEMENT WEIGHT.

1. TO ACHIEVE THE EXISTING MORTAR'S COLOR, SMALL AMOUNTS OF POINTING MAY INCLUDE THE ADDITION OF

SMALL AMOUNTS OF PIGMENTS. A RE-PIGMENTED CEMENT OR A PRE-MIXED LIME-CEMENT-PIGMENT BLEND

ARE RECOMMENDED FOR COLOR CONSISTENCY IN LARGE AMOUNTS OF POINTING.

F. CALCIUM CHLORIDE AND/OR ADMIXTURES CONTAINING CALCIUM CHLORIDE SHALL NOT BE INCLUDED

IN MORTAR OR GROUT.

G. DO NOT USE FROZEN MATERIALS MIXED OR COATED WITH ICE OR FROST.

H. NO AIR-ENTRAINING ADMIXTURES OR CEMENTITIOUS MATERIAL CONTAINING AIR-ENTRAINING ADMIXTURES SHALL

BE USED IN THE MORTAR.

I. NEITHER MASONRY CEMENT NOR MORTAR CEMENT ARE PERMITTED.

J. PROPORTIONING: BY VOLUME PER ASTM C270

1. TYPE N MORTAR FOR EXTERIOR, ABOVE GRADE WALLS:

2. MORTAR PROPORTIONS REPOINTING AND SETTING BRICK: 1 PART GREY PORTLAND CEMENT, 1 PART

HYDRATED LIME, 6 PARTS WHITE SAND.

3. MINIMUM COMPRESSIVE STRENGTH: 750 PSI.

K. SUBMITTALS:

1. PROVIDE PRODUCT DATA FOR EACH COMPONENT OF MORTAR AND/OR FOR EACH PRE-MIX.

2. PROVIDE MIXTURE, AMOUNT OF EACH MATERIAL, AND PROPORTIONS USED IN EACH MORTAR.

3. INCLUDE MINIMUM OF 3 SAMPLES IN BRICK MOCKUP.

II. SECTION 040600 - CMU MORTAR

A. PORTLAND CEMENT: ASTM C-150, TYPE I, EXCEPT USE TYPE III FOR CONSTRUCTION BELOW 40 DEGREES F.

PROVIDE NATURAL COLOR OR WHITE CEMENT AS REQUIRED TO PRODUCE REQUIRED MORTAR COLOR.

B. HYDRATED LIME: ASTM C-207, TYPE S.

C. AGGREGATE FOR MORTAR: ASTM C-144, EXCEPT FOR JOINTS LESS THAT 1/4 INCH USE AGGREGATE GRADED WITH

100% PASSING THE NO. 16 SIEVE.

1. WHITE AGGREGATES: NATURAL WHITE SAND OR GROUND WHITE STONE.

D. AGGREGATE FOR GROUT: ASTM C-404.

E. WATER: CLEAN AND POTABLE.

F. INTEGRAL WATER REPELLANT ADMIXTURE: RHEOPEL ADMIX BY BASF.

G. SUBMITTALS:

1. PROVIDE PRODUCT DATA FOR EACH COMPONENT OF MORTAR AND/OR FOR EACH PRE-MIX.

2. PROVIDE MIXTURE, AMOUNT OF EACH MATERIAL, AND PROPORTIONS USED IN EACH MORTAR.

III. SECTION 042000 - UNIT MASONRY

A. SECTION 042113 - BRICK VENEER MASONRY

1. PROVIDE BRICK OF DIMENSION AND COLOR TO MATCH EXISTING.

a. SAMPLES: FURNISH NOT LESS THAN FIVE INDIVIDUAL BRICK AS SAMPLES FOR BRICK SPECIFIED, SHOWING

EXTREME VARIATIONS IN COLOR AND TEXTURE.

b. MOCKUP: PROVIDE MINIMUM TWO (2) 48" x 48" BRICK PANELS WITH PROPOSED BRICK & MORTAR

VARIATIONS.

2. JOINT PLACEMENT: PROVIDE RUNNING BOND SIMILAR TO EXISTING ADJACENT BRICK WALL.

3. THE FACE OF ALL WALLS IN AREAS OF RECONSTRUCTION SHALL BE PLUMB. NO WALLS SHALL BE BUILT WITH

ANY FORWARD BATTER.

B. SECTION 042200 - CONCRETE UNIT MASONRY

1. OBTAIN MASONRY UNITS FROM ONE MANUFACTURER, OF UNIFORM TEXTURE AND COLOR FOR EACH KIND

REQUIRED, FOR EACH CONTINUOUS AREA AND VISUALLY RELATED AREAS.

2. SIZE: MANUFACTURER’S STANDARD UNITS WITH NOMINAL FACE DIMENSIONS OF 16” LONG X 8” HIGH X 6" WIDE

(15 5/8” X 7 5/8” X 5 5/8 ACTUAL).

3. REINFORCING BARS: DEFORMED STEEL, ASTM A-615, GRADE 60 FOR No 4 BARS.

4. ADJUSTABLE TIES: PROVIDE THE DW10 HS VENEER ANCHOR BY H&B.

a. FINISH: HOT-DIPPED GALVANIZED

5. GROUT: MIN 2000 PSI PEA GRAVEL (COURSE) MIX.

C. SUBMITTALS:

1. PROVIDE PRODUCT DATA FOR EACH COMPONENT

2. PROVIDE SHOP DRAWINGS TO INCLUDE DIMENSIONS, REBAR PLACEMENT, ETC

IV. SECTION 049100 - MASONRY RESTORATION - LIMESTONE

A. PROVIDE ALL LIMESTONE FOR ENTIRE PROJECT FROM THE SAME QUARRY.

B. VARIETY: INDIANA LIMESTONE OR APPROVED EQUAL. COMPLIES WITH ASTM C568/C568M, TYPE II (MEDIUM DENSITY)

CLASSIFICATION.

1. SIZE: PROVIDE LIMESTONE PIECES TO MATCH EXISTING OVERALL DIMENSIONS.

2. COLOR: MATCH EXISTING

3. TEXTURE: SMOOTH

C. ANCHORS & ATTACHMENTS:

1. STEEL ANGLE: 6"x6"x 5/16", SUPPORTING STONE: COMPLY WITH ASTM A36/A36M FOR MATERIALS; GALVANIZED

IN ACCORDANCE WITH ASTM A123/A123M.

2. STEEL DOWEL: 5/8" DIAM. 4" LONG INTO TOP OF STONE, GROUTED SOLID WITH NON-SHRINK GROUT.

D. SUBMITTALS:

1. PROVIDE PRODUCT DATA FOR EACH COMPONENT

2. PROVIDE SHOP DRAWINGS TO INCLUDE DIMENSIONS, DOWEL HOLES, ETC. TO BE REVIEWED AND APPROVED

PRIOR TO FABRICATION.

V. SECTION 049100 - MASONRY RESTORATION - FLASHING.

A. STAINLESS STEEL: 26 GAGE.

1. WHERE EXPOSED TO EXTERIOR FACE AT COMPLETION, SHOP-APPLY RUSTOLEUM FINISH SYSTEM WITH

SURFA-ETCH 108 AND UNDERCOAT 3202 (APPLIED NOT OVER 24 HOURS APART) OR EQUAL, AND APPLY

FABRICATOR'S STANDARD PRIMER.

B. MEMBRANE: LEDGE, SHELF ANGLE OR LINTEL SURFACES SHALL BE FLAT, OR PREFERABLY SLOPED TO PROVIDE

DRAINAGE TO THE EXTERIOR. SURFACES SHALL NOT BE ORIENTED SO THAT WATER CAN POND ON THE

THROUGH-WALL FLASHING.

1. CCW-705 TWF BY CARLISLE CCW.

2. ACCESSORIES: USE ONLY SYSTEM ACCESSORIES APPROVED BY MEMBRANE FLASHING MANUFACTURER

a. CONTACT ADHESIVE: CCW-702 WB WATER-BASED

b. MASTIC: LM 800 XL SOLVENT-BASED SYNTHETIC RUBBER

c. FILL COMPOUND: CCW-201 POLYURETHANE, 2-PART

d. TERMINATION BAR: SURE-SEAL TERMINATION BAR

VI. SECTION 049100 - MASONRY RESTORATION - CAVITY DRAINAGE

A. MORTAR DROPPINGS CONTROL SYSTEM

1. MORTARNET BY MORTARNET SOLUTIONS

B. WEEPS: FULL HEAD JOINT HEIGHT POLYETHYLENE MESH WEEPS BY MORTARNET SOLUTIONS.

1. SUBMIT PROPOSED PRODUCT FOR DESIGN PROFESSIONAL REVIEW AND APPROVAL.

2. COLOR TO MATCH MORTAR

VII. SECTION 05500 - METAL FABRICATIONS - WOOD BLOCKING

A. TOP OF WALL: SOUTHERN PINE #2, PRESSURE TREATED.

1. PROVIDE FASTENERS IN W-PATTERN THROUGH BLOCKING INTO GROUTED CMU.

VIII. SECTION 055000 - METAL FABRICATIONS - METAL COPINGS.

A. PERM-A-SNAP COPING SYSTEM BY OMG ROOFING PRODUCTS.

1. USE ONLY SYSTEM ACCESSORIES APPROVED BY MEMBRANE FLASHING MANUFACTURER

2. COLOR: PROVIDE KYNAR 500 COLOR TO BE APPROVED BY LMSD & DESIGN PROFESSIONAL.

3. ENSURE ALL WELDED INSIDE AND OUTSIDE CORNERS WITH 4" UPTURNED FLANGE AT TERM TO RISING WALL.

IX. SECTION 079200 - JOINT SEALANTS

A. PROVIDE SILICONE SEALANT AT ALL BUILDING JOINTS. ONE-PART, LOW-MODULUS, NEUTRAL-CURING,

HIGH-PERFORMANCE SILICONE SEALANT. DYNAMIC MOVEMENT OF +/- 50%

1. 864 NST BY PECORA

2. COLORS: COLORS TO MATCH ADJ MATERIALS. CONTRACTORS TO SUBMIT MANUF'S FULL RANGE OF STANDARD

COLORS FOR REVIEW & APPROVAL BY DESIGN PROFESSIONAL.

3. ADHESION TESTING TO BE COMPLETED BY AUTHORIZED MANUF'S REPRESENTATIVE PRIOR TO INSTALL TO

DETERMINE USE OF PRIMER.

4. CLOSED CELL BACKER ROD SHALL BE USED.

X. SECTION 099600 - PAINTS AND COATINGS

A. AT CMU CAVITY SIDE: WEATHER RESISTIVE BARRIER (WRB): VERIFY THAT WALL ASSEMBLY (CMU) IS DRIED IN, SUCH

THAT WATER INTRUSION WILL NOT OCCUR FROM ABOVE, BEHIND OR AROUND THE AIR BARRIER INSTALLATION.

1. FIRE RESIST BARRITECH VP, BY CARLISLE COATINGS & WATERPROOFING (CCW)

B. AT CMU ROOF SIDE & ON NEW STEEL: ELASTOMERIC COATING: CONPRO LASTIC BY CONPROCO.

1. USE ONLY SYSTEM ACCESSORIES APPROVED BY MEMBRANE FLASHING MANUFACTURER.

2. COLORS: SAMPLE COLORS TO BE SUBMITTED BY CONTRACTOR & REVIEWED & APPROVED BY DESIGN

PROFESSIONAL & OWNER PRIOR TO APPLICATION.

C. ON EXIST STEEL: AFTER CLEANING STEEL TO REMAIN, PROVIDE ZRC RUST INHIBITIVE PRIMER

CONSTRUCTION OPERATIONS

1. ASSUME AN ABSOLUTE OBLIGATION TO PROTECT EXISTING STRUCTURES AND

EQUIPMENT, NEW WORK, PERSONNEL, STUDENTS, AND THE GENERAL PUBLIC FROM

DAMAGE, LOSS OR INJURY RESULTING FROM THE CONTRACTOR'S OPERATIONS. IN

THE EVENT OF SUCH DAMAGE OR LOSS, PROMPTLY REPLACE OR RESTORE THE

WORK TO AN EQUIVALENT QUALITY TO THE SATISFACTION OF THE ENGINEER AND AT

NO EXPENSE TO THE OWNER.

2. REMOVE TO THE EXTENT INDICATED AND PROPERLY DISPOSE OF EXISTING

STRUCTURES AND MATERIALS TO BE DEMOLISHED IN ACCORDANCE WITH THE

SPECIFICATIONS.

3. EXCAVATIONS WHICH MAY UNDERMINE EXISTING STRUCTURES TO REMAIN SHALL BE

BRACED BY A SUITABLE EXCAVATION SUPPORT SYSTEM DESIGNED IN ACCORDANCE

WITH THE SPECIFICATIONS AND APPROVED BY THE ENGINEER. DESIGN SHALL BE

PERFORMED BY A QUALIFIED PROFESSIONAL ENGINEER CURRENTLY REGISTERED IN

THE COMMONWEALTH OF PENNSYLVANIA.

4. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF THE

NEW AND EXISTING CONSTRUCTION AT ALL TIMES DURING THE WORK. ANY

CONDITION ENCOUNTERED BY THE CONTRACTOR WHICH COULD IMPAIR THE

STRUCTURAL INTEGRITY SHALL BE REPORTED IMMEDIATELY TO THE ENGINEER.

5. THE CONTRACTOR SHALL IDENTIFY ALL OVERHEAD UTILITY LINES AND COMPLY WITH

CORRESPONDING CLEARANCE REQUIREMENTS.

6. THE CONTRACTOR SHALL COORDINATE, MAINTAIN, SUPPORT, PROTECT AND RESTORE

EXISTING PUBLIC AND PRIVATE UTILITIES AFFECTED BY CONSTRUCTION. THE

CONTRACTOR SHALL COMPLY WITH UTILITY COMPANY REQUIREMENTS FOR THE

PROTECTION OF EXISTING UTILITIES.

7. ALL DISCARDED, DEMOLISHED OR EXCAVATED MATERIAL SHALL BECOME THE

PROPERTY OF THE CONTRACTOR UNLESS OTHERWISE NOTED, MATERIALS SHALL BE

PROPERLY DISPOSED OF OFF SITE, IN ACCORDANCE WITH ALL APPLICABLE

STATUTORY REQUIREMENTS.

8. THE CONTRACTOR IS ADVISED THAT THE WORK SCHEDULE SHALL CONFORM

STRICTLY TO THE OPERATIONAL REQUIREMENTS SPECIFIED UNDER VARIOUS

SECTIONS OF THE SPECIFICATIONS WITH RESPECT TO PROTECTION, SCHEDULING,

AND COORDINATION REQUIREMENTS.

9. THE CONTRACTOR SHALL EXECUTE CONSTRUCTION OPERATIONS IN A MANNER TO

MINIMIZE NOISE IN ACCORDANCE WITH THE PROVISIONS OF THE SPECIFICATIONS.

10. CONTRACTOR IS RESPONSIBLE FOR WASHING DOWN THE NEW PARAPET WALL, AND

EXISTING BRICK AND WINDOW SURFACES BELOW THE WORK PRIOR TO

DEMOBILIZATION.

EXISTING CONDITIONS

1. ALL DIMENSIONS, ELEVATIONS AND PHYSICAL CONDITIONS SHOWN ON THE DRAWINGS

FOR EXISTING STRUCTURES ARE BASED UPON LIMITED FIELD INSPECTIONS AND

OTHER AVAILABLE SOURCES. SUCH DEPICTIONS OF EXISTING CONSTRUCTION ARE

INTENDED TO BE GENERAL, APPROXIMATE AND LIMITED TO THOSE AREAS FOR WHICH

WORK IS REQUIRED, AND ARE PROVIDED ONLY FOR THE CONVENIENCE OF THE

CONTRACTOR. PRIOR TO BIDDING, AND/OR CONSTRUCTION, CONDUCT A CAREFUL

EXAMINATION OF EXISTING CONDITIONS AT THE SITE APPLICABLE TO THE WORK

2. EXACT EXTENT OF THE CONSTRUCTION WORK CANNOT BE NECESSARILY OR

ACCURATELY DETERMINED PRIOR TO COMMENCEMENT OF WORK. ACTUAL FIELD

CONDITIONS MAY REQUIRE MODIFICATIONS TO THE CONSTRUCTION DETAILS,

MATERIAL QUANTITIES AND EXTENT OF THE MODIFICATION WORK SHOWN ON

CONTRACT DRAWINGS. PERFORM THE WORK TO MEET FIELD CONDITIONS

ENCOUNTERED.

3. EXAMINE AND FIELD VERIFY ALL EXISTING AND GIVEN DIMENSIONS AND CONDITIONS

PRIOR TO COMMENCEMENT OF THE WORK AND FABRICATION OF CONSTRUCTION

MATERIALS. REPORT VARIANCES FROM THE DRAWINGS AND SPECIFICATIONS AND

POTENTIAL INTERFERENCES PROMPTLY TO THE ENGINEER. INCORPORATE ACTUAL

FIELD CONDITIONS AND DIMENSIONS IN THE WORK AND INDICATE CHANGES AND

ADJUSTMENTS ON DRAWINGS SUBMITTED FOR APPROVAL.

STRUCTURAL DESIGN CRITERIA

1. GOVERNING CODES: MINIMUM DESIGN LOADS FOR BUILDINGS AND OTHER

STRUCTURES (ASCE7) INTERNATIONAL BUILDING CODE (IBC)

GENERAL

1. TYPICAL SECTIONS AND DETAILS - ALL SECTIONS, DETAILS AND NOTES ARE INTENDED

TO BE TYPICAL UNLESS OTHERWISE DETAILED. SHOP AND ERECTION DRAWINGS

SUBMITTED BY THE CONTRACTOR SHALL SHOW APPLICATION OF TYPICAL SECTIONS

AND DETAILS FOR SIMILAR SITUATIONS.

2. OPENINGS AND EMBEDDED ITEMS - ALL CURBED AND OTHER OPENINGS, EQUIPMENT

BASES, DEPRESSIONS, FRAMES, CASTINGS, PIPE SLEEVES, CONDUITS, INSERTS, EDGE

PROTECTION, ANCHOR BOLTS AND SIMILAR ITEMS SHALL BE PROVIDED, LOCATED AND

INSTALLED AS SHOWN ON APPROVED SHOP DRAWINGS FOR MANUFACTURED ITEMS

AND OTHER TRADES.

3. VERIFY EXISTING UTILITIES. INFORM AND OBTAIN REQUIRED PERMITS FROM OWNERS

OF SUCH UTILITIES BEFORE STARTING ANY WORK.

4. JOB SAFETY SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR.

THE FOLLOWING GENERAL RESTORATION NOTES ARE APPLICABLE TO THE RESTORATION

DRAWINGS ONLY. THESE NOTES ARE PROVIDED FOR CONVENIENCE AND ARE SUPPLEMENTAL

TO THE SPECIFICATIONS.

GENERAL RESTORATION NOTES

GENERAL CONSTRUCTION WORK

LEGEND :

LOCATION MAP

N.T.S.

N

BRICK IN SECTIONMORTAR

CMU

MATERIAL DISPOSAL

1. IN ADDITION TO GENERAL CONSTRUCTION WASTE, CONTRACTOR SHALL

DISPOSE OF OLD METAL COPING AND METAL PANEL SYSYTEMS BEING STORED

AT BCMS IN A ROOFTOP MECHANICAL ROOM.

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Z:\2017.050_LMSD_BCMS_Emergency Inspection\SRE Drawings\17.050_CS-1.dwg, 4/9/2018 10:29:46 AM

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CONSTRUCTION JOINT

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EXPANSION JOINT

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CONTROL GROOVE

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HIGH POINT

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WORK POINT

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CENTER LINE

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CENTER TO CENTER

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ON CENTER

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WATERSTOP

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LOW POINT

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W.P.

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C/C

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O.C.

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EXP. JT.

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C.G.

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H.P.

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W.S.

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J

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C

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NOT IN CONTRACT

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UNLESS NOTED OTHERWISE

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DIMENSIONS OR ELEVATION

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SELECTION OF EQUIPMENT

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U.N.O.

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*

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NOT TO SCALE

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260.46'

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616.84'

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221.90'

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PARKING

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Project No.

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of

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335 W. STATE STREET FIRST FLOOR MEDIA, PA 19063

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Phone 484-442-8137 -442-8137 442-8137 -8137 8137 Fax 484-442-8139-442-8139442-8139-81398139

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Rev. No.. No. No.No.o..

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2017.050

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4/1/2018

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JMY

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JMY

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TPS

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1

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3

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BALA CYNWYD MIDDLE SCHOOL

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510 BRYN MAWR AVENUE

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BALA CYNWYD, PA 19004

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MASONRY PARAPET RECONSTRUCTION

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COVER SHEET

1

R-2

SCALE:

1

R-1

WEST ELEVATION - NEW

1/8" = 1'-0"

4

R-1

-

_

-

_

45

'-7

" ±

122'-10" ±

V.I.F.

12

3 4

56

VERIFY ALIGNMENT OF NEW

PARAPET HEIGHT TO ORIGINAL.

SEE NOTE 10

H1 (OPP HAND) H2 H2 H2 H2 H2 H2 H2 H2 H2 H2 H1

11'-1" ±

V.I.F.

19'-8" ± TYP.

V.I.F.

12 C.J. IN BRICK

& CMU

11 C.J. IN BRICK

ONLY

12 C.J. IN BRICK

& CMU

12 C.J. IN BRICK

& CMU

11 C.J. IN BRICK

ONLY

STONE TO STONE JT TO ALIGN

W/ ℄ OF PIER. REVEAL TO ALIGN

W/ ℄ OF WINDOW. TYP.



SEE NOTE 10

3

R-2

5

R-2

4

R-2

AT

LIMESTONE

PROVIDE NEW PARAPET WALL

SAME HGT AS (E) APPROX 3'-8

1

2

"

.

11'-1" ±

V.I.F.

TASK NOTES

1 ALL EXISTING PARAPET BRICK AND MORTAR - REMOVE EXISTING TEMPORARY

PROTECTION AT PARAPET. REMOVE ANY REMAINING PARAPET BRICK AND MORTAR.

CLEAN EXISTING MATERIALS TO ACCEPT NEW MATERIALS.

2 PROVIDE NEW CONTINUOUS 22 GA S.S. FLASHING. SET FULL DEPTH IN 1

1

2

" REGLET.

SECURE w

/ METAL WEDGES. EXTEND DOWN TO WITHIN 4" OF LIMESTONE BELOW.

3 PROVIDE NEW CONTINUOUS .040 MEMBRANE FLASHING. EXTEND UP 4" BEHIND UPPER METAL

FLASHING. SET BASE OF MEMB FLASHING IN CONT. BED OF MASTIC.

4 PROVIDE NEW 6"x8"x12" CMU BACKUP, MASONRY FILLED SOLID w

/ MORTAR. PREPARE

TOP OF (E) CONCRETE TO BE LEVEL.

4A PRE-DRILL CONCRETE 6" DEEP MIN TO ACCEPT NEW NON-SHRINK EPOXY GROUT.

4B PROVIDE NEW # 4 REINFORCING BAR IN CMU WITH MIN 6" EMBED. CMU TO BE GROUTED

SOLID.

4C PROVIDE NEW ADJUSTABLE MASONRY WALL TIES AT F.O. CMU. ENSURE TIES ALIGN w

/ BRICK

JOINTS

/

COURSING. TIE SPACING SHALL BE MAX. 32" HORIZ. AND 18" VERT. w

/ MIN. OF TWO

VERT. TIES IN WALL.

4D PROVIDE NEW FLUID-APPLIED WRB MEMBRANE BARRITECH-VP BY CARLISLE ON EXT. F.O.

CMU WALL. FOLLOW ALL MANUFACTURER'S GUIDELINES FOR PREP. AND INSTALLATION.

4E UPON INSTALLATION OF FIRST COURSE OF CMU, PROVIDE NEW CONT. 22 GA S.S.

FLASHING, SET FULL DEPTH IN 1

1

2

" REGLET. EXTEND FLASHING DOWN OVER EXIST.

COPPER FLASHING 3" MIN. SECURE TOP VERT. LEG OF EXIST. COPPER FLASHING w/

SELF-ADHERED 40 MIL FLASHING, 8" MIN. WIDE, CCW 705 BY CARLISLE.

5 PROVIDE NEW BRICK MASONRY AT PARAPET, COLOR OF BRICK AND MORTAR TO MATCH

EXISTING. EXTEND BRICK UP 3'-4"± FROM LIMESTONE HEADER TO MATCH HEIGHT OF NEW

CMU. PROVIDE NEW MORTAR FULL DEPTH OF BRICK. PROVIDE TWO (2) 4'-0 x 4'-0 MOCK-UPS

FOR OWNER & DESIGN PROFESSIONAL REVIEW & APPROVAL.

5A PROVIDE FULL HEIGHT P.E. MESH WEEPS 24" O.C. MAX. (WEEP VENTS BY MORTAR NET

SOLUTIONS, COLOR TO MATCH EXISTING). SET WEEPS DIRECTLY ON S.S. FLASHING.

ENSURE MORTAR IS REMOVED FROM BASE OF WEEP ONCE JOINT IS STRUCK.

5B PROVIDE NEW CONT. MORTARNET, MORTAR DROPPINGS COLLECTION DEVICE BY

`MORTAR NET SOLUTIONS, 1" THICK, AT BASE OF CAVITY. SET MORTARNET DIRECTLY

ON FLASHING.

6 ONCE WALL IS CONSTRUCTED, PROVIDE NEW CONTINUOUS 2x12 WOOD BLOCKING

ACROSS WALL. MODIFY/RIP 2x12 TO FIT FLUSH AT BOTH INT. AND EXT. F.O. NEW WALL.

PROVIDE NEW FASTENERS FROM WD. BLOCKING INTO CMU BELOW. WRAP NEW BLOCKING

w/ CCW-705.

6A PROVIDE NEW METAL COPING SYSTEM, PERMASNAP BY OMG ROOFING

(FORMERLY HICKMAN).

7 PROVIDE 2-COAT COATING SYSTEM, CONPROLASTIC BY CONPROCO, ON BACK OF CMU.

APPLY FULL HEIGHT DOWN TO NEW S.S. FLASHING. BRUSH OR ROLLER APPLY COATING

FROM TOP OF CMU DOWN TO FLASHING. PROVIDE NEW CONT. SILICONE SEALANT 864 NST

BY PECORA AT JOINT.

8 UPON COMPLETION OF WALL, REINSTALL (E) LIGHTNING PROTECTION SYSTEM ACROSS

COPING. INSTALL RODS & BASES SET IN BED OF SEALANT. DO NOT FASTEN THROUGH NEW

COPING. ENSURE ALL POROPER CONNECTIONS BACK TO MAIN SYSTEM PER. NFPA 780.

9 REMOVE (E) LIMESTONE HEADERS AND STEEL ANGLES. PROVIDE NEW LIMESTONE AND

CONTINUOUS STEEL ANGLE. SECURE STEEL TO (E) CONCRETE. NEW LIMESTONE TO BE SAME

SIZE, COLOR & TEXTURE AS EXISTING.

10. CONTRACTOR TO VERIFY ALIGNMENT OF NEW PARAPET HEIGHT TO ORIGINAL. CONTRACTOR

TO PREP EXISTING WALL FOR NEW PARAPET, INCLUDING MAKE REPAIRS OF DAMAGED BRICK,

POINTING, REMOVAL OF RESIDUAL SEALANTS, ETC.

11. PROVIDE NEW VERTICAL 1/2" WIDE CONTROL JOINT THROUGH BRICK MASONRY WALL AT

PARAPET. CLEAN & PREP NEW JOINT TO ACCEPT NEW BACKER ROD & SILICONE SEALANT,

FULL HGT OF NEW JOINT. PROVIDE 864NST BY PECORA. FOLLOW ALL MANUF. INSTALLATION

GUIDELINES.

12. PROVIDE NEW VERTICAL 1/2" WIDE CONTROL JOINT THROUGH BRICK & CMU MASONRY AT

PARAPET. CLEAN & PREP NEW JOINT TO ACCEPT NEW BACKER ROD & SEALANT SEALANT,

FULL HGT OF NEW JOINT. PROVIDE 864NST BY PECORA AT EXT FACE OF BRICK. PROVIDE

SYSTEM JOINT FILLER CCW-201 AT CMU. FOLLOW ALL MANUF. INSTALLATION GUIDELINES.

SCALE:

4

R-1

PARTIAL WEST ELEVATION

1/4" = 1'-0"

H1 (OPP HAND) H2 H2

1

1

R-2

10

1

8

"±

V.I.F

.

7

1

2

"

3'-8

1

2

"±

V.I.F

.

11'-1" ±

V.I.F.

11'-1" ±

V.I.F.



SEE NOTE 10

PROVIDE NEW METAL COPING

SYSTEM. SEE NOTE 6A

PROVIDE NEW BRICK & CMU

PARAPET. SEE NOTES 1 - 8

REMOVE (E) LIMESTONE.

PROVIDE NEW LIMESTONE

HEADERS. SEE NOTE 9

STONE TO STONE JT TO ALIGN

W/ ℄ OF PIER. TYP

9'-10" ±

V.I.F.

2

R-1

3

R-1

TYPTYP

6

R-2

REVEAL TO ALIGN W/ ℄ OF

WINDOW. TYP.

SCALE:

3

R-1

LIMESTONE END HEADER (H1)

3/4" = 1'-0"

10"

11'-1"±

8"

3"

8"±

2"

5"±

5"±

10"±

5

8

" Ø

1

2

"

10"±

1

2

"

EQ. EQ.

5

8

" Ø

10

1

8

"

11'-1"±

PLAN

ELEVATION

A

A

QUANTITY: 10

1

2

"

3"

5"±

3"

9'-10"±

10"±

5

8

" Ø

1

2

"

1

2

"

EQ. EQ.

8"

3"

10"±

5"±

5

8

" Ø

SECTION A-A

SCALE: 3/4"=1'-0"

SECTION B-B

SCALE: 1-1/2"=1'-0"

B B

℄ OF

WINDOW

C

L

SCALE:

2

R-1

LIMESTONE HEADER (H2)

3/4" = 1'-0"

ELEVATION

8"

A

A

ALIGN W/

HOLES IN

EXIST STL ∠ TO

REMAIN, TYP.

9'-10"±

QUANTITY: 1 (AS SHOWN)

1 (OPP HAND)

10

1

8

"

10"±

ALIGN W/

HOLES IN

EXIST STL ∠ TO

REMAIN, TYP.

1

2

"

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d R

esto

ratio

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Inc.

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e b

uilt e

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4/1/2018

IS

SU

ED

F

OR

B

ID

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Date

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Checked

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Drawn

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Designed

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Date

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Project No.

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of

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Phone 484-442-8137 -442-8137 442-8137 -8137 8137 Fax 484-442-8139-442-8139442-8139-81398139

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AutoCAD SHX Text

2017.050

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4/1/2018

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JMY

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JMY

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TPS

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2

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3

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WEST ELEVATION

3'-8

1

2

" ± (E

) &

N

EW

V.I.F

.

1

1

2

"

11

1

2

"±

BARRISEAL-R FLUID-APPLIED

MEMBRANE BY CARLISLE,

EXTEND TO S.S. FLASHING

SEE NOTE 4D

3"

3"

6"

3

4

"

3"

2

1

4

"

3

8

" GAP

6"

(NOM.)

4"

(NOM.)

1

1

4

"

NEW METAL COPING SYSTEM -

PERMASNAP PLUS BY OMG ROOFING

SEE NOTE 6A

NEW REBAR CENTERED IN

NEW SOLID-FILLED CMU

SEE NOTE 4B

NEW

LIMESTONE HEADER

4"

MIN

EM

BE

D

10

1

2

"

PROVIDE PE MORTARNET

AT BASE OF CAVITY. SEE

NOTE 5B

CCW-705 S.A. MEMBRANE

SEE NOTE 4E

NEW 2-COAT COATING SYSTEM

SEE NOTE 7

NEW CONT. SILICONE SEALANT

864 NST BY PECORA

SEE NOTE 7

NEW 22 GA S.S. REGLET FLASHING

w/

1

2

" DRIP EDGE

SEE NOTE 4E

SET .040 MEMB. FLASHING

IN CONT. BED OF MASTIC

SEE NOTE 3

PROVIDE ADJUSTABLE MASONRY

WALL TIES

SEE NOTE 4C

NEW 22 GA S.S. FLASHING

LAP OVER MEMB. FLASH. 4"

MIN. PROVIDE WEEP

SEE NOTE 2

PE MESH WEEP

SEE NOTE 5A

1

2

"

NEW BRICK MASONRY

SEE NOTE 5

NEW REBAR IN

EPOXY GROUT

SEE NOTE 4A

NEW WOOD BLOCKING AT TOP OF WALL

SEE NOTE 6

NEW 6" CMU

SEE NOTE 4

REINSTALL EXIST. LIGHTENING

PROTECTION SYSTEM, SEE NOTE 8

2

R-1

4"

1'-5" ±

SCALE:

1

R-2

TYP. SECTION AT PARAPET

1 1/2" = 1'-0"

1

1

2

"

PROVIDE NEW LEVEL SURFACE

AT TOP OF CONC TO SUPPORT

NEW CMU.

(E) ROOF MEMB TO

REMAIN. CONTRACTOR IS

RESPONSIBLE FOR

INTERFACE W/ & DAMAGE

TO EXIST ROOFING.

PROVIDE NEW 26 GA MTL

FLASHING W/ 4" MIN

UPTURNED LEG & 1/2" DRIP

EDGE

(E) UPTURNED REINF.

CONC SPANDREL BEAM

& SLAB TO REMAIN.

10

1

2

"

3"

10

1

2

"± T

O M

AT

CH

EX

IS

TIN

G

EXIST. BUILDING

TO REMAIN

PROVIDE NEW CONT. BACKER

ROD & SILICONE SEALANT

864 BY PECORA

STOP CMU SHORT TO ALLOW

FOR BRICK RETURN

ALTERNATE BRICK

LENGTH AT EACH

COURSE

ADJUSTABLE MASONRY

WALL TIE, SEE NOTE 4D

1

1

4

"

PROVIDE NEW

COATING SYSTEM

SEE NOTE 7

PROVIDE FLUID-APPLIED WRB

AT F.O. CMU. EXTEND AROUND

TO BACK CORNER AT END OF

WALL, SEE NOTE 5D

SCALE:

4

R-2

PLAN DETAIL AT END OF PARAPET

1 1/2" = 1'-0"

4"

4"

SAW CUT (E) MORTAR JOINT ACROSS TOP

OF NEW COPING. PROVIDE NEW ALUM.

REGLET. EXTEND MTL. DOWN 4" MIN. OVER

NEW COPING w/

1

2

" DRIP EDGE.

1

1

2

"

EXTEND FLASHING IN NEW

WALL AROUND CORNER TO

VERT MASONRY JOINT.

PROVIDE UP-TURNED END DAM

LEG. SEAL W/ MASTIC.

AT BRICK / CMU

PROVIDE NEW

LIMESTONE HEADER. SEE NOTE 9.

4" M

IN

.

PROVIDE PE MORTARNET

AT BASE OF CAVITY

SEE NOTE 6C

1

2

"

NEW MEMB. FLASHING LAP OVER

MEMB. FLASH. 4" MIN. SEE NOTE 3

PROVIDE NEW MEMB FLASHING.

HOLD BACK APPROX 1/2" FROM EXT

F.O. CONC. SET NEW MEMB

FLASHING IN CONT. BED OF

MASTIC. SEE NOTE 3

PROVIDE NEW PE MESH

WEEP. SEE NOTE 6B

PROVIDE TWO CONT. BEADS OF

SEALANT, 864 NST BY PECORA

MAINTAIN (E)

BRICK MASONRY

10

1

8

" ±

(E) CONT. ∠ TO REMAIN CLEAN

FROM RUST AND APPLY ZRC

RUST INHIBITIVE PRIMER.

SCALE:

2

R-2

FLASHING AT BASE OF BRICK

AND NEW LIMESTIONE HEADER

3" = 1'-0"

PROVIDE NEW CONT. MEMB. FLASHING

SEALED TO SUBSTRATE. SEAL ALL

LAPS W/ CONT MASTIC.

PREDRILL NEW HOLES IN

LIMESTONE TO ALIGN WITH (E)

HOLES IN STEEL. (E) HOLES

LOCATED AT 10" O.C. FROM ENDS

OF (E) LIMESTONE HEADER.

REMOVE (E) ANGLE. PROVIDE NEW CONT.

6x6x 5/16" ANGLE GALV. ANCHOR INTO (E)

CONC. STEEL TO STOP AT END OF CMU

WALL. PROVIDE 1-1/2" WIDE SLOTS AT BACK

LEG FASTENER LOCATIONS. SEE NOTE 9.

PROVIDE NEW DOWEL, 5/8"

THREADED ROD. SEAL AT TOP SIDE

OF ANGLE W/ CONT BED OF MASTIC.

3"

EM

BE

D

PROVIDE NEW CONT

SEALANT FILLET BETWEEN

NEW ANGLE & WINDOW.

MATCH COLOR OF

WINDOW (DARK BRONZE).

1

4

"

8"±

V.I.F.

PROVIDE NEW COATING

AT UNDERSIDE OF NEW

STL. PROVIDE COLOR TO

MATCH NEW LIMESTONE.

PROVIDE NEW WEDGE

BOLTS 3'-0" MAX O.C.

PROVIDE 3/4" Ø BOLT W/

MIN 4-1/2" EMBED.

PROVIDE NEW COPING

SYSTEM. EXTEND FLANGE

UP 4" MIN AT MASONRY

RISING WALL. LAP UNDER

REGLET FLASHING 3" MIN.

1

1

2

"

4"

MIN

.

PROVIDE NEW PTD. MTL.

SET IN REGLET 1

1

2

",

SECURE w/ MTL. WEDGES

3"

SCALE:

3

R-2

ELEVATION DETAIL AT END OF PARAPET

1 1/2" = 1'-0"

AT METAL COPING

7

1

2

"

MIN

LA

P

TASK NOTES

1 ALL EXISTING PARAPET BRICK AND MORTAR - REMOVE EXISTING TEMPORARY

PROTECTION AT PARAPET. REMOVE ANY REMAINING PARAPET BRICK AND MORTAR.

CLEAN EXISTING MATERIALS TO ACCEPT NEW MATERIALS.

2 PROVIDE NEW CONTINUOUS 22 GA S.S. FLASHING. SET FULL DEPTH IN 1

1

2

" REGLET.

SECURE w

/ METAL WEDGES. EXTEND DOWN TO WITHIN 4" OF LIMESTONE BELOW.

3 PROVIDE NEW CONTINUOUS .040 MEMBRANE FLASHING. EXTEND UP 4" BEHIND UPPER METAL

FLASHING. SET BASE OF MEMB FLASHING IN CONT. BED OF MASTIC.

4 PROVIDE NEW 6"x8"x12" CMU BACKUP, MASONRY FILLED SOLID w

/ MORTAR. PREPARE

TOP OF (E) CONCRETE TO BE LEVEL.

4A PRE-DRILL CONCRETE 6" DEEP MIN TO ACCEPT NEW NON-SHRINK EPOXY GROUT.

4B PROVIDE NEW # 4 REINFORCING BAR IN CMU WITH MIN 6" EMBED. CMU TO BE GROUTED

SOLID.

4C PROVIDE NEW ADJUSTABLE MASONRY WALL TIES AT F.O. CMU. ENSURE TIES ALIGN w

/ BRICK

JOINTS

/

COURSING. TIE SPACING SHALL BE MAX. 32" HORIZ. AND 18" VERT. w

/ MIN. OF TWO

VERT. TIES IN WALL.

4D PROVIDE NEW FLUID-APPLIED WRB MEMBRANE BARRITECH-VP BY CARLISLE ON EXT. F.O.

CMU WALL. FOLLOW ALL MANUFACTURER'S GUIDELINES FOR PREP. AND INSTALLATION.

4E UPON INSTALLATION OF FIRST COURSE OF CMU, PROVIDE NEW CONT. 22 GA S.S.

FLASHING, SET FULL DEPTH IN 1

1

2

" REGLET. EXTEND FLASHING DOWN OVER EXIST.

COPPER FLASHING 3" MIN. SECURE TOP VERT. LEG OF EXIST. COPPER FLASHING w/

SELF-ADHERED 40 MIL FLASHING, 8" MIN. WIDE, CCW 705 BY CARLISLE.

5 PROVIDE NEW BRICK MASONRY AT PARAPET, COLOR OF BRICK AND MORTAR TO MATCH

EXISTING. EXTEND BRICK UP 3'-4"± FROM LIMESTONE HEADER TO MATCH HEIGHT OF NEW

CMU. PROVIDE NEW MORTAR FULL DEPTH OF BRICK. PROVIDE TWO (2) 4'-0 x 4'-0 MOCK-UPS

FOR OWNER & DESIGN PROFESSIONAL REVIEW & APPROVAL.

5A PROVIDE FULL HEIGHT P.E. MESH WEEPS 24" O.C. MAX. (WEEP VENTS BY MORTAR NET

SOLUTIONS, COLOR TO MATCH EXISTING). SET WEEPS DIRECTLY ON S.S. FLASHING.

ENSURE MORTAR IS REMOVED FROM BASE OF WEEP ONCE JOINT IS STRUCK.

5B PROVIDE NEW CONT. MORTARNET, MORTAR DROPPINGS COLLECTION DEVICE BY

`MORTAR NET SOLUTIONS, 1" THICK, AT BASE OF CAVITY. SET MORTARNET DIRECTLY

ON FLASHING.

6 ONCE WALL IS CONSTRUCTED, PROVIDE NEW CONTINUOUS 2x12 WOOD BLOCKING

ACROSS WALL. MODIFY/RIP 2x12 TO FIT FLUSH AT BOTH INT. AND EXT. F.O. NEW WALL.

PROVIDE NEW FASTENERS FROM WD. BLOCKING INTO CMU BELOW. WRAP NEW BLOCKING

w/ CCW-705.

6A PROVIDE NEW METAL COPING SYSTEM, PERMASNAP BY OMG ROOFING

(FORMERLY HICKMAN).

7 PROVIDE 2-COAT COATING SYSTEM, CONPROLASTIC BY CONPROCO, ON BACK OF CMU.

APPLY FULL HEIGHT DOWN TO NEW S.S. FLASHING. BRUSH OR ROLLER APPLY COATING

FROM TOP OF CMU DOWN TO FLASHING. PROVIDE NEW CONT. SILICONE SEALANT 864 NST

BY PECORA AT JOINT.

8 UPON COMPLETION OF WALL, REINSTALL (E) LIGHTNING PROTECTION SYSTEM ACROSS

COPING. INSTALL RODS & BASES SET IN BED OF SEALANT. DO NOT FASTEN THROUGH NEW

COPING. ENSURE ALL POROPER CONNECTIONS BACK TO MAIN SYSTEM PER. NFPA 780.

9 REMOVE (E) LIMESTONE HEADERS AND STEEL ANGLES. PROVIDE NEW LIMESTONE AND

CONTINUOUS STEEL ANGLE. SECURE STEEL TO (E) CONCRETE. NEW LIMESTONE TO BE SAME

SIZE, COLOR & TEXTURE AS EXISTING.

10. CONTRACTOR TO VERIFY ALIGNMENT OF NEW PARAPET HEIGHT TO ORIGINAL. CONTRACTOR

TO PREP EXISTING WALL FOR NEW PARAPET, INCLUDING MAKE REPAIRS OF DAMAGED BRICK,

POINTING, REMOVAL OF RESIDUAL SEALANTS, ETC.

11. PROVIDE NEW VERTICAL 1/2" WIDE CONTROL JOINT THROUGH BRICK MASONRY WALL AT

PARAPET. CLEAN & PREP NEW JOINT TO ACCEPT NEW BACKER ROD & SILICONE SEALANT,

FULL HGT OF NEW JOINT. PROVIDE 864NST BY PECORA. FOLLOW ALL MANUF. INSTALLATION

GUIDELINES.

12. PROVIDE NEW VERTICAL 1/2" WIDE CONTROL JOINT THROUGH BRICK & CMU MASONRY AT

PARAPET. CLEAN & PREP NEW JOINT TO ACCEPT NEW BACKER ROD & SEALANT SEALANT,

FULL HGT OF NEW JOINT. PROVIDE 864NST BY PECORA AT EXT FACE OF BRICK. PROVIDE

SYSTEM JOINT FILLER CCW-201 AT CMU. FOLLOW ALL MANUF. INSTALLATION GUIDELINES.

SCALE:

6

R-2

VERTICAL CONTROL JOINT IN NEW PARAPET

3" = 1'-0"

PROVIDE NEW CMU

BACKUP

CAVITY

PROVIDE NEW VENEER

BRICK

PROVIDE HOHMANN & BARNARD

DW-10HS GALVANIZED VENEER

ANCHORS @ 16" VERT. ON BACK SIDE

OF JOINT

PROVIDE 3/16" Ø S.S. HILTI KWIK-CON II

SCREWS W/ 1" EMBED.

PROVIDE CLOSED CELL JOINT FILLER

PROVIDE CONT. CLOSED CELL FOAM

BACKER ROD. SEE NOTE 11

PROVIDE CONT. JOINT SEALANT. SEE

NOTE 11

1

2

"

.

PROVIDE CONTROL JOINT IN CMU AT

DESIGNATED LOCATIONS. SEE 1/R-1

AND TASK NOTE 12.

10

1

2

"± T

O M

AT

CH

EX

IS

TIN

G

EXIST. BUILDING

TO REMAIN

PROVIDE NEW CONT. BACKER

ROD & SILICONE SEALANT

864 BY PECORA

PROVIDE NEW WEDGE BOLTS 3'-0"

MAX O.C. PROVIDE 1-1/2" WIDE

SLOTS AT BACK LEG FASTENER

LOCATIONS. DREDRILL & SET 3/4" Ø

BOLT W/ MIN 4-1/2" EMBED.

REMOVE (E) ∠. PROVIDE NEW CONT.

6x6x 5/16" ∠ GALV. ANCHOR INTO (E)

CONC. STEEL TO STOP AT END OF

CMU WALL. SEE NOTE 9.

SCALE:

5

R-2

PLAN DETAIL AT END OF PARAPET

1 1/2" = 1'-0"

AT LIMESTONE HEADER

10

1

8

"

12" MIN

8

1

8

"

(E) CONC TO REMAIN

S he

phar

d R

esto

ratio

n E

ngin

eers

Inc.

C

arin

g fo

r th

e b

uilt e

nviro

nm

en

t

R-2

4/1/2018

IS

SU

ED

F

OR

B

ID

AutoCAD SHX Text

Date

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AutoCAD SHX Text

Checked

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Drawn

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Designed

AutoCAD SHX Text

Date

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Project No.

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of

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Phone 484-442-8137 -442-8137 442-8137 -8137 8137 Fax 484-442-8139-442-8139442-8139-81398139

AutoCAD SHX Text


AutoCAD SHX Text

2017.050

AutoCAD SHX Text

4/1/2018

AutoCAD SHX Text

JMY

AutoCAD SHX Text

JMY

AutoCAD SHX Text

TPS

AutoCAD SHX Text

3

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3

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DETAILS & NOTES