1-20012-2026.1 BID DOCUMENTS SR 309.pdf

SUBCONTRACT BIDDING DOCUMENTS

FOR

MAINTENANCE AND PROTECTION OF TRAFFIC SERVICES

NBIS INSPECTION OF

SR 309 MAINLINE & RAMP BRIDGES OVER SUSQUEHANNA RIVER

SPRING & FALL 2026

PENNDOT AGREEMENT NUMBER: E04578

SAI CONTRACT NUMBER: 20012-2026.1

TO

SAI CONSULTING ENGINEERS, INC.

TWO LEMOYNE DRIVE, SUITE 101

LEMOYNE, PA 17043

MARCH 2026

SPRING AND FALL 2026

TABLE OF CONTENTS

Page

Bidding Requirements

Invitation to Bid ........................................................................................................... i

Project Description ...................................................................................................... ii

Project Schedule ............................................................................ PS-1 through PS-2

Instructions to Bidders ...................................................................... IB-1 through IB-4

Bid Forms ..................................................................................... BF-1 through BF-10

Contract Forms

Contract Agreement ....................................................................... CA-1 through CA-2

Conditions of the Contract

General Conditions ....................................................................... GC-1 through GC-7

Exhibits ............................................................................................................. A, B, C

Specifications

Special Requirements .......................................................................................... SR-1

Attachments

Location Map, Bridge Photos, and Drawings i

Invitation to Bid

MAINTENANCE AND PROTECTION OF TRAFFIC SERVICES

PENNDOT AGREEMENT NUMBER: E04598

You are invited to provide a bid on Contract to provide maintenance and protection of traffic services for the inspection of three (3) State-Owned Bridges in Luzerne County, Pennsylvania. Bids shall be on a unit price basis.

The Work is anticipated to include nine (9) days to begin in May 2026 and resume in October and November 2026. Weekend work is not planned but may be required in the event of inclement weather.

SAI Consulting Engineers, Inc. will receive Bids electronically via the PennBid Program (https://pennbid.bonfirehub.com) until 11:00 a.m. prevailing time on March 26, 2026.

Bids received after this time will not be accepted. The Bid documents are available at no cost via the PennBid Program. The completed, signed bid forms and required attachments must be uploaded to the PennBid site in pdf file format. The total bid prices for each contract must also be entered into PennBid. Questions pertaining to any discrepancies or ambiguities in the Bid documents shall be directed to: PennBid – Messages/Vendor Discussions.

SAI Consulting Engineers, Inc. reserves the right to waive irregularities and to reject any and all bids.

ii

PROJECT DESCRIPTION

SAI Consulting Engineers, Inc. has been retained by the Pennsylvania Department of Transportation to provide engineering services for the NBIS inspection of three (3) State-Owned Bridge in Luzerne County, Pennsylvania. Services are required for this work in the form of:

Maintenance and Protection of Traffic (MPT) On/Under Structure.

Bridge List

SAI Bridge No.

Bridge Name, County, and BMS Bridge Key.

Bridge Type and Size

FC4-30 SR 309 Mainline Over Susquehanna River, SR 2004 and LS Railroad, Luzerne County Bridge Key 23880

Thirteen (13) steel multi-girder approach spans Four (4) welded steel deck girder main spans 37.2’ curb-curb roadway width, 2,278’ structure length.

(May 2026 Full Routine Inspection), (Nov 2026 Partial Inspection)

FC4-31 SR 309 SB Off-Ramp Over Susquehanna River, and LS Railroad, Luzerne County Bridge Key 41004

Four (4) continuous welded steel deck girder spans Three (3) steel multi-girder approach spans 25.0’ curb-curb roadway width, 1,062’ structure length

FC4-32 SR 309 NB On-Ramp Over Susquehanna River, and LS Railroad, Luzerne County Bridge Key 41005

Four (4) continuous welded steel deck girder spans One (1) steel multi-girder approach span

25.0 Curb-curb roadway width

820’ structure length.

PROJECT SCHEDULE

PS-1

PROJECT SCHEDULE

Work to Begin On: May 2026

Duration of Project: May, October, November 2026 (See next page)

Days of Week on Which Work is to be Performed: Monday - Friday, Saturday/Sunday*

Working Time Per Day: 8:00 am to 4:00 pm 9:00 am to 3:00 pm Allowable Lane Closure times (Working Time Per Day may vary as directed by the Engineer or PennDOT Regional Traffic Management Center)

* Weekend work will be avoided if possible but may be required at times.

See next page, PS-2, for tentative schedules. This schedule matches the PennDOT District 4-0 underbridge crane schedule. Weather permitting these dates must be adhered to. This schedule may be modified or adjusted by the Engineer to meet project requirements.

The following Non-Work Holidays apply:

May 22, 2026, through May 26, 2026 (Memorial Day) November 25, 2026, through November 30, 2026 (Thanksgiving)

PS-2

SAI Bridge No.

Days

Month BRKEY Feature Intersected Notes

FC4-30

May 23880

SR 309 Mainline Over Susquehanna River, SR 2004 and LS Railroad May 18-21

SR 309 Mainline Over SR 2004, (River St.)

May 18-21, one day at conclusion of top side MPT

FC4-32 2

October 41005 SR 309 NB On Ramp Over Susquehanna River and LS

Railroad October 26-27

FC4-31 2

October 41004 SR 309 SB Off Ramp Over Susquehanna River and LS

Railroad October 28-29

FC4-30 1

November 23880 SR 309 Mainline Over

Susquehanna River, SR 2004 and LS Railroad

November 2

INSTRUCTIONS TO BIDDERS

IB-1

INSTRUCTIONS TO BIDDERS

A. GENERAL

All bids shall conform strictly with all requirements set forth in the Instructions to Bidders. Bid documents are available at no cost via the PennBid Program (https://pennbid.bonfirehub.com)

B. EXAMINATION OF SITE AND LOCAL CONDITIONS

(1) As a complete understanding of the nature and extent of the Work required, as well as all conditions and limitations that affect its execution and the submission of a Bid thereof, it is essential that Bidders visit the Site of the Work, examine all of the Contract Documents, and fully inform themselves as to the locations, the extent of the Work as revealed by field conditions, and all matters whatsoever which can, in any way, affect the complete carrying out of the Work or the cost thereof.

(2) Any failure of a Bidder to acquaint themselves with all available information concerning aforesaid conditions will not relieve Bidder from sole responsibility for estimating properly the difficulty or cost of successfully performing the Work if awarded the Contract therefore.

C. INTERPRETATIONS DURING BIDDING

(1) Questions pertaining to any discrepancies or ambiguities in the Documents shall be directed to:

PennBid – Messages/Vendor Discussions

(2) No oral interpretations will be given to any Bidder as to the meaning of the Documents. All questions, discrepancies and/or interpretations will be posted on PennBID as an Addendum and such all Addenda shall become part of the Contract Documents. No Addendum will be posted after three (3) days before bids are due.

(3) Each Bidder shall acknowledge the receipt of each individual Addendum in the space provided in the Bid Forms.

D. SUBSTITUTION OF EQUIPMENT

Substitution of equipment is not permitted without approval of the Engineer.

Request for substitution must be made in writing on the Substitution Request

IB-2

Form attached herein (Exhibit C). Substitution Request Forms shall be submitted to the Engineer. Substitution Request Forms will not be accepted after five (5) days prior to opening of Bids. Bidders will be notified of acceptance of substitutions by Addendum. The Engineer may reject any and all requests for substitution at his discretion. Incomplete or ambiguous requests will be rejected.

E. TYPE OF BID

Unit Price Bid

F. PREPARATION AND SUBMITTAL OF BID

(1) Complete and submit the following Bid Forms in PDF format to PennBid:

Bid Form Schedule of Prices for Specified Equipment and Services Summary of Prices for Specified Equipment and Services Anti-collusion Affidavit

(2) SAI Consulting Engineers, Inc. will receive Bids electronically via the PennBid Program (https://pennbid.bonfirehub.com) until 11:00 a.m. prevailing time on March 26, 2026. Bids received after this time will not be accepted. The Bid documents are available at no cost via the PennBid Program. The completed, signed bid forms and required attachments must be uploaded to the PennBid site in pdf file format. The total bid prices for each contract must also be entered into PennBid. Questions pertaining to any discrepancies or ambiguities in the Bid documents shall be directed to: PennBid – Messages/Vendor Discussions.

G. BOND REQUIREMENTS

No bonds are required for this Contract.

H. MODIFICATION OR WITHDRAWAL OF BID

The Bidder may modify or withdraw the Bid in PennBid prior to opening as set forth in the Invitation to Bid.

I. DISQUALIFICATION OF BIDDERS

(1) Failure, refusal, or neglect of Bidder to submit the required information, or failure to qualify as a responsible Bidder in the judgment of the Engineer, shall constitute sufficient grounds for rejection of the Bid.

(2) Bids may be rejected if they show any omission, alteration of form, additions or deductions not called for, conditional or uninvited alternate bids, or other irregularities of any kind.

IB-3

(3) The Engineer reserves the right to reject any and all Bids, to waive technical defects, and to accept or reject any part of any Bid if, in its judgment, the best interests of the Engineer will be served thereby. In acting on Bid, cash discounts will not be considered.

J. APPLICABLE LAWS

The Contractor shall abide by Federal, State, and Local regulations, as well as the requirements set forth in the Federal and State Non-discrimination Clauses that are included in the General Conditions attached herein.

K. PRE-BID MEETINGS

No pre-bid meeting will be scheduled for this Work.

L. LIQUIDATED DAMAGES

Liquidated damages will not be assessed as part of this Contract Agreement.

M. OPENING OF BIDS

The Bid awards will be posted via PennBid. After bid opening, the time of which is listed in the Invitation to Bid, a public notice will be issued via PennBid containing any available bid results. It should be noted that bid results are subject to further review and should not be construed as issuance of an award.

N. EVALUATION AND CONSIDERATION OF BIDS

1) The Contract will be awarded to the lowest responsible bidder following approval by the Department (as defined in the General Conditions).

(2) The Engineer reserves the right to waive any technicalities or informalities in any Quote/Bid or to reject any or all Quotes/Bids.

O. EXECUTION OF CONTRACT

The Bidder to whom the Contract is awarded shall properly execute the Contract Agreement entering into a Contract with the Engineer within five (5) calendar days after receipt of the award. No Bids or awards shall be binding upon the Engineer unless and until the Contract Documents are properly executed.

P. EVIDENCE OF INSURANCE

(1) The Bidder to whom the Contract is awarded shall, within five (5) days after the award, furnish to the Engineer satisfactory evidence of insurance as required in Section 12 of the General Conditions.

(2) The Engineer and the Department shall be named as additional insureds under the Bodily Injury and Property Damage Insurance policies by

IB-4

endorsements thereto, and such insurance shall be primary to any other insurance maintained by the Engineer or the Department.

Q. INFORMATION AVAILABLE TO BIDDERS

Location map, photos and drawings are included in the Attachments to assist the bidder. Do not consider any of the information on the existing project supplied in plans, drawings, specifications, or reports made available by SAI Consulting Engineers, Inc. or its agents as positive representations of the conditions that will be encountered in the field.

BID FORM

BF-1

BID FORM

Project Identification: MAINTENANCE AND PROTECTION OF TRAFFIC

SERVICES FOR

NBIS INSPECTION OF SR 309 MAINLINE & RAMP

BRIDGES OVER SUSQUEHANNA RIVER

Bid To: SAI Consulting Engineers, Inc.

Two Lemoyne, Suite 101 Lemoyne, PA 17043

Hereinafter called ENGINEER

Bid From: __________________________

Hereinafter called BIDDER

1. The undersigned BIDDER agrees, if this Bid is accepted, to enter in an Agreement with ENGINEER, in the form included in the Bidding Documents, to perform and furnish the Work as specified or indicated in the Bidding Documents for the Bid Price and in accordance with the Project Schedule as indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

a. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening;

b. The ENGINEER has the right to reject this Bid;

c. BIDDER will sign and submit the Contract Agreement with other documents required by the Bidding Requirements within five (5) days after the date of ENGINEER’s Notice of Award of the Contract;

d. BIDDER has examined all the Bidding Documents;

e. BIDDER has had the opportunity to visit the site and become familiar with the general, local, and site conditions;

f. BIDDER is familiar with federal, state, and local laws and regulations;

g. BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site and drawings, if any, identified in the Bidding Documents, and additional examinations of data with the Bidding Documents;

h. This Bid is genuine and not made in the interest of or on behalf of an undisclosed person, firm, or corporation and is not submitted in conformity with an agreement or rules of a group, association, organization, or corporation;

BIDDER has not directly or indirectly induced or solicited another BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced a person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself an advantage over another Bidder or over ENGINEER;

BF-2

i. BIDDER has received the following Addenda, receipt of which is hereby acknowledged:

Date Number

3. BIDDER will complete the Work in accordance with the Contract Documents for the unit prices listed on the Schedule of Prices.

ALTERNATES

No alternates will be accepted without prior approval of the ENGINEER.

4. BIDDER agrees that the Work will be performed in a manner as set forth in the

General Conditions in accordance with the Project Schedule included in these documents.

It is imperative that the required services and equipment be provided and in place during the time frame indicated on the enclosed Project Schedule. Failure to provide adequate equipment and services in accordance with the established schedule will result in liquidated damages as set forth in the Contract Agreement.

5. The following documents are attached to and made a condition of this Bid:

Page No.

a. Show-up Time/No-work Notification BF-4

b. Schedule of Prices BF-5

c. Summary of Prices BF-9

d. Anti-collusion Affidavit BF-10

BF-3

Submitted on ________________________________, 20_______

By__________________________________________ (Seal)

(Firm Name)

(Name of Person Authorized to Sign)

(Business Address)

(Telephone Number)

(Witness)

BF-4

SHOW-UP TIME/NO-WORK NOTIFICATION

4 Hours of labor paid for show-up time in the event that notification for cancellation of work for that day is given after the limitation given below.

12 Hours for notification of no-work day prior to the agreed-upon start time for no labor or equipment charges.

BF-5

Bridge FC4-30 (May) - SR 309 Bridge Mainline

Estimated Quantity *

Special Requirements Unit Price/Unit Price

Item No.**

Description **

4 Days 400

Maintenance and Protection of Traffic On Structure According to PATA Series 400 series (402-A, 404-A, 406-A or 407-A)

Includes two Shadow Vehicles with TMAs & two PCMS.

$ ________ / Day $ ___________

1 Day 123

Maintenance and Protection of Traffic Under Structure According to PATA 123- A

Shadow Vehicle denoted as “Optional” in PATA 123-A is to be provided with TMA optional

To be on same day as Item 400

$ ________ / Day $ ___________

Total Structure Price: $ _________

* Quantities are estimated and are provided for bidding purposes only. The engineer may alter or adjust any quantity or special requirements as necessary to meet the project schedule and/or conditions.

** See Special Requirements.

Bridge Keys 23880

BF-6

Bridge FC4-32 - SR 309 NB On-Ramp

Quantity *

Special Requirements Unit Price/Unit Price

Item

2 Days 400

Structure According to PATA Series 400 series (402-A, 404-A, 406-A or 407-A)

Includes two Shadow Vehicles with TMAs & two PCMS.

Quantities are estimated and are provided for bidding purposes only. The engineer may

Bridge Key 41005

BF-7

Bridge FC4-31 - SR 309 SB Off-Ramp

Quantity *

Special Requirements Unit Price/Unit Price

Item

2 Days 400

Structure According to PATA Series 400 series (402-A, 404-A, 406-A or 407-A)

Includes two Shadow Vehicles with TMAs & two PCMS.

41004

BF-8

Bridge FC4-30 (Nov) - SR 309 Bridge Mainline

Quantity *

Special Requirements Unit Price/Unit Price

Item

1 Day 400

Structure According to PATA Series 400 series (402-A, 404-A, 406-A or 407-A)

Includes two Shadow Vehicles with TMAs & two PCMS.

23880

BF-9

MAINTENANCE AND PROTECTION OF TRAFFIC SERVICES FOR

NBIS INSPECTION OF

SR 309 MAINLINE & RAMP BRIDGES OVER SUSQUEHANNA RIVER

SPRING & FALL 2026

Summary of Prices for Specified Equipment and Services

SAI Bridge No. Total Structure Price

FC4-30 (May) $

FC4-32 $

FC4-31 $

FC4-30 (Nov) $

Contract Total Price $

To be entered into PennBid

BF-10

ANTI-COLLUSION AFFIDAVIT

State of ___________________________

County of __________________________

The undersigned deponent deposes and says that he is the of the ___________________ Company; that he is authorized to make this affidavit on behalf of said company; and that the said company has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

(Contractor)

By

Sworn to and subscribed before me the undersigned notary public this

___________________________ day of ________________________________, 20_______

Notary Public

My Commission expires

CONTRACT FORM

CA-1

MAINTENANCE AND PROTECTION OF TRAFFIC SERVICES FOR

SR 309 MAINLINE & RAMP BRIDGES OVER SUSQUEHANNA RIVER

SPRING & FALL 2026

CONTRACT AGREEMENT

THIS AGREEMENT, made this ____________ day of ___________, 2026, between

Two Lemoyne Drive, Suite 101 Lemoyne, PA 17043 hereinafter called “ENGINEER,” and

_______________________________________(Name)

_______________________________________(Address) hereinafter called “CONTRACTOR.”

The ENGINEER is performing bridge inspection services for the client specified in the Invitation to provide a Bid, hereinafter referred to as the “DEPARTMENT.”

Whereas, the ENGINEER desires to subcontract to the Contractor for and in consideration of the payment or payments hereinafter specified and agreed to. The CONTRACTOR hereby covenants and agrees to perform all services and work, hereinafter referred to as the “WORK,” necessary to assist the bridge inspection and furnish all tools, equipment, materials, supplies, transportation, labor, supervision, and all other items necessary or proper for completion of said WORK, not otherwise provided for.

Now, therefore, in consideration of the terms and conditions hereinafter set forth, it is mutually agreed by and between the parties hereto as follows:

1. The Contract Documents consist of the Instructions to Bidders, Bid Form, Contract Agreement, General Conditions, Project Schedule, Special Requirements, and all Addenda issued prior to execution of this Agreement and all Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein.

2. The CONTRACTOR shall perform all WORK required by the Contract Documents.

CA-2

3. The WORK to be performed under this Contract shall be performed in accordance with the Project Schedule included in the Contract Documents.

4. The ENGINEER shall pay the CONTRACTOR for the WORK completed and accepted in accordance with the Unit Prices or Lump Sums stipulated in the Contractor’s Bid Form dated ______________________________.

5. Payment for the completed WORK will be made by the ENGINEER in accordance with the terms and conditions for such compensation as stipulated in the General Conditions of the Contract.

6. If the date of signature of this Agreement by either party is different than that first written above, the latest date of signature shall apply to the provisions of this Contract.

7. Liquidated damages are not anticipated for this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, attested, and ensealed by their proper officials, pursuant to due and legal action authorizing the same to be done, the day and year first above written.

ENGINEER CONTRACTOR

By By (sign in ink) (sign in ink)*

Name Typed Name

Title Title

Date Date

Attest_______________________________

Attest:

Date Date

Note: *The following signatures, in ink, are required for legal execution of Contract

Documents:

(1) For Corporations: President or Vice President plus Secretary or

Treasurer or their assistants.

(2) For Partnerships: General Partner plus Witness

(3) For Sole Proprietors: Owner plus Witness.

CONDITIONS OF CONTRACT

GENERAL CONDITIONS

GC-1

GENERAL CONDITIONS

FOR

MAINTENANCE AND PROTECTION OF TRAFFIC SERVICES

It is agreed between the maintenance and protection of traffic services contractor (hereinafter called the Contractor) and SAI Consulting Engineers, Inc. (hereinafter called the Engineer) that the following requirements, conditions, and provisions are a part of and incorporated in the Bid and Contract for Maintenance and Protection of Traffic Services. The Engineer is performing bridge inspection services for the client specified in the Invitation to Bid hereinafter referred to as the “Department.”

1. Award of Contract

The offer of Bid for Maintenance and Protection of Traffic Services shall be deemed to be accepted by the Engineer upon his issuance of Notice of Award of Contract to the Contractor. Upon receipt of Notice of Award of Contract, Contractor shall, within five (5) days of said receipt, deliver the required executed Contract Agreement and insurance certificates to the Engineer, and proceed with the work. It is expressly understood between the parties that the execution of the Contract on the part of the Engineer and delivery to the Contractor shall constitute a valid and binding Contract without further acknowledgment by the Contractor.

2. Subcontracts

The Contractor shall not assign, subcontract, sublet, transfer, or revoke any right, duty, privilege, or undertaking herein provided without the written consent of the Engineer.

3. Indemnification

The Contractor shall indemnify and save harmless the Department and the Engineer against all liability for all claims, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) for injury or damages arising out of an occurrence to persons, including wrongful death, and to property, which may arise from operations under this Contract, whether such operations be by themselves or any subcontractor or anyone directly or indirectly employed by either of them, including sole negligence of the Department, their employees, or agents, during the period from the date of commencement of the work until the completion of the contract.

GC-2

4. Maintenance and Protection of Traffic Services

Maintenance and Protection of Traffic Services shall be provided and completed to the satisfaction of the Engineer or its duly authorized representative in accordance with the terms of the Contract Documents, and all Work required in said Contract Documents shall be coordinated with the inspection activities of the Engineer.

5. Engineer’s Right to Carry Out Work

In the event the Contractor shall fail to complete any part or all of the Work required in accordance with the Project Schedule, the Contractor agrees that the Engineer may, without further notice to the Contractor, have such Work completed in such a manner and under such terms as will best serve the interest of the Engineer, and the Contractor shall be liable for and shall pay to the Engineer all costs and expenses in excess of the Contract price herein set forth, expended by reason of the failure of the Contractor to comply with the terms of this Contract.

6. Specifications

The following stipulations, specifications, special requirements, and descriptions of the Work are defined and described as Specifications, and it is understood and agreed that everything herein contained is hereby made a part of the Contract.

7. Engineer

Wherever in these specifications the word “Engineer” is used, it refers to SAI Consulting Engineers, Inc. and/or its duly authorized representative.

8. Contract Documents

The term “Contract Documents” shall have the meaning set forth in the Contract Agreement.

9. Intent of Specifications

Any question as to the intent or meaning of these specifications shall be referred in writing to the Engineer, whose interpretation and decision shall be final and binding on all parties.

10. Points Not Covered

Wherever any feature of the Work is not fully set forth in these specifications, it must be understood that the same shall be governed by the rules of the best prevailing practice for that class of Work as determined by the Engineer.

GC-3

11. Equipment and Transportation

The Contractor shall furnish at his expense all transportation, labor, tools, machinery, and appliances of all kinds necessary for executing and completing in the best manner the Work called for herein.

12. Insurance/Injury to Persons

The Contractor shall be responsible for all injury to persons or damage to property, either directly or indirectly, that may result from their operations, or from operations of any Subcontractor. The Contractor shall obtain and pay for such insurance as will protect them, the Engineer and the Department, from claims under the Workers’ Compensation Act and from any other claims for damages for personal injury, including death, or for damages to property, either real or personal, which may arise from operations under this Contract, whether such operations be by themselves or by any person directly or indirectly employed by them. The Contractor shall effect and maintain the following insurance in companies or through agents acceptable to the Engineer:

The Engineer together with any other entities required by the Legal Agreement shall be added as additional insureds, under the Contractor’s Comprehensive General Liability Policy and Commercial Auto policy, including Completed Operations Insurance.

Coverage shall be primary, with the Engineer’s and others’, as noted above, insurance to be non-contributory and excess over the Contractor’s coverage.

All policies shall be endorsed to waive the Contractor’s rights of subrogation against Engineer and the Department.

Prior to beginning work, insurance certificates that comply with the requirements shall be furnished to the Engineer’s Project Manager.

Not less than thirty (30) days’ written notice to the Engineer is required of any cancellation or reduction of limits in the policy.

The Contractor shall not perform any work until all insurances are in place. The Contractor shall submit a Certificate of Insurance identifying the project number on the certificate of insurance with the following minimum requirements identified below (unless waived or amended in writing).

a. “Workers’ Compensation Insurance” including Employer’s Liability Insurance in accordance with the laws of the State in which the project is located.

Employer’s Liability Insurance shall have a limit of not less than One Hundred Thousand Dollars ($100,000).

b. “Comprehensive Bodily Injury Liability Insurance” including coverage on Personal Injury Basis and “Comprehensive Property Damage Insurance” not less than One Million Dollars ($1,000,000) combined single limit. Coverage must include Contractual Liability Insurance for work performed within 50 feet of any Railroad Hazard.

GC-4

c. “Comprehensive Automobile Bodily Injury and Property Damage Insurance” not less than Five Hundred Thousand Dollar limit ($500,000) each occurrence for personal injury and Five Hundred Thousand Dollar limit ($500,000) each occurrence for property damage. The limits of liability above may be satisfied with a combined single limit of One Million Dollars ($1,000,000) per occurrence for injury to persons and damage to property. This insurance shall cover all automotive vehicles owned or hired by the Contractor and used on this Contract.

d. “Contractual Liability Insurance” which specifically covers Section 3 of the General Conditions of this Contract.

e. “Completed Operations Insurance.” The Contractor shall take out and maintain during the life of this Contract, or shall cause to be taken out and maintained, Comprehensive General Liability Insurance as shall protect them performing the Work covered by this Contract from claims for damages for injury to persons, including wrongful death, and for damage to property which may arise from the operations under this Contract, whether such operations be by the Contractor or by any Subcontractor or by anyone directly or indirectly employed by either the Contractor or the Subcontractor.

f. Coverage for Crane Services. Should Subcontractor’s work include providing Crane Services:

The Commercial General Liability policy must provide the minimum limits of liability specified above to insure against bodily injury and property damage arising from such crane operations and over the road coverage, if applicable.

Coverage included for rented, leased, and borrowed equipment at full equipment value, if applicable.

No Exclusion for Cranes and Rigging.

g. Marine Services. Should Contractor’s work include providing Marine Services, such policy or policies of insurance mentioned above shall also include coverage for the benefits as set forth under the U.S. Longshoremen and Harbor Workers’ Compensation Act, the Jones Act and other Federal laws where applicable. Contractor warrants that it shall, during the entire period of its performance of this Agreement, maintain the following insurance at its sole cost and expense:

• Protection and Indemnity Insurance with a combined single limit of not less than $1,000,000 Dollars.

• Workers’ Compensation Jones Act/Crew Maritime.

Certificates of Insurance:

The Contractor shall provide to the Engineer, prior to commencing the Work, Certificates of Insurance evidencing the required insurance. They shall also provide Certificates of Insurance evidencing the renewal of such policies of insurance that expires during the term of this Contract. The certificates shall provide that the insurance company will inform the Engineer in writing, by certified mail, thirty (30) days prior to the termination of the policy and prior to any alterations made in the policy which alterations change, restrict, or reduce the insurance provided or change the name of the insured. Such certificates shall, in

GC-5

addition to the information relative to the insurance required, contain the following:

1) Inception and expiration dates of insurance policy.

2) Limits of liability provided (Public Liability and Property Damage).

3) Coverage provided, including special hazards if required.

4) Name of insurance company.

5) Policy number.

6) Additional interests covered.

7) Statement that the explosion, collapse, and underground exclusions do not apply.

8) Certificate to reflect self-insured retention applicable to any contract of insurance.

9) Excess liability contracts certified to meet State underwriting insurance requirements.

10) Project number and nature of the Work.

The Comprehensive General Liability Policy shall include, but not be limited to, the following: coverage for contractual liability on a broad-form basis or contractual liability specifically covering this Contract between the Contractor and the Engineer;

coverage for Contractor’s Protective Liability; Property Damage coverage commonly referred to as “Broad-Form” Property Damage; coverage for completed operations (if the completed operations insurance is written on a claims-made form, the policy shall be endorsed to extend the discovery period two (2) years beyond the acceptance by the Department of the Work performed under this Contract);

coverage for explosion, collapse, and underground damage; and a provision naming the Engineer and the Department as additional insureds in the policy, with right of notice.

The Contractor shall carry Comprehensive Liability Insurance covering all owned and non-owned automobiles.

The Contractor shall carry Workers’ Compensation Insurance as required by law or shall submit evidence that he has qualified with the State’s Department of Labor and Industry where the Work is being done as a self-insurer. No program of self-insured retention shall apply to any of the foregoing coverages without prior approval of the Department.

No request for approval of any Subcontractor will be entertained for consideration by the Engineer unless the Contractor shall submit to the Engineer with their request for the approval of such Subcontractor, Certificates of Insurance evidencing that the Subcontractor has complied with all of the above insurance requirements of this Contract applicable to Public Liability and Workers’ Compensation Insurance

No certificate will be accepted which exculpates the issuer or reduces any right conferred on the Engineer by the above certificates, nor will they be accepted unless the certificates bear the signature of a direct representative of an insurance company authorized to do business in the state.

The Contractor shall report and pay all Old Age Benefits, Social Security Taxes, GC-6

Unemployment Compensation, and other insurance as required by State and Federal laws.

13. Bonds

No bonds are required for this Contract.

14. Supervision and Manner of Prosecuting

The Work shall be prosecuted in a manner best calculated to promote rapidity in Work execution, and to secure safety of life and property. The Contractor shall be completely and solely responsible for the safe procedures and programs incidental to the performance of this Contract. The Contractor shall be represented on this job at all times by a competent supervisor.

15. Permits and Regulations

All permits, of whatever nature, necessary for the prosecution of this Work shall be obtained by the Contractor at his expense, and he shall comply with all existing regulations relating to his operations. Railroad right-of-entry permits will be obtained by the Engineer.

16. Clean-up

After completing the Work, the Contractor shall promptly remove all equipment and material brought by him to the site unless otherwise directed.

17. Basis of Payment

This Work will be paid for at the Contract Unit Prices specified herein.

18. Manner of Payment

Payment shall be made to the Contractor based upon monthly certified invoices submitted to the Engineer by the Contractor and after payment to the Engineer by the Department. Contractor’s invoices shall contain supporting documentation as required by the Engineer and shall be subject to audit by the Engineer and/or the Department.

19. Final Payment

Upon satisfactory completion of the Work and when it is found that the Work is acceptable under the Contract and the Contract fully performed, an Application for Release of Final Payment, along with a final certified invoice, shall be submitted to the Engineer. Upon receipt from the Contractor of the final invoice, the Engineer

GC-7

shall pay the Contractor the balance stated due him in the final invoice as set forth in the Manner of Payment stated herein.

All prior estimates and payments, including those relating to extra work, shall be subject to correction in the final invoice. The Engineer need not make final payment to the Contractor until the Contractor has submitted to the Engineer a complete release of all liens arising out of the Contract or receipts in full from Subcontractors and persons furnishing labor or materials for the Work, accompanied by the Contractor’s affidavit to the effect that, to the best of his knowledge and information, the releases and receipts cover all labor and materials supplied and all payments due Subcontractors. If any Subcontractor refuses to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the Engineer to guarantee payment of the claim of such Subcontractor.

The making of Final Payment shall constitute a waiver of all claims by the Engineer other than those arising from unsettled liens or unpaid Subcontractor, labor, and material. The acceptance of Final Payment by the Contractor shall constitute a waiver of all claims by the Contractor, except those previously made in writing to the Engineer which are still unsettled.

20. Termination

This Contract is subject to termination at any time by the Engineer. In the event of such termination, the Contractor shall be paid an equitable amount based upon the quantities actually furnished at the unit prices stipulated in this Contract to the date of termination.

21. Employee Non-Discrimination

In order to implement the Civil Rights Acts of 1964 in accordance with Title 15, Code of Federal Regulations, Part 8, it is necessary that the Contractor agree to conform to Exhibits “A” and “B” attached.

EXHIBITS

Exhibit “A”

NON-DISCRIMINATION CLAUSE

During this term of this Contract, Contractor agrees as follows:

1. Contractor shall not discriminate against any employee, applicant for employment, independent contractor, or any other person because of race, color, religious creed, ancestry, national origin, age, or sex. Contractor shall take affirmative action to ensure that all applicants are employed, and that employees or agents are treated during employment without regard to their race, color, religious creed, ancestry, national origin, age, or sex. Such affirmative action shall include, but is not limited to: employment; upgrading; demotion or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for training.

Contractor shall post in conspicuous places available to employees, agents, applicants for employment, and other persons, a notice to be provided by the contracting agency setting forth the provisions of this non-discrimination clause.

2. Contractor shall, in advertisements or requests for employment placed by it or on its behalf, state that all qualified applicants will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age, or sex.

3. Contractor shall send each labor union or workers’ representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers’ representative of its commitment to this non-discrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by the Contractor.

4. It shall be no defense to a finding of non-compliance with this non-discrimination clause that Contractor had delegated some of its employment practices to any union, training program, or other source of recruitment which prevents it from meeting its obligations.

However, if the evidence indicates that the

Contractor was not put on notice of the third-party discrimination, or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions.

5. Where the practices of a union or any training program or other source of recruitment will result in the exclusion of minority group persons so that the

Contractor will be unable to meet its obligations under this non-discrimination clause, Contractor shall then employ and fill vacancies through other non-discriminatory employment procedures.

6. Contractor shall comply with all State and

Federal laws prohibiting discrimination in hiring or employment opportunities. In the event of

Contractor’s non-compliance with the non-discrimination clause of this Contract or with any such laws, this Contract may be terminated or suspended, in whole or in part, and Contractor may be declared temporarily ineligible for further

Commonwealth Contracts, and other sanctions may be imposed and remedies invoked.

7. Contractor shall furnish all necessary employment documents and records to, and permit access to, its books, records, and accounts by the contracting agency and the Office of Administration, Bureau of

Affirmative Action, for purposes of investigation to ascertain compliance with the provisions of this clause. If Contractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting agency or the Bureau of Affirmative Action.

8. Contractor shall actively recruit minority subcon-tractors or subcontractors with substantial minority representation among their employees.

9. Contractor shall include the provisions of this non-discrimination clause in every subcontract, so that such provisions will be binding upon each subcontractor.

10. Contractor obligations under this clause are limited to the Contractor’s facilities within

Pennsylvania or, where the contract is for purchase of goods manufactured outside of Pennsylvania, the facilities at which such goods are actually produced.

CC-4297 (1-76)

*Not to be used if otherwise included in Construction or Appalachian Contract Provisions.

Exhibit “B”

FEDERAL NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY CLAUSES

(All Federal Aid Contracts)*

1. Selection of Labor:

During the performance of this contract, the contractor shall not discriminate against labor from any other State, possession or territory of the United States.

2. Employment Practices:

During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising;

layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State highway department setting forth the provisions of this nondiscrimination clause.

b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

c. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the State highway department advising the said labor union or workers’ representative of the contractor’s commitment under section 2 and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations (41 CFR, Part 60) and relevant orders of the Secretary of Labor.

e. The contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Federal Highway Administration and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

f. In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or part and the contractor may be declared ineligible for further Government contracts or Federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.

g. The contractor will include the provisions of Section 2 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the State highway department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Federal Highway Administration, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

3. Selection of Subcontractors, Procurement of Materials, and Leasing of Equipment:

CC-4297 (1-76)

Exhibit “B”

During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:

a. Compliance With Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations) which are herein incorporated by reference and made a part of this contract.

b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in the Regulations.

c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin.

d. Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State highway department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives.

Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the State highway department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

e. Sanctions for Noncompliance: In the event of the contractor’s noncompliance with the nondiscrimination provisions of this contract, the State highway department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

(1) withholding of payments to the contractor under the contract until the contractor complies, and/or

(2) cancellation, termination or suspension of the contract, in whole or in part.

f. Incorporation of Provisions: The contractor shall include the provision of this paragraph 3 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontractor or procurement as the State highway department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State highway department to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

Wherever hereinabove the word “contractor” is used, it shall also include the word engineer, consultant, researcher, or other entity (governmental, corporate, or otherwise), its successors and assigns as may be appropriate.

Exhibit “C”

SUBSTITUTION REQUEST

TO:

PROJECT:

SPECIFIED ITEM:

Item No. Description

The undersigned requests consideration of the following:

PROPOSED SUBSTITUTION:

Attached data includes equipment…