3-Clover Bridge Rep Bid Package.pdf

CONTRACT DOCUMENTS

AND

SPECIFICATIONS

FOR

CLOVER ROAD BRIDGE REPLACEMENT

Located in

TUNKHANNOCK TOWNSHIP

MONROE COUNTY, PENNSYLVANIA

Prepared for:

EMERALD LAKES ASSOCIATION

1112 Glade Drive Long Pond, PA 18334

September 2025

Prepared by:

RKR HESS, A DIVISION OF UTRS, INC.

Civil Engineers, Environmental Engineers, Surveyors 112 North Courtland Street

East Stroudsburg, PA 18301 Telephone (570) 421-1550 Fax (570) 421-6720

RKR Hess Project No. 10647.028

TABLE OF CONTENTS

Tab

INVITATION TO BID

I. INSTRUCTIONS TO BIDDERS 1

II. GENERAL CONDITIONS 2

III. SPECIAL CONDITIONS 3

IV. TECHNICAL SPECIFICATIONS 4

Division 1 – General Requirements Section 01010 – Summary of Work Section 01050 – Startup Section 01095 – Reference Standards and Definitions Section 01210 – Project Management Section 01300 – Submittals Section 01320 – Construction Progress Documentation Section 01770 – Closeout Procedures

Division 2 – Site Construction Section 02000 – Mobilization and Demobilization Section 02110 – Site Clearing Section 02200 – Earthwork Section 02221 – Trenching, Backfilling and Compaction Section 02260 – Excavation Support & Protection Section 02280 – Erosion & Sedimentation Control Section 02320 – Traffic Control Section 02610 - Restoration Section 02611 – Seeding, Mulch & Grass Restoration

Division 3 – Concrete Section 03300 – Cast in Place Concrete Section 03300 – Pre-Cast Concrete

V. APPENDICES 5

APPENDIX A - FORMS AND CERTIFICATES

APPENDIX B – PERMITS AND PERMIT CONDITIONS

APPENDIX C – BORING LOGS

APPENDIX D – ADDENDA (AS APPROPRIATE)

APPENDIX E - CONTRACT DRAWINGS ATTACHED

INVITATION TO BID

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INVITATION TO BID

Emerald Lakes Association (ELA) will receive sealed Bids online via the PennBid Program (http://pennbid.bonfirehub.com) for the following Contract located in Tunkhannock Township, Monroe Co., PA.:

Clover Road Bridge Replacement The Scope of Work under this contract includes demolition and removal of the existing bridge, installation of new precast reinforced concrete culvert, roadway restoration, the installation of new guide rail and other associated work at the road crossings.

Bid proposals will be received online until 3:00 PM local prevailing time on Friday, October 3, 2025 via the PennBid Program (http://pennbid.bonfirehub.com). Bids will be opened online via PennBID at that time over PennBID. The bids summary and recommendation will be reviewed at the ELA Board meeting on Saturday, October 25, 2025.

A non-mandatory pre-bid meeting will be held Tuesday, September 16, 2025, at 10:00 AM at the Emerald Lakes Association Building located at 1112 Glade Drive, Emerald Lakes, PA 18334, followed by a field visit. If inclement weather prevents the field visit the pre-bid meeting will be postponed to Wednesday, September 17, 2025, at 10:00

AM.

Bidding Documents may be viewed and ordered online by registering with PennBid. All Bidding Documents are available at no cost at http://pennbid.bonfirehub.com. Bidder must have the experience and qualifications necessary to perform this work. The Successful bidder is responsible for the PennBid fee. Documents will be available September 3, 2025.

Bid security shall be submitted with each bid, in form of a certified check or bank draft, payable to the order of the Emerald Lakes Association, or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, or cash, in an amount equal to 10 percent (10%) of the total amount bid. If providing a Bid Bond, Bidders shall upload a scanned copy of a fully executed bond as part of the online sealed bid submission. After the Bid Opening and upon request by the Owner, Bidder(s) shall provide an original hard copy of the Bid Bond. If providing security in the form of a certified check, cash or bank money order, security must be delivered to the Owner prior to the Bid Opening date and time.

The successful Bidder will be required to furnish and pay for satisfactory performance and payment bonds, each in the amount of not less than one-hundred percent (100%) of the awarded contract amount. An acceptable surety company is anyone included in the latest of the U.S. Treasury Department Circular 570 listings and authorized by the PA Department of insurance to do business in Pennsylvania. The successful bidder shall be required to submit evidence of insurance coverage with an insurance company having an A.M. Best rating of “A-: Class VII” or better in accordance with the specifications.

Attention is called to the fact that a Non-Collusion Affidavit is required to be submitted as part of each bid.

The ELA Board of Directors reserves the right to reject any or all bids or parts thereof, to waive any technicalities in bidding, and to award the contract it deems in the best interests of the ELA and shall not be required to accept the lowest bid.

EMERALD LAKES ASSOCIATION

Darryl Gamble – ELA General Manager

I. INSTRUCTIONS TO BIDDERS

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I - INSTRUCTIONS TO BIDDERS

REFER TO TECHNICAL SPECIFICATIONS, FOR A SPECIFIC DESCRIPTION OF THE WORK.

101. Intentionally omitted

102. INTERPRETATION OR ADDENDA

No oral interpretation will be made to any Bidder, as to the meaning of the Contract Documents or any part thereof. Every request for such an interpretation shall be made in writing to the Owner. Any inquiry received seven or more days prior to the date fixed for opening of Bids will be given consideration. Every interpretation made to a Bidder will be in the form of an Addendum to the Contract Documents, and when issued, will be electronically posted within PennBid’s “Files” tab at least five days before Bids are opened. In addition, an email notification shall be made to each person holding Contract Documents, but it shall be the Bidder's responsibility to make inquiry as to the Addenda issued. All such Addenda may or may not become part of the Contract but all Bidders shall be bound by such Addenda whether or not accepted by the Owner.

103. INSPECTION OF SITE

Each Bidder shall visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor and should fully inform himself as to the facilities involved, and the difficulties and restrictions attending the performance of the Contract. The Bidder shall contact the Owner or the Professional to schedule a time to perform site inspections. The Bidder should thoroughly examine and familiarize himself with the Contract Drawings, Technical Specifications, and all other Contract Documents. The Contractor, by the execution of the Contract, shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument or to visit the site and acquaint himself with the conditions there existing and the Owner will be justified in rejecting any claim based on facts regarding which he should have been on notice as a result thereof.

104. BIDS

a. All bids will be submitted via the PennBid Program (http://pennbid.bonfirehub.com).

b. Supporting documents including the Bid Guaranty, the Non-Collusion Affidavit, and the Statement of Bidder's Qualifications shall be electronically submitted with the bid.

c. The Owner may consider as irregular any Bid on which there is an alteration of or departure from the Bid Form within PennBid and at his option may reject the same.

d. The basis for each bid shall be the extended cost totals, calculated as indicated in Section 109. Should either the Contractor, Owner or Professional claim a significant difference between estimated quantity and actual quantity installed, the professional shall make the final determination as to the actual revised quantity which will be applied in accordance with Section 109.

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e. The Contract will require the completion of the work according to the Contract Documents and Specifications and the Contract Drawings.

f. Each Bidder shall include in his Bid the following information:

Principals: Firms:

Name Name Home address, including City, Treasury Number State and Zip Code, Address

105. ALTERNATE EQUIPMENT AND MATERIAL ITEMS

The design of improvements proposed under the Clover Road Bridge Replacement Project Contract is based upon the application of various major equipment and material items supplied by specific manufacturers and designated by model number or description on the Contract Drawings. It is not the intent of the Contract Documents and Specifications to contain proprietary, exclusionary, or discriminatory requirements other than those based on performance. If any prospective Bidder shall wish to substitute materials or equipment, which are not listed in the Technical Specifications as an acceptable material or supplier, and which he believes to be equal to those specified (except where single-source equipment has been specified), he shall make a request, in writing, to the Professional for approval of such alternate equipment or materials at least twenty (20) days prior to the date for receiving bids.

If the Professional shall approve of such alternate materials or equipment, an addendum documenting such approval will be issued by the Professional to all prospective Bidders.

Any alternate equipment or materials not approved through the aforementioned process shall be considered to be non-conforming and will limit the successful Bidder to the use or application of specified equipment or materials. Submittals for alternate equipment items shall be reviewed only if they are received from prospective Bidders registered on the list of Plan Holders on record at the Professional’s Office. Submittals from independent, unregistered vendors, manufacturers and subcontractors will not be considered.

The burden of proof of the merit of the proposed item is fully upon the Bidder. Lack of qualifications, suitable project experience or a documented company history in supplying equipment for the purpose intended in the design, shall be deemed reason for disapproval of an alternate by the Professional.

The prospective Bidder shall be fully responsible for submitting enough detailed information, performance data, cut sheets, manufacturer’s specifications, operational data, and experience records necessary to allow for an adequate and timely review by the Professional. The information shall include, but is not limited to:

a. A list of at least five (5) similar installations/applications, in an area of the United States with comparable climate and site conditions. Contact information shall also be provided.

b. A clear indication of any structural, architectural, mechanical, electrical, or plumbing design modifications required to accommodate the alternate equipment.

c. Detailed estimates of operational and maintenance costs, including power consumption, life cycle and routine maintenance costs associated with the alternate equipment.

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Any redesign and re-permitting costs associated with the application or installation of an approved alternate equipment item shall be borne by the prospective Bidder proposing the alternate, and if successful in being awarded the Contract, shall be deducted from the first payment.

The Professional’s decision of approval or disapproval of a proposed alternate equipment or material item shall be final. Acceptance of a proposed alternate equipment or material item does not eliminate the need for Shop Drawing submittals and reviews during construction.

Given the time constraints of the Bidding process and the project schedule, the Professional shall make every effort to review all proposed alternate equipment submittals prior to the Bid opening; however, it is expressly understood that the Professional shall in no way be liable for failure to complete a review in sufficient time for issuance of an Addendum or Disapproval Letter, even if the submittal was received in the timeframe specified above.

106. BID GUARANTY

a. The Bid must be accompanied by a Bid guaranty or Bid Surety, which shall not be less than 10 percent (10%) of the amount of the Bid. At the option of the Bidder, the guaranty may be a certified check, bank draft, cash or a bid bond. The Bid Bond shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570 and authorized to do business in Pennsylvania. The amount of such Bid bond shall be within the maximum amount specified for such Company in said Circular

570. No Bid will be considered unless it is accompanied by the required guaranty. The Bid guaranty shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents.

b. Bid security shall be submitted with each bid, in form of a certified check or bank draft, payable to the order of the Emerald Lakes Association, or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, or cash, in an amount equal to 10 percent (10%) of the total amount bid. If providing a Bid Bond, Bidders shall upload a scanned copy of a fully executed bond as part of the online sealed bid submission. After the Bid Opening and upon request by the Owner, Bidder(s) shall provide an original hard copy of the Bid Bond. If providing security in the form of a certified check, cash or bank money order, security must be delivered to the Owner prior to the Bid Opening date and time.

c. Certified checks or bank drafts and Bid Bonds of unsuccessful Bidders will be returned as soon as practicable after the opening of the Bids. Cash bid guaranty of unsuccessful bidders will be refunded by check to be cut at or before the next scheduled WALPOA Board Meeting after the award of bids.

107. COLLUSIVE AGREEMENTS

a. Each Bidder submitting a Bid to the Owner for any portion of the work contemplated by the documents on which bidding is based shall execute and attach thereto, an affidavit substantially in the form herein provided, to the effect that he has not entered into a collusive agreement with any other person, firm, or corporation in regard to any Bid submitted.

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b. Before executing any subcontract, the successful Bidder shall submit the name of any proposed subcontractor for prior approval and the "Non-Collusion Affidavit of the Subcontractor" as required in the General Conditions.

108. STATEMENT OF BIDDER'S QUALIFICATIONS

a. Each Bidder shall submit on the form furnished for that purpose (a copy of which is included in the Contract Documents), a statement of the Bidder's qualifications with each Bid. This qualification package shall include: his experience record in constructing projects of the type embraced in this Contract; his organization and equipment available for the work contemplated; and when specifically requested by the Owner, a detailed financial statement. The Owner shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the Contract and the Bidder shall furnish the Owner all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the Owner that the Bidder is qualified to carry out properly the terms of the Contract.

b. The bidder shall supply a minimum of three (3) similar projects in the past ten (10) years involving the construction of Culvert Replacements as part of the bidder’s qualifications submission. References shall be included. If the bidder fails to provide adequate qualifications verifying that they have performed similar work (as mentioned above), or it is determined that the experience or performance related to these projects is not comparable to the proposed contract work, this may be deemed as a reason for rejection of the bidder by the OWNER and PROFESSIONAL.

109. UNIT PRICES

The unit price for each of the several items in the proposal of each Bidder shall include its prorata share of overhead and profit so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price Bid represents the total Bid. Any Bid not conforming to this requirement may be rejected as informal. The estimate of quantities shown on the proposal, and in the Contract Documents, is approximate and is shown only as a basis for the calculation upon which the contract award is to be made. The Owner does not assume any responsibility that the quantities as stated will actually be required in the Project construction, nor will the Contractor be allowed to plead misunderstanding, mistake, or deception because of the quantity estimates, or because of the character of the Work, the location, or other conditions, all such claims being expressly waived by the Contractor. The Owner reserves the right to increase, to decrease, or to omit any of the quantities of Work. An increase or decrease in the actual quantities of one or more bid items will not be grounds for granting an increase in the unit prices bid.

110. CORRECTIONS

N/A for PennBid

111. TIME FOR RECEIVING BIDS

See PennBID System.

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112. OPENING OF BIDS

Bids will be opened online via PennBID on Friday, October 3, 2025, at 3:00 PM. The summary of bids and recommendations will be reviewed at the Emerald Lake’s work shop meeting on Saturday, October 11, 2025.

113. WITHDRAWAL OF BIDS

a. Bids may be withdrawn through the PennBID Website at any time prior to the Bid Opening deadline. Once the Bid Opening deadline has passed, Bids can only be withdrawn with the consent of the Owner. The Bid guaranty of any Bidder withdrawing his Bid will be returned promptly.

b. If, within two working days after Bids are opened, any Bidder files a duly signed written notice (must be post marked and mailed to Owner and promptly thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of his Bid, the Bidder may withdraw his Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work.

114. AWARD OF CONTRACT: REJECTION OF BIDS

a. This Contract will be awarded independently to the most responsible Bidder complying with the conditions of the Invitation to Bid and Instructions to Bidders.

The Owner does not have to award the bid to the lowest bidder.

b. The Owner reserves the right to waive or permit cure of any nonmaterial irregularity, defect or informality in any Bid, or to reject any and/or all Bids. Nothing herein shall require the Owner to exercise its discretion to waive any defect, irregularity or informality in any Bid, or to reject any or all Bids. The Owner may elect to undertake any of the above actions as it deems to be in the best interest of the Owner and/or the Project.

c. The Owner reserves the right to consider as unqualified to do the work of general construction or mechanical construction any Bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in each Contract. Further, the Owner reserves the right to consider qualifications and relevant work experience in awarding the Contract.

d. The award of this Contract will be contingent upon the Owner acquiring the necessary Environmental Permits and upon acquiring all required easements and right-of-ways.

e. The Owner will notify all Bidders of the award and return bid sureties to all but the successful Bidder.

115. NOTICE OF INTENT TO AWARD: PERFORMANCE AND PAYMENT

BOND/EXECUTION OF AGREEMENT

a. Within ten (10) days after that Notice and the prescribed forms are received, the successful Bidder shall deliver to the Owner a performance bond and a payment bond

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b. The successful Bidder shall, within the period specified in paragraph "a" above, furnish surety bonds in the penal sum not less than the amount of the Contract as awarded, as security for the faithful performance of the Contract, and for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment or services of any nature including utility and transportation services, employed or used by him in performing the work. Such bonds shall be in the same form as that included in the Contract Documents and shall bear the same date as, or a date subsequent to that of the Agreement. The current power of attorney for the person who signs for any surety company shall be attached to such bonds. These bonds shall be signed by a guaranty or surety company listed in the latest issue of the U.S.

Treasury Circular 570 and authorized to do business in Pennsylvania, and the penal sum shall be within the maximum specified for such company in said Circular 570.

c. The Emerald Lakes Association shall be named as obligee on the performance bond for the Contract. The Contractor and Surety likewise shall be held and firmly bound unto The Emerald Lakes Association as obligee, on any and all maintenance bonds for the full general guaranty period as specified in II. General Conditions, Section 234.

d. Subsequent to the satisfactory compliance with the “Notice of Intent to Award”, and the issuance of a Final Award Notice and within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the Owner an Agreement in the form included in the Contract Documents in such number of copies as the Owner may require.

e. The failure of the successful Bidder to execute such Agreement and/or to supply the required bond or bonds within ten days after the prescribed Notice and/or forms are received, or within such extended period as the Owner may grant based upon reasons determined sufficient by the Owner, shall constitute a default and the Owner may either award the Contract to the next responsible and responsive Bidder or re-advertise for Bids, and may charge against the Bidder the difference between the amount of the Bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the Bid Bond. If a more favorable Bid is received, by readvertising, the defaulting Bidder shall have no claim against the Owner for a refund.

116. CANCELLATION OF CONTRACT

The Owner reserves the right to cancel the Contract awarded anytime prior to the issuance of the Notice to Proceed. If the Contract is cancelled pursuant to this provision, payment will be made only for documented costs of insurance and Surety Bonds actually incurred for the Project. No payment will be made for damages of any kind, including but not limited to overhead and/or lost profits, all such claims for damages being expressly waived by Contractor.

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117. PRE-BID CONFERENCE

A non-mandatory pre-bid meeting for the Contract will be held Tuesday, September 16, 2025 at 10:00 AM at the Emerald Lakes Association Building located at 1112 Glade Drive, Emerald Lakes, PA 18334, followed by a field visit. Directions will be provided upon arrival at the Emerald Lakes Association Building. If inclement weather prevents the field visit the pre-bid meeting will be postponed to Wednesday, September 17, 2025 at 10:00 AM. Bidders are encouraged to attend and participate in the conference.

Attendance is not mandatory. Oral statements made at the meeting shall not be considered legally binding; major questions raised at the meeting shall be responded to by addenda.

END OF SECTION

II. GENERAL CONDITIONS

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II - GENERAL CONDITIONS

201. DEFINITIONS

Wherever used in any of the Contract Documents, the following meanings shall be given to the terms herein defined:

a. The term "Contract" means the Contract executed by the OWNER and the CONTRACTOR, of which these GENERAL CONDITIONS, form a part.

b. The term "OWNER" mean the Emerald Lakes Association, which is authorized to undertake this Contract.

c. The term "CONTRACTOR" means the person, firm, corporation or other legal entity entering into the Contract with the OWNER to perform the work on the Project.

d. The term "Project Area" means the site of the entire Project within which are the specified Contract limits of the improvements contemplated to be constructed in whole or in part under the Contract, including but not limited to lands of the OWNER for the Project as delineated on the Contract Drawings. The “Project Area” is within Tunkhannock Township, Monroe County, Pennsylvania.

e. The terms "PROFESSIONAL" or "ENGINEER" means RKR Hess, a division of UTRS, Inc. or any other person or persons, employed or authorized by said OWNER for the purpose of rendering professional engineering services, related to design and administration of the work embraced in this Contract, the said PROFESSIONAL acting directly or indirectly through any Assistant PROFESSIONAL having general charge of the work or through any assistant having immediate charge of a portion thereof limited by the particular duties entrusted to him. The “PROFESSIONAL” or “ENGINEER” does not and will not have control over or charge of, and will not be responsible in any way for, construction means, methods, procedures, techniques or sequences, or for any aspect of job site safety. These duties are and shall remain the sole responsibility of the CONTRACTOR.

All questions concerning the interpretation of the plans and specifications, the acceptability of materials or work performed, the rate of progress or manner of performing the work, and the final acceptance of the work as performed by the CONTRACTOR, shall be decided by the

PROFESSIONAL.

f. The term "Local Government" means Tunkhannock Township, Monroe County, PA, within which the Project Area is situated, and its respective Officers, Ordinances and Representatives.

g. The term "Contract Documents" means and shall include the following:

Executed Agreement, Addenda, (if any), Invitation to Bid, Instructions to Bidders, Signed Copy of Bid, Notice of Intent to Award, Final Award Notice, Notice to Proceed, General Conditions, General Conditions - Part II, Special Conditions, Technical Specifications, Appendices and Contract Drawings (as listed in the SCHEDULE OF DRAWINGS).

h. The term "Contract Drawings" means the drawings listed in the SCHEDULE OF DRAWINGS.

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i. The term "Technical Specifications" means that part of the Contract Documents which describes, outlines and stipulates: the quality of the materials to be furnished; the quality of workmanship required; and execution method to be performed under this Contract.

j. The term "Addenda" means any changes, revisions or clarifications of the Contract Documents which have been duly issued by the OWNER to prospective Bidders prior to time of receiving Bids.

k. The term “Substantial Completion” defines the point where, in the opinion of the PROFESSIONAL, the work (or a specified part thereof) can be utilized for the purposes for which it was intended and the related facilities are ready for occupation by the OWNER. Individual determinations of “Substantial Completion” for each prime contract may be made at the discretion of the

PROFESSIONAL.

202. SUPERINTENDENCE BY CONTRACTOR

a. Except where the CONTRACTOR is an individual and gives his personal superintendence to the work, the CONTRACTOR shall provide a competent superintendent, satisfactory to the OWNER and the PROFESSIONAL, on the project at all times during working hours with full authority to act for him. The CONTRACTOR shall also provide an adequate staff for the proper coordination and expediting of his work. If in the sole judgment of the OWNER, the superintendent assigned by the CONTRACTOR is not satisfactorily performing under the terms of the Contract Documents, the CONTRACTOR shall replace the superintendent at no additional cost to the OWNER.

b. The CONTRACTOR shall lay out his own work and he shall be responsible for all work executed by him under the Contract. He shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his failure to do so.

203. SUBCONTRACTS

a. The CONTRACTOR shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this Contract, until he has submitted a non-collusion affidavit from the subcontractor in substantially the form shown below and has received written approval of such subcontractor from the OWNER, which approval shall not be unreasonably withheld.

The CONTRACTOR shall be as fully responsible to the OWNER for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.

b. The CONTRACTOR shall cause appropriate provision to be inserted in all subcontracts relative to the work to require compliance by each Subcontractor with the applicable provisions of the Contract for the improvements embraced in this project.

c. Nothing contained in this Contract shall create any contractual relationship between any Subcontractor and the OWNER, nor shall OWNER have any payment obligations of any kind to any subcontractor for any work performed on the Project.

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204. OTHER CONTRACTS

The OWNER may award, or may have awarded, other Contract(s) for additional work, and the CONTRACTOR shall cooperate fully with such other CONTRACTORs, by scheduling his own work with that to be performed under other Contracts as may be directed by the OWNER. The CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other CONTRACTOR as scheduled. The scope of work for the CONTRACTOR on the contract outlined in TECHNICAL SPECIFICATIONS, 01010 Summary of Work.

205. FITTING AND COORDINATION OF THE WORK

The CONTRACTOR shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or materialmen engaged upon this Contract. He shall be prepared to guarantee to each of his subcontractors the locations and measurements which they may require for the fitting of their work to all surrounding work.

206. MUTUAL RESPONSIBILITY OF CONTRACTORS

If, through acts or neglect on the part of the CONTRACTOR, any other CONTRACTOR or any subcontractor shall suffer loss or damage on the work, the CONTRACTOR shall settle with such other CONTRACTOR or subcontractor by agreement or arbitration, if such other CONTRACTOR or subcontractor will so settle. If such other CONTRACTOR or subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been so sustained, the OWNER will notify this CONTRACTOR, who shall defend at his own expense any suit based upon such claim, and, if any judgement or claims against the OWNER shall be allowed, the CONTRACTOR shall pay or satisfy such judgement or claim and pay all costs and expenses in connection therewith, including but not limited to any attorney’s fees incurred by the OWNER.

207. INDEMNIFICATION

a. To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend (at OWNER’s request and through counsel reasonably acceptable to OWNER), and hold harmless the OWNER, PROFESSIONAL and the officers, directors, employees, agents and other consultants of each and any of them, from and against any and all claims, damages, losses, and expenses, including but not limited to attorneys fees and consultant fees, arising out of or resulting from the performance (or non-performance as the case may be) or the Work under the Contract Documents, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only if caused by the willful or negligent acts or omissions of the CONTRACTOR, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. CONTRACTOR’s indemnification obligation shall also extend to any claims brought against the OWNER OR PROFESSIONAL alleging patent infringement or other infringement of intellectual property rights. The indemnification obligations hereunder shall not be limited by the type or amount of damages, or any limits of applicable insurance. The indemnification obligations under this subparagraph shall not be construed to

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negate, abridge, or reduce other rights or obligations of indemnity existing as a matter of law, or pursuant to any other provision or sub-provision of the Contract Documents.

b. The following "Hold Harmless" endorsement shall be considered as part of the Contract:

“The CONTRACTOR shall, during the performance of this work, take necessary precautions and place proper guards for the prevention of accidents, shall keep up all night suitable and sufficient lights in public areas, and shall indemnify and save harmless the OWNER, the PROFESSIONAL, and their employees, representatives, and agents from all claims, suits, and actions and all damage and costs to which they may be put by reasons of death or injury to all persons or property of another resulting from unskillfulness, willfulness, negligence or carelessness in the performance of the work, or in guarding and protecting the same, or from any improper methods, materials, implements or appliances used in performance of the work.”

c. CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER and their agents and employees from and against all claims, damages, losses and expenses including attorneys' fees arising out or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting there from, and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR.

Anyone directly or indirectly employed by them or anyone for whose acts any of them maybe liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

d. In the event and to the extent that a claim is made by an employee of the CONTRACTOR against an indemnitee hereunder, the intent of this Article is that CONTRACTOR shall and it hereby agrees to indemnify the Indemnitees to the same extent as if the claim was made by a non-employee of the CONTRACTOR. Accordingly, in addition to the above provisions, and in order to render the parties' intent and this indemnity agreement fully enforceable, the CONTRACTOR, in an indemnification claim hereunder, hereby expressly and without reservation waives any defense or immunity it may have under any applicable Worker's Compensation Laws or any other statute or judicial decision disallowing or limiting such indemnification and consents to a cause of action for indemnity. Said waiver and consent to indemnification is made irrespective of and specifically waiving any defense or immunity under any statute or judicial decision disallowing or limiting such indemnification.

208. WORK BY OTHERS

a. The OWNER or agents of the OWNER may perform other work related to the project at the site by OWNER's own forces or through other direct contracts which shall contain General Conditions similar to these, or have other work performed by utility OWNERs. The requirements of Section 204 Other Contracts shall apply to such work.

b. General maintenance by the State, the County, the Local Government, the property OWNER, public utilities, and individual property OWNERs around the construction site will be performed according to any existing schedules and will be done at no expense to the contract. The CONTRACTOR shall in no way interfere with the maintenance of the state roadway system or maintenance work by agents of the County or the Local Governments.

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209. PROGRESS SCHEDULE

The CONTRACTOR shall submit for approval, immediately after execution of the Agreement, a carefully prepared Progress Schedule, showing the proposed dates of starting and completing each of the various sections of the work, the anticipated monthly payments to become due the CONTRACTOR, and the accumulated percent of progress each month. Follow the requirements in the Submittals Technical Specifications Section 01300. Once approved, this Progress Schedule shall be binding upon the CONTRACTOR.

210. PAYMENTS TO CONTRACTOR

a. Partial Payments

(1) The CONTRACTOR shall prepare his requisition for partial payment each month and submit it, with the required number of copies, to the PROFESSIONAL for his review and approval. The amount of the payment due the CONTRACTOR shall be determined by adding up the total value of work completed to date and deducting 1. retainage and 2. the amount of all previous payments.

The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the agreement. There will be no payment consideration for the value of materials stored on the site. Retainage shall be withheld from the CONTRACTOR in the amount of ten percent (10%) of the total value of Work completed and approved to date, until fifty percent (50%) of the Work has been completed. When fifty percent (50%) of the Work has been completed, one-half of the amount retained shall be returned to the CONTRACTOR, provided that the PROFESSIONAL approves the Application for Payment, the CONTRACTOR is making satisfactory progress, and there is no specific cause for greater withholding. After fifty percent (50%) of the Work has been completed, the OWNER shall retain five percent (5%) of the value of completed work based on monthly progress payment requests. Copies of all invoices shall be available for inspection of the PROFESSIONAL.

(2) Non Applicable

(3) Monthly or partial payments made by the OWNER to the CONTRACTOR are monies advanced for the purpose of assisting the CONTRACTOR to expedite the work of construction. The CONTRACTOR shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the OWNER. Such payments shall not constitute a waiver of the right of the OWNER to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the OWNER in all details.

b. Final Payment

(1) After final inspection and acceptance by the OWNER of all work under the Contract, the CONTRACTOR shall prepare his requisition for final payment which shall be based upon the carefully measured or computed quantity of each item of work at the applicable unit prices stipulated in the Agreement. Any and all disputes regarding actual quantities incorporated into the Work shall be resolved by the PROFESSIONAL whose decision shall be final. The total amount of the final payment due the CONTRACTOR under this Contract shall be the amount

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computed as described above less all previous payments. Final payment to the CONTRACTOR shall be made subject to his furnishing the OWNER with a release in satisfactory form of all claims against the OWNER arising under and by virtue of his Contract, other than such claims, if any, as may be specifically excepted by the CONTRACTOR from the operation of the release as provided under Section 215 hereof.

(2) The OWNER, before paying the final estimate, may require the CONTRACTOR to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the CONTRACTOR, if the OWNER deems the same necessary in order to protect its interest. The OWNER, however, may, if it deems such action advisable, make payment in part or in full to the CONTRACTOR without requiring the furnishing of such releases or receipts and any payments so made shall in nowise impair the obligations of any surety or sureties furnished under this Contract.

(3) Withholding of any amount due the OWNER under the section entitled "Liquidated Damages", under SPECIAL CONDITIONS, shall be deducted from each subsequent pay request due the CONTRACTOR as the liquidated damages are incurred.

c. Withholding Payments

The OWNER shall have the right (but not the obligation) to withhold from any payment otherwise due the CONTRACTOR, additional retainage in an amount as may be necessary to protect the OWNER from: 1) Claims from third parties based, in whole or in part, upon the actions and/or inactions of CONTRACTOR. 2) For costs incurred (or estimated costs to be incurred) to correct non-conforming Work.3) For amounts due from the CONTRACTOR to any Subcontractor or material supplier for Work performed and material furnished for the Project and not paid for by CONTRACTOR. The foregoing provisions shall be construed solely for the benefit of the OWNER and shall be exercisable wholly within the discretion of the OWNER. Nothing herein shall be construed as requiring the OWNER to withhold any amounts, or to determine or adjust any claims or disputes between the CONTRACTOR and its subcontractors and/or its material suppliers. The failure or refusal of the OWNER to withhold any monies from the CONTRACTOR shall not impair the obligations of any Surety or Sureties under any Bond or Bonds furnished under this Contract.

d. Payments Subject to Submission of Certificates

Each payment to the CONTRACTOR by the OWNER may be made subject to submission by the CONTRACTOR of all written certifications required of him and his subcontractors.

e. Schedule of Payments

Upon recommendation of the ENGINEER and approval of CONTRACTOR's payment request by the OWNER, the OWNER shall transfer, as soon as is practicable, funds for payment. Typically, payments are released approximately 14 days after OWNER’s approval.

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211. CHANGES IN THE WORK

a. The OWNER may make changes in the scope of the work required to be performed by the CONTRACTOR under the Contract by making additions thereto, or by omitting work therefrom, without invalidating the Contract, and without relieving or releasing the CONTRACTOR from any of his obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise.

b. Except for the purpose of affording protection against any emergency endangering life or property, the CONTRACTOR shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the OWNER authorizing the CONTRACTOR to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered.

c. If applicable unit prices are contained in the Agreement (established as a result of either a unit price bid or a Supplemental Schedule of Unit Prices) the OWNER may order the CONTRACTOR to proceed with desired changes in the work, the value of such changes to be determined by the measured quantities involved and the applicable unit prices specified in the Contract in accordance with the section entitled UNIT PRICES under INSTRUCTIONS TO BIDDERS.

d. If applicable unit prices are not contained in the Agreement the OWNER shall, before ordering the CONTRACTOR to proceed with desired changes, request an itemized proposal from him covering the work involved in the change after which the procedure shall be as follows:

(1) If the proposal is acceptable to the OWNER, the ENGINEER will prepare the change order in accordance therewith for acceptance by the CONTRACTOR and

(2) If the proposal is not acceptable and prompt agreement between the two parties cannot be reached, the OWNER may order the CONTRACTOR to proceed with the work on a cost-plus-limited basis. A cost-plus-limited basis is defined as the net cost of the CONTRACTOR's labor, materials and insurance plus fifteen percent (15%) of said net cost to cover overhead and profit, the total cost not to exceed a specified limit.

e. Each change order shall include in its final form:

(1) A detailed description of the change in the work.

(2) The CONTRACTOR's proposal (if any) or a confirmed copy thereof.

(3) A definite statement as to the resulting change in the contract price and/or time.

(4) The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order.

(5) Signatures of the CONTRACTOR and the OWNER.

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f. Signature by the CONTRACTOR on the Change Order shall constitute agreement by the CONTRACTOR as to the change in scope, as well as any corresponding change in Contract Sum and/or Contract Duration. The CONTRACTOR’s refusal to sign a Change Order prepared by or on behalf of the OWNER shall not in any way affect the ability of the OWNER to institute the change, or relieve the CONTRACTOR from executing the change in the performance of its Work.

212. CLAIMS FOR EXTRA COST

a. If the CONTRACTOR claims that any instructions by the Technical Specifications or Contract Drawings, or otherwise, involve extra cost or extension of time, he shall, within ten days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the OWNER and copy to the PROFESSIONAL stating clearly and in detail the basis of his objections. No such claim will be considered unless so made. All additional claims should be clearly specified and justified by comparing actual quantities and unit costs to bid quantities and unit costs.

b. Claims for additional compensation for extra work, due to alleged errors in ground elevations, contour lines, soil borings, or bench marks, will not be recognized unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that the error exists which resulted, or would result, in handling more material, or performing more work, than would be reasonably estimated from the Drawings and maps issued.

c. In the performance and completion of this Contract, the Contractor (to include all Subcontractors of Contractor) shall comply with all Federal, State, and local directives, orders, and/or rules and regulations pertaining to and arising directly or indirectly out of the COVID-19 pandemic. By bidding on and accepting award of this Contract, the Contractor acknowledge that it will complete all Work in the time frame required by the Contract and at the costs set forth in the award of bids to Contractor, and therefore Contractor accepts the foreseeable risk of potential impacts to the Project inclusive of time delays, labor shortages, material shortages, increased labor and material costs resulting directly or indirectly from the COVID-19 pandemic and/or from any and all governmental orders, directives, rules, or regulations which now or hereafter may impact the ability to timely complete the Work (hereinafter “COVID-19 Risk”). Accordingly, Contractor shall make no claims for increased costs of labor or materials due to any contractual principle at law or equity by way of example and not limitation, force majeure, frustration of purpose, contract impossibility, or any provision of this Contract for COVID-19 Risk.

d. Any discrepancies which may be discovered between actual conditions and those represented by the Contract Drawings and maps shall at once be reported to the OWNER in writing and work shall not proceed except at the CONTRACTOR's risk, until written instructions have been received by him from the OWNER.

e. If, on the basis of the available evidence, the OWNER determines that an adjustment of the Contract Price and/or Time is justifiable, the procedures shall be as provided in Section 211 hereof.

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213. TERMINATION DELAYS AND LIQUIDATED DAMAGES

a. Termination of Contract by OWNER

(1) TERMINATION FOR CAUSE. The OWNER may terminate the Contract for cause, upon seven (7) days written notice to CONTRACTOR, should the CONTRACTOR: (a) refuse or fail to supply enough properly-skilled workers or proper materials; (b) fail to prosecute the Work with promptness and diligence; (c) fail to perform the Work in accordance with the Project Schedule; (d) fail to complete the Work or any portion thereof within the time periods required by the Contract Documents; (e) fail to perform the Work in accordance with the Contract Documents or to correct defects therein; (f) fail to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the CONTRACTOR and Subcontractors; (g) disregard laws, ordinances, rules, regulations or orders of a public authority having jurisdiction over the Project; or (h) otherwise fail to perform its obligations under the terms and provisions of the Contract Documents. Upon such termination, the OWNER may take over the Work and prosecute the same to completion by Contract or otherwise, and the CONTRACTOR and its Sureties shall be liable to the OWNER for any additional costs incurred by the OWNER in its Completion of the Work, as well as for liquidated damages for any delay in the Completion of the Work as provided in the Contract Documents. The OWNER may further take possession of, and utilize in completing the Work such materials, tools, equipment and plant as may be on the site of the Project and necessary therefore.