2-Human Services Building Culvert Specifications.pdf

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SPECIFICATIONS AND CONTRACT DOCUMENTS

HUMAN SERVICES BUILDING CULVERT REPLACEMENT

ADAMS COUNTY, PENNSYLVANIA

For The

ADAMS COUNTY

BOARD OF COMMISSIONERS

January 2026

Engineer's Project No. 2792.8.01.01

BIDDERS PLEASE NOTE:

Bidders requesting an explanation or interpretation of the Contract Drawings, specifications, or bidding documents for this project should submit questions online via the “Messages/Public Q&A” feature in PennBid.

Please cite paragraph and page number in communications.

C.S. DAVIDSON, INC.

38 North Duke Street, York, PA 17401 | (717) 846-4805

50 West Middle Street, Gettysburg, PA 17325 | (717) 337-3021 322 North Arch Street, Floor 3, Lancaster, PA 17603 | (717) 481-2991 www.csdavidson.com

INVITATION TO BID

Human Services Building Culvert Replacement

Sealed bids for replacement of the culvert carrying the access drive to the Adams County Human Services Building at 525 Boyds School Road, Gettysburg, PA 17325 will be received online via the PennBid Program (https://pennbid.bonfirehub.com) by the Adams County Board of Commissioners, Adams County, Pennsylvania until 8:00 a.m., Wednesday, March 4, 2026.

The bids will be publicly opened and read electronically, via PennBid’s website, at 8:00 a.m. (prevailing time), same date.

Copies of Bidding Documents for the Human Services Building Culvert Replacement are available online and at no cost at https://pennbid.bonfirehub.com .

A bid bond by acceptable surety or a certified check made payable to Adams County Board of Commissioners in the amount of 10% of the maximum bid must be provided by each bidder with their bid.

Each bidder must be prepared to submit evidence of his qualifications to perform the work.

Notice is hereby given to bidders that this project is subject to the provisions of the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442, P.L. 987), as amended.

Bidders should refer to federal and state statutes, rules and regulations dealing with the prevention of environmental pollution and the preservation of public and natural resources pursuant to PA Act No.

1972-247.

The Contract Time for this project is thirty (30) calendar days.

The Adams County Board of Commissioners reserves the right to accept any bid or reject any or all bids.

The Adams County Board of Commissioners Paula V. Neiman, Chief Clerk Molly R. Mudd, Solicitor

Publish Dates: Thursday, January 29, 2026, and Tuesday, February 3, 2026 https://pennbid.bonfirehub.com/

SEALED BIDS WANTED

Sealed bids for replacement of the culvert carrying the access drive to the Adams County Human Services Building at 525 Boyds School Road, Gettysburg, PA 17325 will be received online via the PennBid Program by the Adams County Board of Commissioners, Adams County, Pennsylvania until 8:00 a.m., Wednesday, March 4, 2026.

The bids will be publicly opened and read electronically, via PennBid’s website, at 8:00 a.m. (prevailing time), same date.

Copies of Bidding Documents for the Human Services Building Culvert Replacement are available online and at no cost at https://pennbid.bonfirehub.com.

A bid bond by acceptable surety or a certified check made payable to the Adams County Board of Commissioners in the amount of 10% of the maximum bid must be provided by each bidder with their bid.

Notice is hereby given to bidders that this project is subject to the provisions of the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442, P.L. 987), as amended.

The Adams County Board of Commissioners reserves the right to accept any bid or reject any or all bids.

The Adams County Board of Commissioners Paula V. Neiman, Chief Clerk Molly R. Mudd, Solicitor

Publish Dates: Thursday, January 29, 2026, and Tuesday, February 3, 2026

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Instructions to Bidders

INSTRUCTIONS TO BIDDERS

Article 1. DEFINED TERMS

1.01 The term "apparent Successful Bidder" means the lowest qualified, responsible Bidder to whom Owner intends to make an award.

Article 2. QUALIFICATIONS OF BIDDERS

2.01 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within five (5) days of Owner's request, written evidence such as financial data, previous experience, and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid contains a representation of Bidder's qualification to do business in the state where the Project is located, or covenant to obtain such qualification prior to award of the Contract.

Article 3. INTERPRETATIONS AND ADDENDA

3.01 All questions about the meaning or intent of the Bidding Documents shall be submitted to Engineer in writing via the “Messages/Public Q&A” feature in PennBid. Replies will be issued by Addenda, posted within the “Bidding Documents” feature in PennBid and an email notification sent to all parties recorded as having received the Bidding Documents. Questions received less than five (5) days prior to the date for opening of bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Article 4. SUBMISSION OF BIDS

4.01 Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) no later than the time and date prescribed.

4.02 Other documentation required to be submitted with the Contract for Construction of a Small Project is described as follows:

a. Required Bid Security in the form of bid bond or certified check.

b. Non-Collusion Affidavit

c. Effective January 1, 2013, all Public Works Construction Contractors and Subcontractors shall comply with the Federal E-verify Program (EVP) operated by the United States Department of Homeland Security:

• All Public Works Contractors or Contractors shall submit and execute a Public Works Employment Verification Form, attached herein, with any bid of $25,000 or greater.

• Subcontractors shall submit a copy of the Public Works Employment Verification Form before any onsite or offsite work begins, unless the combined value of the contractor and the subcontractor work is less than $25,000.

Article 5. BID SECURITY

5.01 Bid Security shall be made payable to Owner in an amount of ten percent (10%) of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond on the attached form.

5.02 The Bid Security of the apparent Successful Bidder will be retained until Owner has executed the Contract for Construction of a Small Project and has been furnished the required Contract Security, whereupon it will be returned.

Article 6. AWARD OF CONTRACT

6.01 Owner reserves the right to reject any and all Bids, to waive any and all informalities, and to negotiate contract terms with the apparent Successful Bidder and the right to disregard all nonconforming, nonresponsive, or conditional Bids.

6.02 In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements and alternates and unit prices if requested in the Contract for Construction of a Small Project. It is the Owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form, but Owner may accept them in any order or combination.

6.03 Owner may conduct such investigations as they deem necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of the Bidders, proposed Subcontractors, and other persons and organizations to do the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

6.04 Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction.

6.05 If the contract is to be awarded, it will be awarded to the lowest responsible and responsive Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

Article 7. SIGNING OF AGREEMENT

7.01 When Owner gives a Notice of Award to the apparent Successful Bidder, within fifteen (15) days thereafter, Contractor shall sign and deliver at least three (3) counterparts to Owner, the required bonds, and Certificates of Insurance. Engineer will deliver the fully executed Contract to the Contractor after the next regularly scheduled public meeting following their signature.

Engineer will identify those portions of the Contract Documents not fully signed by Owner and Contractor and such identification shall be binding on all parties.

Article 8. COPIES OF BIDDING DOCUMENTS

8.01 The Bidding Documents are available for examination online and at no cost at any time via the PennBid Program (https://pennbid.bonfirehub.com).

8.02 Complete sets of Bidding Documents shall be used in preparing Bids. Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

8.03 Owner and Engineer in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

Article 9. REDUCTION IN SCOPE OF WORK

9.01 The Owner fully intends to construct the work for which bids are solicited. However, the Owner specifically reserves the right, which all Bidders acknowledge by submission of a bid, to reduce quantities and/or eliminate portions of the project to meet available finances. Reduction of quantities or elimination of portions of the project will not constitute grounds for additional or compensatory charges to the low bidder.

Article 10. PRE-BID CONFERENCE

10.01 A pre-bid conference has not been scheduled.

K:\279280101\Contract Administration\Specs\C-522 Instruction to Bidders.doc

EJCDC® C-522, Contract for Construction of a Small Project.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.

CONTRACT FOR CONSTRUCTION OF A SMALL PROJECT

Prepared By

Endorsed By

Endorsed By

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Copyright© 2018

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

http://www.ejcdc.org/

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

CONTRACT FOR CONSTRUCTION OF A SMALL PROJECT

This Contract is by and between Adams County Board of Commissioners (Owner) and ________________ (Contractor). Owner and Contractor hereby agree as follows:

ARTICLE 1—THE WORK

1.01 Work

A. Work includes all labor, materials, equipment, services, and documentation necessary to construct the Project defined herein. The Work may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

B. The Contractor shall complete all Work as specified or indicated in the Contract Documents.

The Project is generally described as follows:

1. Human Services Building Culvert Replacement which consists of replacement of the culvert carrying the access drive to Adams County Human services building, including existing structure removal, excavation, concrete headwall installation, pipe replacement, backfill and pavement restoration.

2. The Site of the Work includes property, easements, and designated work areas described in greater detail in the Contract Documents but generally located at 525 Boyds School Road, Gettysburg, PA 17325.

ARTICLE 2—CONTRACT DOCUMENTS

2.01 Intent of Contract Documents

A. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with Owner and Engineer. This Contract constitutes the entire agreement between Owner and Contractor, and supersedes prior negotiations, representations, and agreements, whether written or oral. The Contract Documents are complementary; what is required by one part of the Contract Documents is as binding as if required by other parts of the Contract Documents.

B. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work under the Contract Documents. During the performance of the Work and until final payment, Contractor and Owner shall submit to Engineer all matters in question concerning the requirements of the Contract Documents, or relating to the acceptability of the Work. Engineer will render a written clarification, interpretation, or decision on the issue submitted, or initiate a modification to the Contract Documents.

C. Contractor, and its subcontractors and suppliers, shall not have or acquire any title to or ownership rights to any of the Drawings, Specifications, or other documents (including copies or electronic media versions) prepared by Engineer or its consultants.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

D. Contract Price or Contract Times: References to a change in “Contract Price or Contract Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to

(1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed.

E. Nothing in the Contract Documents creates any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity.

2.02 Contract Documents Defined

A. The Contract Documents consist of the following documents:

1. This Contract for Construction of a Small Project.

2. Performance bond.

3. Payment bond.

4. Specifications as listed in the Specifications Table of Contents.

5. Drawings as listed on the Drawing Sheet Index.

6. Addenda.

7. Exhibits to this Contract (enumerated as follows):

a. Contract Drawings titled “Human Services Building Culvert Replacement” dated December 2025.

b. Technical Provisions, including PennDOT Publication 408.

8. Pennsylvania Prevailing Wage Determination Number 26-00226, dated 01/09/2026.

9. The following, which may be delivered or issued on or after the Effective Date of the Contract:

a. Notice of Award (EJCDC® C-510).

b. Notice to Proceed (EJCDC® C-550).

c. Application for Payment

d. Certificate of Substantial Completion (EJCDC® C-625).

e. Work Change Directives (EJCDC® C-940).

f. Change Orders

g. Field Orders (EJCDC® C-942).

h. Consent of Surety to Final Payment

i. Contractor’s Affidavit Regarding Payments to Laborers, Subcontractors, and for Materials Used on Work.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 3—ENGINEER

3.01 Engineer

A. The Engineer for this Project is: C. S. Davidson, Inc. 50 W. Middle Street, Gettysburg, PA 17325

ARTICLE 4—CONTRACT TIMES

4.01 Contract Times

A. The Work will be substantially complete on or before May 26, 2026, for Alternate 1 or thirty

(30) days after Notice to Proceed is issued, for Alternate 2.

4.02 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence in the performance of the Contract, and that Owner will incur damages if Contractor does not complete the Work according to the requirements of Paragraph 4.01. Because such damages would be difficult and costly to determine, Owner and Contractor agree that as liquidated damages for delay in completion (but not as a penalty) Contractor shall pay Owner $500 for each day that expires after the Contract Time for substantial completion.

4.03 Delays in Contractor’s Progress

A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times or Contract Price.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor or its subcontractors or suppliers.

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times.

D. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor or Contractor’s subcontractors or suppliers.

4.04 Progress Schedules

A. Contractor shall develop a progress schedule and submit it to Engineer for review and comment before starting Work on the Site. Contractor shall modify the schedule in accordance with Engineer’s comments.

B. Contractor shall update and submit the progress schedule to Engineer each month. Owner may withhold payment if Contractor fails to submit the schedule.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 5—CONTRACT PRICE

5.01 Payment

A. The Owner intends to award a Contract for the Base Bid and one of the Alternate Bid Items.

The lowest responsive Bid will be selected as either the lowest of Base Bid plus Alternate Bid No. 1 or the lowest of Base Bid plus Alternate Bid No. 2.

B. Payment will be made in an amount equal to the total of all extended prices for actual Work completed. The extended price is determined by multiplying the unit price times the actual quantity of that Work item completed. Actual quantities installed will be determined by the Engineer.

C. Owner shall pay Contractor, in accordance with the Contract Documents, at the following unit prices for each unit of Work completed for the Base Bid:

Item No. Description Unit Estimated Quantity

Unit Price Extended Price

4201-0001 CLEARING AND GRUBBING,

MODIFIED L.S. 1 JOB $

0204-0100 CLASS 3 EXCAVATION C.Y. 344 $ $

0313-0322 SUPERPAVE ASPHALT MIXTURE

DESIGN, BASE COURSE, PG-64S-22,

<0.3 MILLION ESALS, 25.0 MM MIX,

4” DEPTH S.Y. 109 $ $

0413-0195 SUPERPAVE ASPHALT MIXTURE

DESIGN, WEARING COURSE, PG

64S-22, <0.3 MILLION ESALS, 9.5

MM MIX, 1 ½” DEPTH, SRL-L S.Y. 191 $ $

0460-0001 ASPHALT TACK COAT S.Y. 82 $ $

0491-0019 MILLING OF ASPHALT PAVEMENT

SURFACE, VARIABLE DEPTH, MILLED

MATERIAL RETAINED BY

CONTRACTOR S.Y. 82 $ $

0601-0409 60” THERMOPLASTIC PIPE, GROUP

VI, 15’-2’ FILL L.F. 52 $ $

0608-0001 MOBILIZATION L.S. 1 JOB $

0703-0024 NO. 2A COARSE AGGREGATE C.Y. 66 $ $

0850-0034 ROCK, CLASS R-6 C.Y. 33 $ $

1001-1120 CLASS A CEMENT CONCRETE C.Y. 17 $ $

9000-0009 SOIL EROSION CONTROL L.S. 1 JOB $

9000-0010 SITE RESTORATION L.S. 1 JOB $

Total of all extended prices for Estimated Quantities of Base Bid Work: $

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

D. Owner shall pay Contractor, in accordance with the Contract Documents, at the following unit prices for each unit of Work completed for the Alternate Bid No. 1:

Item No. Description Unit Estimated Quantity

Unit Price Extended Price

4608-0001 ADDITIONAL MOBILIZATION AS

NEEDED TO INSTALL THE NEW

CULVERT OVER THE MEMORIAL

DAY HOLIDAY WEEKEND, MAY 23-

25 L.S. 1 JOB $

4901-0001 MAINTENANCE AND PROTECTION

OF TRAFFIC DURING

CONSTRUCTION, FULL ROADWAY

CLOSURE L.S. 1 JOB $

Total of all extended prices for Estimated Quantities of Alternate No. 1 Bid Work: $

E. Owner shall pay Contractor, in accordance with the Contract Documents, at the following unit prices for each unit of Work completed for the Alternate Bid No. 2:

Item No. Description Unit Estimated Quantity

Unit Price Extended Price

4608-0002 ADDITIONAL MOBILIZATION AS

NEEDED TO INSTALL THE NEW

CULVERT DURING WEEKDAYS WITH

STAGED CONSTRUCTION L.S. 1 JOB $

4901-0002 MAINTENANCE AND PROTECTION

OF TRAFFIC DURING

CONSTRUCTION, MAINTAIN ONE

LANE OF TRAVEL L.S. 1 JOB $

Total of all extended prices for Estimated Quantities of Alternate No. 2 Bid Work: $

ARTICLE 6—BONDS AND INSURANCE

6.01 Bonds

A. When Contractor delivers the signed counterparts of the Contract to Owner, Contractor shall also deliver the performance bond and payment bond to Owner. Each bond must be in an amount equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds must remain in effect until the completion of the correction period specified in Paragraph 7.12 but, in any case, not less than one year after the date when final payment becomes due.

B. Upon request, Owner will provide a copy of the payment bond to any person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

6.02 Insurance

A. When Contractor delivers the signed counterparts of the Contract to Owner, Contractor shall furnish certificates, endorsements, and any other evidence of insurance requested by Owner. Insurance is to be provided by companies that are duly licensed or authorized in the jurisdiction in which the Project is located with a minimum A.M. Best rating of A-VII or better.

Contractor shall provide insurance in accordance with the following:

1. Contractor shall provide coverage for not less than the following amounts, or greater where required by Laws and Regulations:

a. Workers’ Compensation and Employer’s Liability

Workers’ Compensation Statutory Employer’s Liability

Each Accident $500,000.00 Each Employee $500,000.00 Policy Limit $500,000.00

b. Commercial General Liability

General Aggregate $2,000,000.00 Products - Completed Operations Aggregate $2,000,000.00 Personal and Advertising Injury $1,000,000.00 Bodily Injury and Property Damage—Each Occurrence $1,000,000.00

c. Automobile Liability

Combined Single Limit (Bodily Injury and Property Damage) $1,000,000.00

d. Excess or Umbrella Liability

Per Occurrence $2,000,000.00 General Aggregate $2,000,000.00

e. Contractor’s Pollution Liability

Each Occurrence/Claim $1,000,000.00 General Aggregate $1,000,000.00

B. All insurance policies required to be purchased and maintained will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days after notice has been received by the purchasing policyholder. Within three days of receipt of any such notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer.

C. Automobile liability insurance provided by Contractor will be written on an occurrence basis and provide coverage against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

D. Contractor’s commercial general liability policy will be written on a 1996 or later ISO commercial general liability occurrence form and include the following coverages and endorsements:

1. Products and completed operations coverage maintained for three years after final payment;

2. Blanket contractual liability coverage to the extent permitted by law;

3. Broad form property damage coverage; and

4. Severability of interest; underground, explosion, and collapse coverage; personal injury coverage.

E. The Contractor’s commercial general liability and automobile liability, umbrella or excess, and pollution liability policies will include and list Owner and Engineer and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each as additional insureds; and the insurance afforded to these additional insureds will provide primary coverage for all claims covered thereby (including, as applicable, those arising from both ongoing and completed operations) on a non-contributory basis.

1. Additional insured endorsements will include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements.

2. Contractor shall provide ISO Endorsement CG 20 32 07 04, “Additional Insured— Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent for design professional additional insureds.

F. Umbrella or excess liability insurance will be written over the underlying employer’s liability, commercial general liability, and automobile liability insurance. The coverage afforded must be at least as broad as that of each and every one of the underlying policies. Contractor may meet the policy limits specified for employer’s liability, commercial general liability, and automobile liability through the primary policies alone, or through combinations of the primary insurance policy’s policy limits and partial attribution of the policy limits of an umbrella or excess liability policy that is at least as broad in coverage as that of the underlying policy.

G. The Contractor shall provide property insurance covering physical loss or damage during construction to structures, materials, fixtures, and equipment, including those materials, fixtures, or equipment in storage or transit.

H. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner’s termination rights under Article 15.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES

7.01 Contractor’s Means and Methods of Construction

A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

B. If professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor’s expense. Neither Owner nor Engineer has any responsibility with respect to (1) Contractor’s determination of the need for such services,

(2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services.

7.02 Supervision and Superintendence

A. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents.

B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without notice to and approval by the Owner and Engineer except under extraordinary circumstances.

C. Contractor shall maintain good discipline and order at the Site.

D. Except as otherwise required for the safety or protection of the Work or persons or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, Monday through Friday.

7.03 Other Work at the Site

A. In addition to and apart from the Work of the Contractor, other work may occur at or adjacent to the Site. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site.

B. Contractor shall notify Owner, the owners of adjacent property, the owners of underground facilities and other utilities (if the identity of such owners is known to Contractor), and other contractors and utility owners performing work at or adjacent to the Site when Contractor knows that prosecution of the Work may affect them; and Contractor shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress.

7.04 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for everything necessary for the performance, testing, start-up, and completion of the Work.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

B. All materials and equipment incorporated into the Work must be new and of good quality, and be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable supplier, except as otherwise may be provided in the Contract Documents.

7.05 Subcontractors and Suppliers

A. Just as Contractor is responsible for its own acts and omissions, Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor’s employees; of suppliers and subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work. The Contractor’s retention of a subcontractor or supplier for the performance of parts of the Work will not relieve Contractor’s obligation to Owner to perform and complete the Work in accordance with the Contract Documents.

7.06 Licenses, Fees and Permits

A. Contractor shall pay all license fees and royalties and assume all costs incident to performing the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others.

B. Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy, unless otherwise provided in the Contract Documents.

7.07 Laws and Regulations; Taxes

A. Contractor shall give all notices required by, and shall comply with, all local, state, and federal laws and regulations applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any laws or regulations.

B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to laws or regulations, Contractor shall bear all resulting costs and losses, and to the fullest extent permitted by law Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all such claims, costs, losses, and damages.

C. Contractor shall pay all applicable sales, consumer, use, and other similar taxes.

D. Contractor is required to comply with the rules and conditions of the Pennsylvania Department of Labor and Industry Prevailing Minimum Wage Determination Serial No. 26- 00226 dated 01/09/2026, a copy of which is attached hereto.

E. All work shall comply with the requirements stipulated in Permit No. GP110103225-011 issued by the Pennsylvania Department of Environmental Protection, a copy of which is incorporated herewith.

7.08 Record Documents

A. Contractor shall maintain one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved shop drawings in a safe place at the Site. Contractor shall annotate them to show changes made during construction. Contractor shall deliver these record documents to Engineer upon completion of the Work.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

7.09 Safety and Protection

A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work.

B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs.

C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

1. All persons on the Site or who may be affected by the Work;

2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.

D. All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, or anyone for whose acts the Contractor may be liable, will be remedied by Contractor at its expense (except damage or loss attributable to the fault of the Contract Documents or to the acts or omissions of Owner or Engineer and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor).

E. Contractor shall be responsible for coordinating any exchange of safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with laws or regulations.

F. In emergencies affecting the safety or protection of the Work or persons or property at the Site or adjacent thereto, Contractor shall act to prevent damage, injury, or loss. Contractor shall give Engineer prompt notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency, or are required as a result of Contractor’s response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Work Change Directive or Change Order will be issued.

7.10 Submittals

A. Contractor shall review and coordinate shop drawings, samples, and other submittals with the requirements of the Work and the Contract Documents, and shall verify all related field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information. Contractor shall confirm that the submittal is complete with respect to all related data included in the submittal.

B. Shop drawings and samples must bear a stamp or specific written certification that Contractor has satisfied its obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

C. With each shop drawing or sample submittal, Contractor shall give Engineer specific written notification, in a communication separate from the shop drawing or sample, of any variations that the shop drawing or sample may have from the requirements of the Contract Documents.

D. Engineer will provide timely review of submittals. Engineer’s review and approval of submittals will not extend to the means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs.

E. Engineer’s review of shop drawings and samples will be only to determine if the items covered will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole.

F. Engineer’s review and approval of a separate item in a shop drawing or sample does not indicate approval of the assembly in which the item functions.

G. Contractor shall make corrections required by Engineer, return the required number of corrected copies of shop drawings, and submit new samples for review and approval.

Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals.

H. Shop drawings are not Contract Documents.

I. Shop drawings and samples of product data shall be submitted electronically for the following:

1. Precast End Section Shop Drawings

2. Grout Material

3. Paving Mix Design

4. Source of Supply for Aggregate and Erosion & Sedimentation Control Products

5. Staged Construction Plan (Alternate No. 2 only)

7.11 Warranties and Guarantees

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Contractor warrants and represents that all work performed under this Agreement shall be done in a workmanlike manner and in accordance with applicable industry standards. Engineer and its consultants are entitled to rely on Contractor’s warranty and guarantee.

7.12 Correction Period

A. If within one year after the date of substantial completion, any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, or other adjacent areas used by Contractor as permitted by laws and regulations, is found to be defective, then Contractor shall promptly correct any such defective Work and repairs, at no cost to Owner.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

7.13 Indemnification

A. To the fullest extent permitted by law, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from all losses, damages, costs, and judgments (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) arising from third-party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Contractor, any subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable.

ARTICLE 8—OWNER’S RESPONSIBILITIES

8.01 Responsibilities

A. Except as otherwise provided in the Contract Documents, Owner shall issue all communications to Contractor through Engineer.

B. Owner shall make payments to Contractor as provided in this Contract.

C. Owner shall provide the Site and easements required to construct the Project.

D. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed.

E. Owner shall furnish copies of any applicable Owner safety programs to Contractor.

F. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, unless stated elsewhere in the Contract Documents, Owner shall have sole authority and responsibility for such coordination.

G. Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or for related safety precautions and programs, or for any failure of Contractor to comply with laws and regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 9—ENGINEER’S STATUS DURING CONSTRUCTION

9.01 Engineer’s Status

A. Engineer will be Owner’s representative during construction.

B. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility, or the undertaking, exercise, or performance of any authority or responsibility by Engineer, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, its subcontractors, suppliers, or sureties, or to any employee or agent of any of them.

C. Engineer will make visits to the Site at intervals appropriate to the various stages of construction. Engineer will not be required to make exhaustive or continuous inspections to check the quality or quantity of the Work.

D. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or for related safety precautions and programs, or for any failure of Contractor to comply with laws and regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

ARTICLE 10—CHANGES IN THE WORK

10.01 Authority to Change the Work

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work.

10.02 Change Orders

A. Owner and Contractor shall execute appropriate Change Orders covering:

1. Changes in Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. Changes in the Work which are: (a) ordered by Owner or (b) agreed to by the parties or

(c) resulting from the Engineer’s decision, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and

3. Changes in the Contract Price or Contract Times or other changes which embody the substance of any final binding results under Article 12.

B. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

10.03 Work Change Directive

A. A Work Change Directive may be issued to Contractor ordering an addition, deletion, or revision in the Work. A Work Change Directive will not change the Contract Price or Contract Times, but is evidence that the parties expect that the modification ordered or documented by the Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on Contract Price or Contract Times.

10.04 Field Orders

A. Engineer may issue a Field Order to authorize minor changes in the Work, provided that the changes do not involve an adjustment in the Contract Price or Contract Times.

B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then Contractor shall request such adjustment before proceeding with the Work.

ARTICLE 11—DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

11.01 Differing Site Conditions Process

A. If Contractor believes that any subsurface or physical condition (including but not limited to utilities or other underground facilities) that is uncovered or revealed at the Site either

(1) differs materially from that shown or indicated in the Contract Documents, or (2) is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents, then Contractor shall promptly notify Owner and Engineer about such condition. Contractor shall not further disturb such condition or perform any Work in connection with the condition (except with respect to an emergency) until receipt of authorization to do so.

1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if Contractor knew of, or should have known of, the existence of the condition prior to entry into the Contract.

B. After receipt of notice regarding a possible differing subsurface or physical condition, Engineer will promptly:

1. Review the condition in question;

2. Determine if it is necessary for Owner to obtain additional exploration or tests with respect to the condition;

3. Determine whether the condition falls within one of the two differing site condition categories described in Paragraph 11.01.A.;

4. Obtain any pertinent cost or schedule information from Contractor;

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

5. Advise Owner of Engineer’s findings, conclusions, and recommendations, including recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question, the need for any change in the Drawings or Specifications, and possible Contract Price or Contract Times adjustments.

C. After receipt of Engineer’s findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part, and granting any equitable adjustment in Contract Times or Contract Price to which Contractor is entitled.

ARTICLE 12—CLAIMS AND DISPUTE RESOLUTION

12.01 Claims Process

A. The party submitting a claim shall deliver it directly to the other party to the Contract and the Engineer promptly (but in no event later than 10 days) after the start of the event giving rise thereto.

B. The party receiving a claim shall review it thoroughly, giving full consideration to its merits.

The two parties shall seek to resolve the claim through the exchange of information and direct negotiations. All actions taken on a claim must be stated in writing and submitted to the other party.

C. If efforts to resolve a claim are not successful, the party receiving the claim may deny it by giving notice of denial to the other party. If the receiving party does not take action on the claim within 45 days, the claim is deemed denied.

D. If the dispute is not resolved to the satisfaction of the parties, Owner or Contractor shall give notice to the other party of the intent to submit the dispute to a court of competent jurisdiction unless the Owner and Contractor both agree to an alternative dispute resolution process.

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