1-Contract Documents and Specifications-20260615.pdf

Contract Documents and Specifications

FOR

Borough Hall Memorial Park Phase II Improvements

Borough of Mount Pocono 1361 Pocono Blvd.

Mount Pocono, PA 18344

Date: June 2026 Project #: 313625.003

Table of Contents

SECTION 000110 – TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT & CONTRACTING REQUIREMENTS

BIDDING INSTRUCTIONS

001116 Invitation to Bid

002113.31 Instruction to Bidders

BIDDING DOCUMENTS

004313.31 Bid Bond (Sample AIA-310)

004325 Substitution Request Form

004513.31 Contractor’s Qualifications (Sample AIA-305)

004515 Consent of Surety

004519 Non-Collusion Affidavit

004536 Equal Employment Opportunity Affidavit

004546 PA E-Verify

004560 DCNR Nondiscrimination Sexual Harassment Clause

004597 Bid Submittal Checklist

004600 Workmen’s Compensation Act Affidavit

CONTRACTING REQUIREMENTS

005213.31 Agreement Form (Stipulated Sum – Single-Prime Contract) – (Sample AIA-104)

006113.31 Performance Bond (Sample AIA-312)

006113.33 Payment Bond (Sample AIA-312)

006123 Warranty Bond (Sample AIA-A313)

006276.31 Application for Payment (Sample AIA-G702-703)

007300.1 DCNR Supplemental Conditions

007300.11 DCNR Funding Sign Guidelines

007343 Prevailing Wage Rates

008600 PA Tax Exempt Disclosure

008700.1 DCED Nondiscrimination Sexual Harassment Clause

DIVISION 01 - GENERAL REQUIREMENTS

011000 Summary

012200 Unit Prices

012300 Alternates

012500 Substitution Procedures

012600 Contract Modification Procedures

012900 Payment Procedures

013100 Project Management and Coordination

013300 Submittal Procedures

013510 Mobilization

014000 Quality Requirements

015000.21 Temporary Facilities and Controls

Mount Pocono Borough Borough Hall Memorial Park Phase II Improvements 313625.003

DIVISION 01 - GENERAL REQUIREMENTS – CONT.

017300 Execution

017700 Closeout Procedures

017839 Project Record Documents

019500 PennDOT Publication Coordination

TECHNICAL SPECIFICATIONS

DIVISION 02 – EXISTING CONDITIONS

024119 Selective Demolition

DIVISION 03 – CONCRETE

033000 Cast in Place Concrete

DIVISION 11 – EQUIPMENT

116813 Playground Equipment

DIVISION 31 - EARTHWORK

311000 Site Clearing

312000 Earth Moving

DIVISION 32 – EXTERIOR IMPROVEMENTS

321216 Asphalt Paving

321313 Concrete – Flatwork

321713 Parking Bumpers

321816.13 Playground Protective Surfacing

323113 Chainlink Fences and Gates

323300 Site Furnishings

329113 Soil Preparation

329200 Turf and Grasses

DIVISION 33 - UTILITIES

331000 Water Distribution

333000 Sanitary Sewer

PLANS

TS-1 Title Sheet

EF-1 Existing Features – Demolition Plan

SP-1 Site Plan

GU-1 Grading – Utility Plan

PP-1 Utility Plan and Profile

ES-1 Erosion and Sediment Controls Plan

ES-2 Erosion and Sediment Controls Plan

DE-1 Construction Details

DE-2 Construction Details

Supplemental Plans – Restroom Drawings

Division 00

Procurement &

Contracting Requirements

Bidding Instructions

INVITATION TO BID 001116 - 1

SECTION 001116 – INVITATION TO BID

Notice is hereby given that the Borough of Mount Pocono will receive sealed bids online via the PennBid

Program (http://pennbid.bonfirehub.com) until 3:00 PM prevailing time on Wednesday, July 15, 2026, for the Borough Hall Memorial Park Phase II Improvements. The work includes but is not limited to all labor, materials, tools, equipment, oversight, permits, and inspections required for the construction of a new multipurpose restroom building and paved trail including but not limited to site demolition of items not conducive to the final design, installation of water, electrical, and sanitary sewer utilities from street to building footprint, installation of concrete paving around restroom building and existing pavilion, asphalt paved trail, parking lot mill and overlay, installation of site furnishings, and lawn restoration.

All bidding documents will be available online at no cost via the PennBid Program

(http://pennbid.bonfirehub.com) beginning at 12:00 PM on Monday, June 15, 2026.

Bids must be accompanied by a bid bond with a corporate surety authorized to do business in Pennsylvania, in accordance with the project specifications in the amount of 10% of the total bid amount. A Performance and Payment Bond in the amount of 100% of the contract shall be furnished by the successful bidder as detailed in the Instructions to Bidders. Prevailing Wage Rates shall apply.

Immediately following the due date and time, all bids received through PennBid will be opened online at the Engineer’s Office and referred to the Borough for final award. An abstract of the bids received will be available to bidders on PennBid following the date and time that bids are due as indicated above.

Questions may be submitted through PennBid’s “Messages/Public Q&A” tab on or before 3:00 PM on

Wednesday, July 1, 2026. Responses will be provided via PennBid to all registered parties.

The Borough of Mount Pocono reserves the right to accept or reject any or all bids or portions or to waive any informalities in bidding and to withhold award for a period of sixty days.

On Behalf of the Borough of Mount Pocono

Barry Isett & Associates, Inc.

1170 Hwy. 315, Suite 3

Wilkes-Barre, PA 18702

INSTRUCTION TO BIDDERS 002113.31 - 1

SECTION 002113.31 – INSTRUCTION TO BIDDERS

ARTICLE 1 - DEFINITIONS

1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents.

The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions to

Bidders, the bid form, and other sample bidding and contract forms. The proposed Contract

Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications and all

Addenda issued prior to execution of the Contract.

1.2 Definitions set forth in the General Conditions of the Contract for Construction, AIA Document

A201, or in other Contract Documents are applicable to the Bidding Documents.

1.3 Addenda are written or graphic instruments issued by the Engineer prior to the execution of the

Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections.

1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents.

1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or from which

Work may be deleted for sums stated in Alternate Bids.

1.6 An Allowance is a specified monetary amount identified in the Bidding Documents and stated in the Bid to cover the cost of particular items of Work, materials, equipment, or services.

Allowances are established to ensure that comparable costs are included by all Bidders for designated portions of the Work.

1.7 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding

Documents, is accepted.

1.8 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents.

1.9 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the

Bidding Documents.

1.10 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work.

ARTICLE 2 - BIDDER'S REPRESENTATIONS

2.1 The Bidder by making a Bid represents that:

A. The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that such documentation relates to the Work for which the Bid is submitted, and for other portions of the Project, if any, being bid concurrently or presently under construction.

INSTRUCTION TO BIDDERS 002113.31 - 2

B. The Bid is made in compliance with the Bidding Documents.

C. The Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents.

D. The Bidder has investigated all required fees, permits, and regulatory requirements of authorities having jurisdiction and has properly included in the submitted bid the cost of such fees, permits, and requirements not otherwise indicated as provided by Owner.

E. The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.1 To ensure the Borough selects the most qualified, responsible contactor, bidders shall show evidence of the following:

3.1.1 Financial Standing: You must have sufficient capital, resources, and established financial credit to complete the scope of work.

3.1.2 Technical Ability: You must possess the necessary organization, plant, stock, equipment, and on-site expertise.

3.1.3 Past Performance: You must have a strong history of completing past contracts on time and adhering strictly to design specifications.

3.1.4 Integrity & Ethics: You must have a proven record of honesty, good faith, and compliance with local, state, and federal laws.

3.2 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall complete and submit a properly executed AIA Document A305, Contractor's Qualification Statement.

3.3 A Bidder’s failure to submit required qualification information with the bid, may disqualify Bidder from receiving an award of the Contract.

3.4 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.5 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

3.6 Bidder shall provide record of successful completion of no less than five (5) similar projects within the past three (3) years. Work shall be similar in size and scope. References (project name, location, client, contact information) shall be provided for all projects. Failure to provide such information maybe considered failure to meet the bid submission requirements and be rejected.

ARTICLE 4 - BIDDING DOCUMENTS

4.1 COPIES

A. Bidders may obtain complete sets of the Bidding Documents at no cost, online via the PennBid

Program (https://pennbid.bonfirehub.com)

B. Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor

Engineer assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

INSTRUCTION TO BIDDERS 002113.31 - 3

C. The Owner and Engineer may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding Documents.

4.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

A. The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Engineer errors, inconsistencies or ambiguities discovered.

B. Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request via PennBid’s “Messages /Vendor Discussions” in accordance with the date referenced in the Invitation to Bidders.

C. Interpretations, corrections and changes of the Bidding Documents will be made by Addendum.

Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them.

4.3 SUBSTITUTIONS

A. The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.

Proprietary Items - Contractor may propose an “or equal” product for any item(s) specifically noted on the drawings or within the technical specifications. Contractor shall provide details and submit substitutions to the Engineer for review and approval as set forth in this section.

B. No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Engineer by 3:00 P.M. at least ten days prior to the date for receipt of Bids.

Such requests shall include the enclosed substitution request form, the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation.

A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other contracts that incorporation of the proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. The Engineer's decision of approval or disapproval of a proposed substitution shall be final.

C. If the Engineer approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner.

D. No substitutions will be considered after the Contract award unless specifically provided for in the Contract Documents.

4.4 ADDENDA

A. Addenda will be posted online via PennBid’s “Files” tab and bidder will be notified via email.

B. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid.

INSTRUCTION TO BIDDERS 002113.31 - 4

ARTICLE 5 - BIDDING PROCEDURES

5.1 PREPARATION OF BIDS

A. The Bid Form may be included in the Bidding Documents for Reference. Bidders shall complete the electronic bid form within PennBid’s “Prepare Your Submission” tab.

B. Allowances shall be itemized separately from the Base Bid. Each allowance shall be clearly listed with its corresponding value in the Bid Form. The total of all allowances will be added to the

Base Bid to establish the Base Bid Amount. The Contractor shall not omit or conceal allowances within other line items of the bid. Failure to properly itemize allowances may render the bid nonresponsive.

C. All requested Alternates shall be bid. If no change in the Base Bid is required, enter “0.”

D. Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder's refusal to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other manner.

E. Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the

Bidder. The Bidder shall provide evidence of legal authority to perform within the jurisdiction of the Work. Each copy shall be signed by the person or persons legally authorized to bind the

Bidder to a contract.

A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder.

F. Each Bid shall be accompanied with a list of five (5) closely-related past projects completed by the Bidder within the last three (3) years. This list shall include a description of the work included in the project, the Client, the Client’s contact information, time of completion, and a value of the total construction cost.

5.2 BID SECURITY

A. Each Bid shall be accompanied by a bid security in the form and the amount of 10% of the bid if so stipulated in the Instructions to Bidders. The Bidder pledges to enter into a Contract with the

Owner on the terms stated in the Bid and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with

Section 6.2.

B. If a surety bond is required, it shall be written on AIA Document A310, Bid Bond, unless otherwise provided in the Bidding Documents, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney.

C. The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn or (c) all Bids have been rejected.

INSTRUCTION TO BIDDERS 002113.31 - 5

5.3 CONTRACTOR'S QUALIFICATION STATEMENT

A. Bidders shall submit to the Engineer, upon request, a properly executed AIA Document A305, Contractor's Qualification Statement with attachments as required.

5.4 SUBMISSION OF BIDS

A. Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com).

Bidders shall complete the electronic bid form within PennBid’s “Prepare Your Submission” tab.

B. The bid security, if any, and any other documents required to be submitted with the Bid uploaded to the PennBid’s “Requested Information” tab.

C. The Bidder shall assume full responsibility for timely submission of Bids.

5.5 MODIFICATION OR WITHDRAWAL OF BID

A. A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid.

B. Prior to the time and date designated for receipt of Bids, a submitted Bid may be modified or withdrawn any time within the PennBid Program.

C. Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders.

D. Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted.

ARTICLE 6 - CONSIDERATION OF BIDS

6.1 OPENING OF BIDS

A. Upon receipt of the bids, the bids will be opened electronically. A public notice will be issued via

PennBid containing any available bid results. These results are subject to further review and should not be considered an issuance of an award.

B. At the discretion of the Owner and only if stipulated in the Invitation to Bid, the properly identified Bids received on time will be publicly opened and read aloud. Results will be issued per Article 6.1.A.

6.2 REJECTION OF BIDS

A. The Owner shall have the right to reject any or all Bids. A Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection.

6.3 ACCEPTANCE OF BID (AWARD)

A. It is the intent of the Owner to award a Contract to the lowest-price, most-qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding

INSTRUCTION TO BIDDERS 002113.31 - 6

Documents, does not exceed the funds available, and exhibits as the most qualified Bidder to complete the Work.

B. The municipality shall consider the bidder’s responsibility based on the following characteristics:

judgment; skill; promptness; faithfulness; prompt, skillful, and faithful workmen; the honesty of the contractor; financial standing; reputation; experience; resources; facilities; past history of adherence to plans and specifications; capacity and ability to do the work according to the plans and specifications; availability; and efficiency.

C. The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests.

D. The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted.

ARTICLE 7 – CONTRACT TIMES

7.1 The number of days within which, or the dates by which, Milestones are to be achieved and the

Work is to be substantially completed, and completed and ready for final payment, are set forth in the Agreement.

ARTICLE 8 – LIQUIDATED DAMAGES

8.1 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial

Completion, or completion of the Work in readiness for final payment, are set forth in the

Agreement.

ARTICLE 9 - POST-BID INFORMATION

9.1 OWNER'S FINANCIAL CAPABILITY

A. The Owner shall, at the request of the Bidder to whom award of a Contract is under consideration and no later than seven days prior to the expiration of the time for withdrawal of Bids, furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Unless such reasonable evidence is furnished, the Bidder will not be required to execute the Agreement between the Owner and Contractor.

9.2 SUBMITTALS

A. The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, after notification of selection for the award of a Contract, furnish to the Owner through the Engineer in writing:

1. a designation of the Work to be performed with the Bidder's own forces;

2. names of the manufacturers, products, and the suppliers of principal items or systems of materials and equipment proposed for the Work; and

3. names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work.

INSTRUCTION TO BIDDERS 002113.31 - 7

B. The Bidder will be required to establish to the satisfaction of the Engineer and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents.

C. Prior to the execution of the Contract, the Engineer will notify the Bidder in writing if either the

Owner or Engineer, after due investigation, has reasonable objection to a person or entity proposed by the Bidder.

If the Owner or Engineer has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option, (1) withdraw the Bid or (2) submit an acceptable substitute person or entity with no adjustment in the Base Bid or Alternate Bid occasioned by such substitution. The Owner may accept the adjusted bid or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited.

D. Persons and entities proposed by the Bidder and to whom the Owner and Engineer have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Engineer.

ARTICLE 10 - BONDING AND INSURANCE REQUIREMENTS

10.1 BOND REQUIREMENTS

A. The Bidder shall furnish bonds in 100% of the contract value covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the

Bidder's usual sources.

B. The Contractor shall be required to provide the Owner with a 1-year maintenance bond in the amount of 10% of the awarded contract value after achieving substantial completion.

C. If the Project includes the installation of plant material, the Contractor shall provide a separate bond to cover 100% of the landscape cost (plants and installation) for a period equal to the warranty of the planting or 18 months, if not stated elsewhere.

D. If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. If the furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of such bonds shall be added to the Bid in determining the Contract Sum.

E. If the Owner requires that bonds be secured from other than the Bidder's usual sources, changes in cost will be adjusted as provided in the Contract Documents.

10.2 TIME OF DELIVERY AND FORM OF BONDS

A. The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract. If the Work is to be commenced prior thereto in response to a letter of intent, the Bidder shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section 10.2.

B. The bonds shall be dated on or after the date of the Contract.

C. The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney.

INSTRUCTION TO BIDDERS 002113.31 - 8

10.3 INSURANCE REQUIREMENTS

A. The successful bidder, prior to commencing work, shall provide at his own expense, the following insurance to the Owner, evidenced by certificates of insurance. Each certificate shall require that notice be given, thirty (30) days prior to cancellation or material change in the policies, to Owner and all additional insureds. Nothing contained in this section shall be construed as limiting the extent of the vendor’s responsibility for payment of damages resulting from his operations under the contract.

B. Workers’ Compensation including Occupational Disease and Employer’s Liability Insurance.

C. Statutory – Amounts and coverage as required by Pennsylvania Workmen’s Compensation and

Occupational Disease Laws.

D. Employer’s Liability – As listed in the AIA Standard Form of Agreement Between Owner and

Contractor included in the Contract Documents.

E. Liability – The vendor shall maintain a Commercial General Liability Insurance Policy, using an occurrence form of coverage. The required coverage forms are:

Comprehensive

Premises - Operation

Contractual Insurance

Independent Contractor

The General Liability Policy shall have a minimum limit of liability as listed in the AIA Standard Form of Agreement Between Owner and Contractor included in the Contract Documents.

Automobile Liability coverage with minimum combined single limits as listed in the AIA Standard

Form of Agreement Between Owner and Contractor included in the Contract Documents.

The Contractor shall obtain total minimum coverage limits as listed in the AIA Standard Form of

Agreement Between Owner and Contractor included in the Contract Documents.

10.5 ADDITIONALLY INSURED

A. The vendor, prior to commencing work, shall provide at his own expense, the required insurance to the Engineer and the Owner, evidenced by certificates of insurance. All policies shall name the

Owner (Overfield Township), its officers, agents, employees, Barry Isett & Associates, Inc., the

Pennsylvania Dept. of Conservation and Natural Resources and the Pennsylvania Dept. of

Community and Economic Development as additional insured. This coverage shall be reflected on the Certificates of Insurance.

ARTICLE 11 - PENNSYLVANIA CONSTRUCTION CODE ACT

11.1 Construction must comply with the Act of November 10, 1999 (P.L. 491, No. 45), known as the

Pennsylvania Construction Code Act (35 P.S. Sections 7210.101 et seq.), as implemented by

Department of Labor and Industry regulations, 34 Pa. Code Chapters 401, 403, and 405. Please note that, as of December 2006, Pennsylvania's statewide building code will be referred to as the

INSTRUCTION TO BIDDERS 002113.31 - 9

Uniform Construction Code (UCC). The codes currently in use under the UCC are the 2018

International Codes issued by the International Code Council.

ARTICLE 12 - STEEL PRODUCTS PROCUREMENT ACT

12.1 In accordance with Act No. 3 of the 1978 General Assembly of the Commonwealth of

Pennsylvania, approved March 3, 1978, and as currently amended, if any steel products are to be used or supplied in the performance of the contract, only steel products produced in the United

States as defined therein shall be used or supplied in the performance of the contract or any subcontracts thereunder.

Bidding Documents

SUBSTITUTION REQUEST FORM 004325 - 1

SECTION 004325 – SUBSTITUTION REQUEST FORM

CONTRACTOR:

Name: ______________________________________________________________

Address: ____________________________________________________________

SPECIFICATION SECTION NUMBER AND PARAGRAPH: ______________________________

DRAWING AND DETAILS AFFECTED: _______________________________________________

PROPOSED SUBSTITUTION:

Manufacturer: _______________________________________________________________________

Product (model, pattern, etc.): __________________________________________________________

WHY IS SUBSTITUTION BEING SUBMITTED? (Select 1 of the following):

[ ] Pre-Bid Substitution (Prior Approval) Bid Date

[ ] Specified product is not available. Explain

[ ] Cost saving to Owner. Indicate comparative cost analysis.

[ ] Other. Explain: _________________________________________________________________

EFFECTS OF PROPOSED SUBSTITUTION (Answer the following questions and attach explanations.)

Does substitution affect dimensions indicated on Drawings?

NO _____

YES _____, Explain: _______________________________________________________________

Does substitution affect Work of other Sections?

NO _____

YES _____, Explain: _______________________________________________________________

Does substitution require modifications to design, change to Drawings, or revisions to specifications to be incorporated into the Project?

NO _____

YES _____, Explain): ______________________________________________________________

Attach list of at least 3 projects where proposed substitution has been used within past 12 months include name, address, and telephone number of Owner and Architect/Engineer.

Mount Pocono Borough Borough Hall Memorial Park Phase II Improvements 313625.003 jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle

SUBSTITUTION REQUEST FORM 00 43 25 - 2

CONTRACTOR’S/BIDDERS REPRESENTATION

Reference Division 00 Section “Instructions to Bidders,” subsection 3.3.

Undersigned accepts responsibility for the coordination of proposed substitution and accepts all additional costs from the incorporation of proposed substitution into the Project per Division 01 Section “Substitution Procedures.”

SUBMITTED BY:

CONTRACTOR:

Name: _____________________________________________________________________________

Address: ___________________________________________________________________________

SUBCONTRACTOR:

Signature: __________________________________________________________________________

Date: ______________________________________________________________________________

CONTRACTOR:

Signature: __________________________________________________________________________

Date: ______________________________________________________________________________

FOR ENGINEER’S USE

[ ] ACCEPTED

[ ] NOT ACCEPTED

[ ] NO ACTION REQUIRED

[ ] SUBMISSION:

[ ] INCOMPLETE

[ ] TOO LATE

REVIEWED BY:

Name & Signature: __________________________________________________________________

Date: ______________________________________________________________________________

Mount Pocono Borough Borough Hall Memorial Park Phase II Improvements 313625.003 jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle

AIA

Document A305

� 2020 Exhibit

A

General Information

AIA Document A305 � 2020 Exhibit A. Copyright © 2020. All rights reserved. �The American Institute of Architects,� �American Institute of Architects,�

�AIA,� the AIA Logo, and �AIA Contract Documents� are trademarks of The American Institute of Architects. This draft was produced at 12:49:21

ET on 07/30/2024 under Order No.3104241443 which expires on 03/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1313559097)

ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and

Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

This Exhibit is part of the Contractor�s Qualification Statement, submitted by « » and dated the « » day of « » in the year « »

(In words, indicate day, month and year.)

§ A.1 ORGANIZATION

§ A.1.1 Name and Location § A.1.1.1 Identify the full legal name of your organization.

§ A.1.1.2 List all other names under which your organization currently does business and, for each name, identify jurisdictions in which it is registered to do business under that trade name.

§ A.1.1.3 List all prior names under which your organization has operated and, for each name, indicate the date range and jurisdiction in which it was used.

§ A.1.1.4 Identify the address of your organization�s principal place of business and list all office locations out of which your organization conducts business. If your organization has multiple offices, you may attach an exhibit or refer to a website.

§ A.1.2 Legal Status § A.1.2.1 Identify the legal status under which your organization does business, such as sole proprietorship, partnership, corporation, limited liability corporation, joint venture, or other.

.1 If your organization is a corporation, identify the state in which it is incorporated, the date of incorporation, and its four highest-ranking corporate officers and their titles, as applicable.

.2 If your organization is a partnership, identify its partners and its date of organization.

.3 If your organization is individually owned, identify its owner and date of organization.

AIA Document A305 � 2020 Exhibit A. Copyright © 2020. All rights reserved. �The American Institute of Architects,� �American Institute of Architects,�

�AIA,� the AIA Logo, and �AIA Contract Documents� are trademarks of The American Institute of Architects. This draft was produced at 12:49:21

ET on 07/30/2024 under Order No.3104241443 which expires on 03/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1313559097)

.4 If the form of your organization is other than those listed above, describe it and identify its individual leaders:

§ A.1.2.2 Does your organization own, in whole or in part, any other construction-related businesses? If so, identify and describe those businesses and specify percentage of ownership.

§ A.1.3 Other Information § A.1.3.1 How many years has your organization been in business?

§ A.1.3.2 How many full-time employees work for your organization?

§ A.1.3.3 List your North American Industry Classification System (NAICS) codes and titles. Specify which is your primary NAICS code.

§ A.1.3.4 Indicate whether your organization is certified as a governmentally recognized special business class, such as a minority business enterprise, woman business enterprise, service disabled veteran owned small business, woman owned small business, small business in a HUBZone, or a small disadvantaged business in the 8(a) Business

Development Program. For each, identify the certifying authority and indicate jurisdictions to which such certification applies.

§ A.2 EXPERIENCE

§ A.2.1 Complete Exhibit D to describe up to four projects, either completed or in progress, that are representative of your organization�s experience and capabilities.

§ A.2.2 State your organization�s total dollar value of work currently under contract.

§ A.2.3 Of the amount stated in Section A.2.2, state the dollar value of work that remains to be completed:

§ A.2.4 State your organization�s average annual dollar value of construction work performed during the last five years.

§ A.3 CAPABILITIES

§ A.3.1 List the categories of work that your organization typically self-performs.

§ A.3.2 Identify qualities, accreditations, services, skills, or personnel that you believe differentiate your organization from others.

AIA Document A305 � 2020 Exhibit A. Copyright © 2020. All rights reserved. �The American Institute of Architects,� �American Institute of Architects,�

�AIA,� the AIA Logo, and �AIA Contract Documents� are trademarks of The American Institute of Architects. This draft was produced at 12:49:21

ET on 07/30/2024 under Order No.3104241443 which expires on 03/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1313559097)

§ A.3.3 Does your organization provide design collaboration or pre-construction services? If so, describe those services.

§ A.3.4 Does your organization use building information modeling (BIM)? If so, describe how your organization uses

BIM and identify BIM software that your organization regularly uses.

§ A.3.5 Does your organization use a project management information system? If so, identify that system.

§ A.4 REFERENCES

§ A.4.1 Identify three client references:

(Insert name, organization, and contact information)

§ A.4.2 Identify three architect references:

(Insert name, organization, and contact information)

§ A.4.3 Identify one bank reference:

(Insert name, organization, and contact information)

§ A.4.4 Identify three subcontractor or other trade references:

(Insert name, organization, and contact information)

Document A305

� 2020

Exhibit B

Financial and Performance Information

AIA Document A305 � 2020 Exhibit B. Copyright © 2020. All rights reserved. �The American Institute of Architects,� �American Institute of

Architects,� �AIA,� the AIA Logo, and �AIA Contract Documents� are trademarks of The American Institute of Architects. This draft was produced at 12:49:23 ET on 07/30/2024 under Order No.3104241443 which expires on 03/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1349808201)

ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

This Exhibit is part of the Contractor�s Qualification Statement, submitted by « » and dated the « » day of « » in the year « » (In words, indicate day, month and year.)

§ B.1 FINANCIAL

§ B.1.1 Federal tax identification number:

§ B.1.2 Attach financial statements for the last three years prepared in accordance with Generally Accepted Accounting Principles, including your organization's latest balance sheet and income statement. Also, indicate the name and contact information of the firm that prepared each financial statement.

§ B.1.3 Has your organization, its parent, or a subsidiary, affiliate, or other entity having common ownership or management, been the subject of any bankruptcy proceeding within the last ten years?

§ B.1.4 Identify your organization�s preferred credit rating agency and identification information.

(Identify rating agency, such as Dun and Bradstreet or Equifax, and insert your organization�s identification number or other method of searching your organization�s credit rating with such agency.)

§ B.2 DISPUTES AND DISCIPLINARY ACTIONS

§ B.2.1 Are there any pending or outstanding judgments, arbitration proceedings, bond claims, or lawsuits against your organization, its parent, or a subsidiary, affiliate, or other entity having common ownership or management, or any of the individuals listed in Exhibit A, Section 1.2, in which the amount in dispute is more than $75,000?

(If the answer is yes, provide an explanation.)

§ B.2.2 In the last five years has your organization, its parent, or a subsidiary, affiliate, or other entity having common ownership or management:

(If the answer to any of the questions below is yes, provide an explanation.)

.1 failed to complete work awarded to it?

.2 been terminated for any reason except for an owners� convenience?

AIA Document A305 � 2020 Exhibit B. Copyright © 2020. All rights reserved. �The American Institute of Architects,� �American Institute of

Architects,� �AIA,� the AIA Logo, and �AIA Contract Documents� are trademarks of The American Institute of Architects. This draft was produced at 12:49:23 ET on 07/30/2024 under Order No.3104241443 which expires on 03/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1349808201)

.3 had any judgments, settlements, or awards pertaining to a construction project in which your organization was responsible for more than $75,000?

.4 filed any lawsuits or requested arbitration regarding a construction project?

§ B.2.3 In the last five years, has your organization, its parent, or a subsidiary, affiliate, or other entity having common ownership or management; or any of the individuals listed in Exhibit A Section 1.2:

(If the answer to any of the questions below is yes, provide an explanation.)

.1 been convicted of, or indicted for, a business-related crime?

.2 had any business or professional license subjected to disciplinary action?

.3 been penalized or fined by a state or federal environmental agency?

Document A305

� 2020

Exhibit C

Project Specific Information

AIA Document A305 � 2020 Exhibit C. Copyright © 2020. All rights reserved. �The American Institute of Architects,� �American Institute of

Architects,� �AIA,� the AIA Logo, and �AIA Contract Documents� are trademarks of The American Institute of Architects. This draft was produced at 12:49:25 ET on 07/30/2024 under Order No.3104241443 which expires on 03/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1448294731)

ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

This Exhibit is part of the Contractor�s Qualification Statement, submitted by « » and dated the « » day of « » in the year « »

(In words, indicate day, month and year.)

PROJECT:

(Name and location or address.)

CONTRACTOR’S PROJECT OFFICE:

(Identify the office out of which the contractor proposes to perform the work for the

Project.)

TYPE OF WORK SOUGHT

(Indicate the type of work you are seeking for this Project, such as general contracting, construction manager as constructor, design-build, HVAC subcontracting, electrical subcontracting, plumbing subcontracting, etc.)

CONFLICT OF INTEREST

Describe any conflict of interest your organization, its parent, or a subsidiary, affiliate, or other entity having common ownership or management, or any of the individuals listed in

Exhibit A Section 1.2, may have regarding this Project.

§ C.1 PERFORMANCE OF THE WORK

§ C.1.1 When was the Contractor�s Project Office established?

§ C.1.2 How many full-time field and office staff are respectively employed at the

Contractor�s Project Office?

§ C.1.3 List the business license and contractor license or registration numbers for the

Contractor�s Project Office that pertain to the Project.

§ C.1.4 Identify key personnel from your organization who will be meaningfully involved with work on this Project and indicate (1) their position on the Project team, (2) their office location, (3) their expertise and experience, and (4) projects similar to the Project on which they have worked.

AIA Document A305 � 2020 Exhibit C. Copyright © 2020. All rights reserved. �The American Institute of Architects,� �American Institute of

Architects,� �AIA,� the AIA Logo, and �AIA Contract Documents� are trademarks of The American Institute of Architects. This draft was produced at 12:49:25 ET on 07/30/2024 under Order No.3104241443 which expires on 03/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1448294731)

§ C.1.5 Identify portions of work that you intend to self-perform on this Project.

§ C.1.6 To the extent known, list the subcontractors you intend to use for major portions of work on the Project.

§ C.2 EXPERIENCE RELATED TO THE PROJECT

§ C.2.1 Complete Exhibit D to describe up to four projects performed by the Contractor�s Project Office, either completed or in progress, that are relevant to this Project, such as projects in a similar geographic area or of similar project type. If you have already completed Exhibit D, but want to provide further examples of projects that are relevant to this Project, you may complete Exhibit E.

§ C.2.2 State the total dollar value of work currently under contract at the Contractor�s Project Office:

§ C.2.3 Of the amount stated in Section C.2.2, state the dollar value of work that remains to be completed:

§ C.2.4 State the average annual dollar value of construction work performed by the Contractor�s Project Office during the last five years.

§ C.2.5 List the total number of projects the Contractor�s Project Office has completed in the last five years and state the dollar value of the largest contract the Contractor�s Project Office has completed during that time.

§ C.3 SAFETY PROGRAM AND RECORD

§ C.3.1 Does the Contractor�s Project Office have a written safety program?

§ C.3.2 List all safety-related citations and penalties the Contractor�s Project Office has received in the last three years.

§ C.3.3 Attach the Contractor�s Project Office�s OSHA 300a Summary of Work-Related Injuries and Illnesses form for the last three years.

§ C.3.4 Attach a copy of your insurance agent�s verification letter for your organization�s current workers� compensation experience modification rate and rates for the last three years.

§ C.4 INSURANCE

§ C.4.1 Attach current certificates of insurance for your commercial general liability policy, umbrella insurance policy, and professional liability insurance policy, if any. Identify deductibles or self-insured retentions for your commercial general liability policy.

AIA Document A305 � 2020 Exhibit C. Copyright © 2020. All rights reserved. �The American Institute of Architects,� �American Institute of

Architects,� �AIA,� the AIA Logo, and �AIA Contract Documents� are trademarks of The American Institute of Architects. This draft was produced at 12:49:25 ET on 07/30/2024 under Order No.3104241443 which expires on 03/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1448294731)

§ C.4.2 If requested, will your organization be able to provide property insurance for the Project written on a builder's risk �all-risks� completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis?

§ C.4.3 Does your commercial general liability policy contain any exclusions or restrictions of coverage that are prohibited in AIA Document A101-2017, Exhibit A, Insurance A.3.2.2.2? If so, identify.

§ C.5 SURETY

§ C.5.1 If requested, will your organization be able to provide a performance and payment bond for this Project?

§ C.5.2 Surety company name:

§ C.5.3 Surety agent name and contact information:

§ C.5.4 Total bonding capacity:

§ C.5.5 Available bonding capacity as of the date of this qualification statement:

Document A305

� 2020

Exhibit D

Contractor�s Past Project Experience

AIA Document A305 � 2020 Exhibit D. Copyright © 2020. All rights reserved. �The American Institute of Architects,� �American Institute of

Architects,� �AIA,� the AIA Logo, and �AIA Contract Documents� are trademarks of The American Institute of Architects. This draft was produced at 12:49:28 ET on 07/30/2024 under Order No.3104241443 which expires on 03/08/2025, is not for resale,…