17-Doc 00 21 13 - INSTRUCTIONS TO BIDDERS - EBID.pdf

INSTRUCTIONS TO BIDDERS

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DOCUMENT 00 21 13

TABLE OF CONTENTS

Page

ARTICLE 1. DEFINED TERMS

ARTICLE 2. COPIES OF BIDDING DOCUMENTS

ARTICLE 3. QUALIFICATIONS OF BIDDERS

ARTICLE 4. EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

ARTICLE 5. PRE-BID CONFERENCE

ARTICLE 6. SITE AND OTHER AREAS

ARTICLE 7. INTERPRETATIONS AND ADDENDA

ARTICLE 8. BID SECURITY

ARTICLE 9. CONTRACT TIME

ARTICLE 10. LIQUIDATED DAMAGES

ARTICLE 11. SUBSTITUTE AND “OR-EQUAL” ITEMS

ARTICLE 12. SUBCONTRACTORS, SUPPLIERS, AND OTHERS

ARTICLE 13. PREPARATION OF BID

ARTICLE 14. BASIS OF BID; EVALUATION OF BIDS

ARTICLE 15. SUBMITTAL OF BID

ARTICLE 16. MODIFICATION AND WITHDRAWAL OF BID

ARTICLE 17. OPENING OF BIDS

ARTICLE 18. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 19. EVALUATION OF BIDS AND AWARD OF CONTRACT

ARTICLE 20. CONTRACT SECURITY AND INSURANCE

ARTICLE 21. SIGNING OF AGREEMENT

ARTICLE 22. SALES AND USE TAXES

ARTICLE 23. RETAINAGE

ARTICLE 24. CONTRACTS TO BE ASSIGNED

ARTICLE 25. BLASTING AND PREBLASTING SURVEY

ARTICLE 26. PERMITS

ARTICLE 27. ROCK REMOVAL

ARTICLE 28. GOVERNMENT REQUIREMENTS

ARTICLE 29. SEQUENCE OF CONSTRUCTION

ARTICLE 30. COORDINATION OF RELATED WORK AT THE SITE

ARTICLE 31. INFORMATION CONCERNING OWNER AND ENGINEER

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ARTICLE 1. DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings below:

A. Bidder: The individual or entity who submits a Bid directly to Owner.

B. Issuing Office: The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

C. Successful Bidder: The lowest responsible Bidder submitting a responsive Bid to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award.

ARTICLE 2. COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents are available online at no cost at PennBid (https://pennbid.bonfirehub.com).

2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

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

ARTICLE 3. QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder's qualifications to perform the Work, Bidder must submit with his Bid a completed Bidder Qualification Statement. In lieu of the Bidder Qualification Statement, Bidder may submit with his Bid, a completed Construction Contractor's Qualification Statement for Engineered Construction developed by The Associated General Contractors of America (AGC Document No. 220).

3.02 If additional information is necessary to demonstrate qualifications to perform the Work, within five (5) days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments and such other data as may be reasonably requested.

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

ARTICLE 4. EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.

2. Those drawings known to Owner of physical conditions relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities).

B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph

4.02 of the General Conditions has been identified and established in Paragraph 1.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings.

https://pennbid.bonfirehub.com/

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4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph

4.06 of the General Conditions has been identified and established in Paragraph 1.08 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated surface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions.

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06 A. Reference is made to Paragraph 1.17 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents.

On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work.

B. Paragraph 6.13.C of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.07 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable “technical data”, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph 4.06 of the Supplementary Conditions as containing reliable “technical data”;

E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the

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Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies hat Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

J. attend and participate in any mandatory pre-bid conference.

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5. PRE-BID CONFERENCE

5.01 No Pre-Bid Conference will be held.

ARTICLE 6. SITE AND OTHER AREAS

6.01 The Site(s) is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7. INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be directed to Engineer by clicking on the “Ask a Question” button within the Messages section of PennBid. Interpretations or clarifications considered necessary by Engineer in response to such questions will be by Addenda and posted within the PennBid Documents. Notifications of Addenda will be emailed to all parties recorded by Engineer as having downloaded the Bidding Documents. Questions received after the posted cut-off date may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

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ARTICLE 8. BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten percent (10%) of Bidder’s maximum Bid price and in the form of a certified check, bank money order or a Bid Bond (on the form in Project Manual or equivalent) issued by a surety meeting the requirements of Paragraphs 5.01 and

5.02 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and insurance certificate(s) and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security and insurance certificate(s) within 10 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement, after all bids are rejected by Owner or after the date the bid acceptance period has expired, whichever occurs first, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9. CONTRACT TIME

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10. LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11. SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement.

ARTICLE 12. SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities.

Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner

00 21 13-6 and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

12.04 Unless authorized by special written consent of the Owner, the Contractor shall perform a value of not less than sixty (60%) percent of the Total Bid Amount for the Contract, with his own organization and with the assistance of work persons under his immediate supervision.

ARTICLE 13. PREPARATION OF BID

13.01 A separate document entitled Document 00 21 13.1 - Instructions – Submitting Electronic Bids For This Solicitation contains a full description of what documents are to be submitted electronically along with instructions on how to submit sealed bids.

13.02 Bidder for this Contract has the option to offer an alternate manufacturer for Owner's consideration for any of the major equipment items on the list within paragraph 6.01 of the Bid Form along with the associated lump sum deduction in the bid price. The deduction shall take into consideration the installed cost and any related modifications and Engineering costs that may be required. Each deduction offer for a major equipment item shall be made separately from any other offer.

The deductive alternate(s) will not be considered in the award of the Contract. After a contract is awarded, Owner may, at his sole discretion, select items of any alternate manufacturer on the list and the lump sum bid price will be adjusted accordingly.

Engineer may require detailed information to be submitted for preliminary evaluation of an alternate manufacturer including technical and performance details and other information as deemed necessary and/or as described in the Project Manual.

If a major equipment item offered by an alternate manufacturer will require modification or deviation from the Drawings, Bidder must prepare and submit detailed drawings to Engineer showing all modifications in structures, piping, electrical and mechanical work required to adapt the Drawings to the major equipment item selected. Bidder also must compensate Engineer for reasonable review and coordination time associated with evaluation of an alternate major equipment item. Engineer will review the aforementioned detailed drawings of modifications and either grant an approval or indicate changes necessary to comply with the project requirements. Detailed drawings which are not approved must be revised and then resubmitted to ENGINEER for approval. If it is determined by ENGINEER that a major equipment item by an alternate manufacturer cannot be approved, then the major equipment item as listed in Section 6.01 as included in determining the lump sum bid price must be provided.

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ARTICLE 14. BASIS OF BID; EVALUATION OF BIDS

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the electronic Bid schedule including any incidental Bid items. Bidders must provide unit costs for each item including all Phases and Alternates.

B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

14.02 Bid prices shall include all taxes of whatever nature applicable to the Work or Bidder's performance thereof.

ARTICLE 15. SUBMITTAL OF BID

15.01 Bids are to be submitted electronically via the PennBid Program. The document entitled Document 00 21

13.1 - Instructions – Submitting Electronic Bids For This Solicitation is included as part of this solicitation and provides instructions on what information needs to be submitted along with how to submit.

15.02 A Bid shall be submitted via PennBid no later than the date and time prescribed in the advertisement or invitation to bid.

15.03 The Bidder is solely responsible for submitting his Bid by the time indicated in the advertisement or invitation to bid.

ARTICLE 16. MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn any time prior to the bid closing date and time by clicking on the “Withdraw Bid” button within PennBid.

16.02 Bids may be withdrawn within two (2) business days after the opening of Bids only by the withdrawing Bidder's strict compliance with 73 P.S. §1602 and any subsequent amendments.

ARTICLE 17. OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly with posting of bid results on PennBidTM website shortly thereafter. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. Thirty (30) day extensions of the date for the award may be made by the mutual consent of Owner and the lowest responsible and responsive Bidder.

ARTICLE 19. EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any and all Bids, including, without limitation, nonconforming, non-responsive, unbalanced or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any bidder if Owner believes that it would not be in the best interest of the Project to make an award to the Bidder due to noncompliance with Bid Specifications and/or prior work history of the Bidder. The successful Bidder shall be required to enter into a written Contract in a form to be approved by the Owner.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for

00 21 13-8 the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. Any Bidders who have defaulted on a public Contract within five years of the date of the issuance of this Bid document may be eliminated from consideration within the sole discretion of the Owner.

19.06 If the Contract is to be awarded, the Owner reserves the right to select any combination of the Base Bid, Alternate Bids and/or Options to determine the lowest responsible Bidder whose Bid is in the best interests of the Project. If the Contract is to be awarded, only one award will be made.

ARTICLE 20. CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by such Bonds and required insurance certificate(s).

ARTICLE 21. SIGNING OF AGREEMENT

21.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement to Owner with the required Bonds and insurance certificate(s). Owner shall deliver one fully signed counterpart to Successful Bidder within sixty (60) days of the date of the Notice of Award.

21.02 In the event that the contract is not executed within the time set forth above, the sum of $500.00 is to be paid to the Owner as liquidated damages for the delay and additional expense to the Owner caused thereby.

ARTICLE 22. SALES AND USE TAXES

22.01 All applicable sales and use taxes shall be included in the Bid. Refer to Paragraph 1.15 of the Supplementary Conditions for additional information.

ARTICLE 23. RETAINAGE

23.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

ARTICLE 24. CONTRACTS TO BE ASSIGNED

24.01 There are no additional contracts associated with the proposed Work.

ARTICLE 25. BLASTING AND PREBLASTING SURVEY

25.01 Blasting requirements associated with construction of the Work are covered in Paragraph 1.25 of the Supplementary Conditions and Section 31 23 16.

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ARTICLE 26. PERMITS

26.01 Paragraph 1.26 of the Supplementary Conditions presents the respective obligations of Owner and Contractor, with regard to the obtaining of permits and/or approvals from governmental agencies relative to the proposed Work.

ARTICLE 27. ROCK REMOVAL

27.01 This section not used.

ARTICLE 28. GOVERNMENT REQUIREMENTS

28.01 Bids shall be submitted on the basis of full and total compliance with all Federal and State laws, regulations, statutes and requirements pertaining to the Work. Bidder shall refer to Paragraph 1.12 of the Supplementary Conditions.

ARTICLE 29. SEQUENCE OF CONSTRUCTION

29.01 Section 01 11 13 notes the sequence of construction and timing relative to construction of the Work.

ARTICLE 30. COORDINATION OF RELATED WORK AT THE SITE

30.01 Reference is made to Paragraph 1.19 of the Supplementary Conditions relative to identification of the prime contractor who will have authority and responsibility for coordination of activities involving other parties and/or prime contractors relative to construction of the Project.

ARTICLE 31. INFORMATION CONCERNING OWNER AND ENGINEER

31.01 Owner:

Township of Upper Makefield 1076 Eagle Road Newtown, PA 18940 Telephone: (215) 968-3340 Attention: Gregg Schuster, Manager

Email: manager@uppermakefield.org

31.02 Engineer:

Gilmore & Associates, Inc.

12 Terry Drive, Suite 205 Newtown, PA 18940 Telephone: (215) 369-3955 Fax: (215) 345-8606 Attention: Amanda Fuller, P.E., LEED AP

BD+C

Email: afuller@gilmore-assoc.com

END OF DOCUMENT

mailto:manager@uppermakefield.org mailto:afuller@gilmore-assoc.com