2-2025-10-6-SPECIFICATIONS-WARMINSTER-LIBRARY-FLOORING-REPLACEMENT.pdf

PROJECT MANUAL/

S P E C I F I C A T I O N S

FLOORING REPLACEMENT FOR:

WARMINSTER TOWNSHIP

FREE LIBRARY

RA Project # 2503

October 6, 2025

Raphael Architects WARMINSTER TOWNSHIP FREE LIBRARY

TABLE OF CONTENTS TOC-1

TABLE OF CONTENTS

Division Section Title

DIVISION 00 – BIDDING AND CONTRACT REQUIREMENTS

00200 List of Drawings 00300 Advertisement For Bids 00400 Instructions to Bidders 00500 Bid Form 00600 Qualification Statement- Bonds, Agreement of Surety and Non-Collusion, Affidavit AIA Document A305 Qualification Statement AIA Document A310 Bid Bond AIA Document A312 Payment Bonds AIA Document A312 Performance Bonds 00700 Agreement and General Conditions AIA Document A101 Agreement AIA Document A201 General Conditions 00800 Supplementary Conditions Attachment A - Assignment of Tax Refund Rights Attachment B - Waiver of Liens Attachment C - Hold Harmless Clause Attachment D – Responsible Contractor Requirements Responsible Contractor Ordinance NO 729 and Certification Form 00900 Prevailing Wage Requirements

DIVISION 01 – GENERAL REQUIREMENTS

011000 Summary 012600 Contract Modification Procedures 012900 Payment Procedures 013100 Project Management and Coordination 013300 Submittal Procedures 014300 Quality Assurance 015500 Vehicular Access and Parking 016100 Product Requirements 016300 Product Substitutions 016310 Substitution Request Form 017360 Cutting and Patching 017400 Cleaning 017600 Protecting Installed Construction 017700 Project Closeout 017850 Product Warranties

DIVISION 02 – EXISTING CONDITIONS

024119 Selective Demolition

DIVISION 03 THRU 08- NOT APPLICABLE

DIVISION 09 – FINISHES

096513 Resilient Base and Accessories 096519 Resilient Tile Flooring (LVT) 096813 Carpet Tile 096816 Sheet Carpeting (Broadloom)

DIVISION 10 THRU 16- NOT APPLICABLE

END OF SECTION

LIST OF DRAWINGS Warminster Township Free Library 00200-1

SECTION 00200

LIST OF DRAWINGS

ADVERTISEMENT FOR BIDS

00 11 13-1

DOCUMENT 00300

ADVERTISEMENT FOR BIDS

Warminster Township will receive sealed bids online via the PennBid website for Contract 2025-WTFL-01:

Flooring Replacement For Warminster Township Free Library

Sealed bids may be submitted and updated online until 11:00 A.M., prevailing time on Monday, October 27, 2025 at which time the bids shall be publicly opened and read aloud at the Township offices at 401 Gibson Avenue, Warminster, PA 18974. The bid award meeting will be at 11:00 A.M., prevailing time on Monday November 3rd, 2025 at the Township offices.

The Work to be completed under this contract includes the demolition and replacement of floorcoverings and wall base in the Warminster Township Free Library. The area of new carpet and luxury vinyl tile is approximately 10,000 square feet. Work shall commence on December 3rd, 2025 and be substantially complete by December 6th, 2025.

All Bid Documents and solicitation details are available at no cost at PennBid at https://pennbid.bonfirehub.com. A nominal fee of 0.33% of the bid amount (from $150 up to $6,000 plus tax) is assessed only to bidders awarded contracts.

A Mandatory Pre-Bid meeting will be held at the site, 1076 Emma Lane, Warminster, PA 18974, at 8:30 AM on Friday October 17th, 2025

This project is subject to the applicable provisions of Act 422, Pennsylvania Prevailing Wage Act, as amended, and the prevailing minimum wage rates issued by the Pennsylvania Department of Labor and Industry for work valued at over $25,000. If the Contract Price exceeds $175,000.00, the project is also subject to the Township’s Responsible Contractor Ordinances.

All bids shall remain subject to acceptance for 60 days after the Bid Opening or for such period of time that Bidder may agree to in writing upon request. 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.

Warminster Township reserves the right to reject any and all bids for any cause whatsoever, to eliminate any item or items from the contract, and to waive any informality in the bids.

The project will be managed by Warminster Township.

By order of the Owner: Warminster Township Dated: October 2025

END OF DOCUMENT

https://pennbid.bonfirehub.com/

INSTRUCTIONS TO BIDDERS Warminster Township Free Library 00400-1

SECTION 00400

INSTRUCTIONS TO BIDDERS

PART 1 – GENERAL

1.1 SCOPE

A. The project involves demolition and replacement of approximately 10,000 sf of existing floorcovering for the Warminster Township Free Library. The new flooring includes: carpet tile, broadloom carpet, and luxury vinyl tile/plank. The scope also includes replacement of wall base in the areas scheduled for new flooring.

B. Bids will be received as One (1) Prime Bid. The prime contractor shall furnish all labor, equipment and materials necessary to complete the work called for and implied in the Drawings and Specifications.

C. Notice is given that the project for which bids are being solicited is a project constituting public works and is subject to the applicable provisions of the Pennsylvania Prevailing Wage Act of August 15, 1961, P.L. 987 as amended and supplemented and appropriate minimum rates as promulgated under the provisions of said Act must be paid by Contractors in connection with performance of necessary work.

D. If Contract amount exceeds $175,000 Bidders are required to submit the Warminster Township Contractor Responsibility Certification For with their bid indicating compliance with Township Ordinance No 729 for selecting Responsible Contractors and Sub-contractors for public contracts.

1.1 GENERAL

A. The drawings and specifications are complimentary. Any labor and/or material not shown on the drawings but called for in the specifications or any labor and/or material not called for in the specifications but shown on the drawings, shall be furnished by the contractor as though shown and called for in both.

B. INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING

1. If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents, he/she may submit electronically through the PennBid program a request for interpretation. See Invitation for Bids for the deadline date and time to submit requests. The person submitting the request shall be responsible for its prompt delivery.

2. Interpretation or correction of proposed Contract Documents will be made only by Bulletins / Addenda and will be released through PennBid program to all prime con-tract bidders of record. The Owner will not be responsible for any other explanations or interpretations of the proposed Contract Documents.

a. The Contractor shall obtain the full knowledge by personal and careful inspec-tion of all existing conditions at the building site and of all requirements of the drawings and specifications that affect the work. The Contractor accepts all such conditions and requirements and hereby assumes all responsibilities and costs resulting from his/her failure to obtain full knowledge of them.

00400-2

3. Dimensions shall have precedence over scaled measurements and details over gen-eral drawings.

4. When mistakes occur in the drawings and/or specifications, they shall be brought to the Architect’s attention before proceeding with the work.

5. All construction shall be in accordance with all local building codes and ordinances, which shall take precedence over these drawings and specifications.

6. Manufacturer’s directions: All manufacturer’s articles, materials and equipment shall be supplied, installed, connected, cleaned or conditioned in strict accordance with the manufacturer’s printed directions, unless herein specified to the contrary.

B. All permits (if applicable) shall be obtained by each prime contractor and paid for by the Owner. The contractors will be required to pay all local license and/ or registration fees.

Note that no permits are anticipated for this Work.

C. A waiver of liens in form suitable for filing and indexing in the BUCKS COUNTY Pro-thonotary’s Office, shall be signed by the Contractor prior to the beginning of the ordering of material and before any work is performed on the property. The Contractor shall pro-vide a release of liens for himself/herself and all suppliers prior to application of final payment.

D. All material and workmanship shall carry a one- (1) year warranty minimum unless noted otherwise. Note that specified products carry a longer warranty thru the manufacturers.

E. All work to be in accordance with applicable codes and ordinances adopted and/or as amended by the local Municipality, and The International Code Council, International Building Code - 2018 and the Commonwealth of Pennsylvania, Pennsylvania Code Title 34, Labor and Industry chapters 49 through 60.

F. This Project falls under the Commonwealth of Pennsylvania Public Works Employment Verification Act, Act 127 of 2012, 43 P.S. § 167.1, which requires all public work con-tractors and subcontractors to utilize the Federal Government’s E-Verify system to ensure that all employees performing work on public work projects are authorized to work in the United States. All Bidders are required to submit a Public Works Employment Verifica-tion Form as a precondition for the Contract Award.

G. Warminster Township has adopted a Responsible Contractor Ordinance for selecting re-sponsible contractors and subcontractors for public contracts. As a condition of perform-ing work on public construction and maintenance contracts for Warminster Township, Bucks County, PA contractors and subcontractors must meet responsible contractor quali-fications as specified in Warminster Township Ordinance No 729. See 00800 Supplemen-tary Conditions, Part 4-Attachment (D) for a copy of the Ordinance, Amendment and Contractor Responsibility Certification Form to be submitted with the Bid.

H. Contractors should consult all current guidelines on construction including Pennsylvania guidance for the construction industry, Pennsylvania Department of Health safety measures, OSHA guidance for the construction workforce and CDC guidance on all epi-demics, pandemics and community health related matters.

I. It will be the responsibility of the Contractor to examine all Drawings and Specifications to determine the full extent of the work. All field measurements and verifications of con-ditions and materials will be the obligation of the Contractor. The submission of a Pro-posal by the Contractor will be considered an indication that all work has been included in the Proposal. It will also be considered an indication that a thorough review of conditions, materials, and all related specifications have been investigated by the Contractor, and the results of such investigations have been included in the Contractor's Proposal.

00400-3

1.2 DATA FOR BIDS

A. Each bid shall be delivered electronically through the PennBid program.

Each bid shall include the following:

1. Penn Bid Form.

2. Contractors Qualification Statement-AIA Document A305

3. Bid Bond – AIA Document A310 or Statement of Surety if bid deposit is not in the form of a Bid Bond.

4. Non-Collusion affidavit.

5. Warminster Township Contractor Responsibility Certification Form (IF BID

EXCEEDS $175,000).

B. As noted in the Advertisement, the bids will be opened electronically and made public af-ter on the same date.

C. The Bidders are reminded to check the advertisement, Proposal Form, and other Bidding documents for the following.

1. Mandatory Pre – Bid Conference date and time.

2. Proper filing of contractor’s Qualification Statement

3. Proper form of Bid Deposit in the correct amount.

4. Prevailing Minimum Wage Predetermination requirements.

D. After the Bid opening the Architect will notify the apparent low bidder(s) The apparent low bidder(s) are required to submit, within (5) business days, hard copies of all bidding documents with original signatures and seals. Bidders name and prime contract shall clearly appear on the front of the sealed envelope. All bid/proposal correspondence, pricing, etc. shall be typewritten or hand written in ink.

E. During the bidding period, Bidders may be furnished, through PennBid, Program Bulle-tins/Addenda modifying the Drawings and Specifications. Any such Bulletins/Addenda shall be taken into account in submitting a Bid and shall form a part of the contract Doc-uments.

F. Bidders must visit the site of work and acquaint themselves with existing conditions be-fore submitting a Bid by appointment only. A Mandatory Pre-Bid Conference is sched-uled. See Advertisement for date and time.

Direct all questions, requests for information, clarifications substitution requests, and comments electronically through the PennBid Program.

All questions and substitution requests must be submitted by October 22, 2025.

G. A BANK CASHIER’S, BANK TREASURER’S CERTIFIED CHECK OR BID BOND IN

FAVOR OF WARMINSTER TOWNSHIP IN THE AMOUNT OF 10% OF THE TOTAL

BID (INCLUDING ALL ADD ALTERNATES) IS REQUIRED FROM EACH BIDDER

AND MUST BE ENCLOSED WITH THE BID. It is understood the Bid Deposit will be forfeited to and retained by the owner as liquidated damages if the Proposal, or any part

00400-4 thereof, is accepted by the Owner and the Bidder fails to execute the contract and furnish Bonds within ten (10) days from the date of Notice of Award. Should the owner fail to make any awards through no fault or failures on the part of the bidders, the Owner shall re-turn said Bid Deposits.

H. Unless Bid Deposit is in the form of a Bid Bond shall submit with his/her Proposal a “Statement of Surety,” which guarantees that the Surety Company will execute “Perfor-mance Bond,” and “Payment Bond,” should the bidder be awarded the Work. With the exception of Bid Deposit of the three lowest acceptable bidders, the Bid Deposit of all other bidders will be generally returned within seven (7) calendar days of the opening of the bids.

I. Bid Deposits of the three lowest bidders will be returned after the contract has been awarded and signed.

J. A bidder on any Prime contract may withdraw his bid from consideration after the bid opening without forfeiture of the certified check, bank cashier’s check, surety bid bond or other security filed with the bid if the price bid was submitted in good faith, and the bid-der submits credible evidence that the reason for the price bid being substantially lower was a clerical mistake as opposed to a judgment mistake, and was actually due to an unin-tentional and substantial arithmetical error or an unintentional omission of a substantial quantity of work, labor, material or services made directly in compilation of the bid; pro-vided, 1.) Notice of a claim of the right to withdraw such bid is made in writing with the contracting body within two business days after the opening of bids; and, 2.) The with-drawal of the bid would not result in the awarding of the contract on another bid of the same bidder, his partner, or to a corporation or business venture owned by or in which he has a substantial interest. No bidder who is permitted to withdraw a bid shall supply any material or labor to, or perform any subcontract or other work on the project without writ-ten approval of the contracting body. No accepted bid may be withdrawn for 60 calendar days after the Bid Opening.

K. The Bids are to include all work as shown or specified, also such Unit Price and Alternate

Bid items as may be requested or noted. These prices are important and should be careful-ly stated when Bids are submitted, and in the form, as quoted, on the Bid forms, attached to these specifications. It is mandatory, upon any bidder, to include all Alternate Bids or Unit Prices. Should any bidder fail to submit any Alternate Bids or Unit Prices, the bidder shall be responsible for his omission and shall have no claim against the Owner, should the Owner award the Contract to a bidder who has submitted a more satisfactory bid.

L. The Bidder shall identify and list on his Proposal Form each Major Subcontractor or ma-terial supplier in excess of ($ 25,000.00) to be used on this Project in accordance with Ar-ticle 15.5 (Modification to Article 5) of the Supplementary Conditions of the Contract.

Bidders shall also secure and submit Major Subcontractors Qualification Statements ac-cordingly as noted in the above referenced Article and noted below, if requested by the owner.

M. Each Bidder is required to submit a Contractor’s Qualification Statement with a sworn statement of his financial responsibility, technical qualifications and evidence that he has completed at least four similar construction contracts within the last two (2) years, each with a minimum value of 50% of the total amount of the proposal submitted. The above statements shall be submitted on the forms furnished with the Bid Documents and deliv-ered in the sealed envelope with the bid.

00400-5

N. The Owner will, as soon as practical, award the Contract to the Bidder, and shall have the right to reject any or all Bids, to waive technical defects, and to accept or reject any part of any Bid if in the judgment of the Owner its best interest shall be served by such action; and the Bidder, in submitting a Bid accepts these conditions. No rights shall accrue to any per-son submitting a Bid or Proposal until such Bid has been accepted, and a contract awarded, and such contract completely executed in writing by both parties.

O. Any Unit Prices furnished by the Bidder as part of his Proposal Form shall be made a part of the Agreement and shall be the basis of compensation for any Unit Price work required on the Project.

P. Bidder warrants to execute the Contract, furnish required Bonds in form as incorporated in the contract documents, and furnish required insurance certificates and other items, in amounts specified or required, by the owner. Bidder shall also warrant the inclusion of those items in the Supplementary Conditions (ARTICLE 16.8 Modifications to ARTICLE 8 TIME). Bidder shall also warrant beginning work in accordance with the Project Con-tract agreement.

Q. See Article 16.8 – 8.1.2.1 (Modifications to ARTICLE 8 TIME of the supplementary con-ditions) for Commencement Date note.

See Articles 16.8 - 8.2.2.3 (Modifications to ARTICLE 8 TIME of the supplementary conditions) for number of days to substantial completion See Article 16.9.10 - (Modifications to ARTICLE 9 PAYMENTS AND COMPLETION of the supplementary conditions) for Final Completion and Final Payment notes.

See Article 16.5-5.2.1.1 (Modifications to ARTICLE 5 SUBCONTRACTORS of the sup-plementary conditions) for the required submission of a detailed breakdown of the work showing subcontractors and estimated percentage for the subcontractors portions of the work.

R. Standard of Quality: The various materials and products specified in the specifica-tions by name or description are given to establish a standard of quality and of cost for bid purposes. It is not the intent to limit the acceptance to any one material or product specified, but rather to name or describe it as the absolute minimum stand-ard that is desired and acceptable. A material or product of lesser quality would not be acceptable. Where proprietary names are used, whether or not followed by the words, 'or as approved equal', they shall be subject to equals only as approved in accordance with the procedures established and described herein. Bids are to be based on materials and products specified by the writer. All products, materials, fixtures, fittings and the like, submitted for use in this project by Contractor(s), Subcontractor(s), Manufacturers, Suppliers, Vendors and the like, are to be subject to return for full financial refund, without penalty of time or cost.

S. Product Options: Products specified by reference standards only or by description only: any product meeting those standards or description may be utilized. Products specified by naming one or more manufacturers with a provision for substitutions:

Submit a request for substitution for any manufacturer not specifically named.

Products specified by naming several manufacturers: Products of named manufac-turers meeting the specifications shall be utilized; no options, no substitutions al-

00400-6 lowed, except for those as allowed herein.

T. Procedure for Substitution Request: All requests for substitution must be submitted to the Architect up to date specified. Approved substitutions will be provided to all bidders in an addendum. Request for Substitution shall include Manufacturer's product literature and performance and technical design and test data. Submit an actual sample of the proposed substitution manufacturer evidencing conformance with all specification requirements including materials, operation, finish and hard-ware, if requested by Owner or Architect. Request shall also include Manufactur-er's name and address, trade name of product, model and/or catalog number (if ap-plicable) of substitute item proposed. Include a statement that the proposed material or product has been investigated by Bidder and that he has found it to be equal or superior to the specified item in all respects.

U. Substitutions: Document each request with complete data substantiating compli-ance of proposed substitution with Contract Documents. Request constitutes a rep-resentation that Contractor: has investigated proposed product and determined that it meets or exceeds, in all respects, specified product. It will provide the same War-ranty for substitution as for specified product and will coordinate installation and make other changes, which may be required for work to be complete in all re-spects. Waives claims for additional costs, which may subsequently become ap-parent. Substitutions will not be considered when they are indicated or implied on Shop Drawings or Product Data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents.

V. Determination: The originator of the specification will review the information sub-mitted. Should bidder fail to submit full and complete substitution information as herein required, he will obviously be himself responsible for his omission and shall have no claim against the Owner, should the Owner deny the substitution request.

Within ten (10) days from receipt of "Request for Substitution" the writer will de-termine the suitability of the request. Denial of request, based on the judgment of the Owner and/or their representative, will be communicated to the appellant forthwith. Approval of the request, based on the data submitted and the professional judgment of the author of the original specification will be promulgated as a Bulle-tin to the Bid Documents to the requester and to all other prospective bidders of whom the Owner shall have a record.

W. All bids submitted must include all applicable taxes, including but not limited to Pennsylvania State Sales and Use Taxes, and Federal Excise Taxes. If the item subject of this bid is exempt from State Sales and Use Taxes, Warminster Town-ship will provide evidence of tax exemption status.

BID FORM Warminster Township Free Library 00500-1

SECTION 00500

BID FORM

FLOORING REPLACEMENT FOR WARMINSTER

TOWNSHIP FREE LIBRARY

NAME OF BIDDER: .

PROPOSAL FOR: Flooring Replacement for Warminster Township Free Library 1076 Emma Lane, Warminster, PA 18974.

OWNER: Warminster Township

401 Gibson Road, Warminster, PA 18974.

Gentlemen:

Having carefully examined the Drawings and Specifications and all other portions of the Contract Documents as prepared by Raphael Architects., the undersigned submits this Proposal together with the specified Bid Security.

It is hereby certified that the undersigned is (are) the only person(s) interested in this Proposal as prin-cipal and that the Proposal is made without collusion with any person, firm or corporation. The Bid is made in good faith and not pursuant to any agreement or discussion with, or inducement from any per-son or firm to submit a complementary or other non-competitive Bid.

The undersigned hereby agrees to execute the Contracts, furnish required Bonds in form as incorpo-rated in the in the Contract Documents and begin work in accordance with Article 16.8, Time, (Mod-ifications to Article 8).

The undersigned agrees that if awarded a contract, he/she will furnish and deliver all materials, tools, equipment, power, tests, transportation and licenses, do and perform all labor and superintendence, furnish all means of construction, pay all fees, secure all municipal, state and other required permits, do all incidental work and execute, construct and finish in an expeditious, substantial and workman-like manner all work of the Contract identified as Construction in accordance with the Contract Documents, to the complete satisfaction and acceptance of the Owner for the stipulated sum herein-after stated.

A. BASE BID: Provide a Lump Sum cost to provide all Construction associated with the Interior Renovation for the Warminster Township Free Library and related miscellaneous construction as doc-umented in the full set of Construction Documentation, Drawings and Project Manual and Specifica-tions.

DOLLARS ($ )

B. ALTERNATE BID: NONE REQUIRED.

00500-2

C. UNIT PRICES: PROVIDE THE FOLLOWING UNIT PRICES:

UNIT COST #1 WALL BASE: ADDITIONAL WALL BASE $___________ PER LF

UNIT COST #2 MOISTURE REMEDIATION FOR CONCRETE SLAB $___________ PER SF

(AS SPECIFIED IN FLOORCOVERING SPECIFICATIONS SECTIONS)

D. ALLOWANCES: NONE REQUIRED.

Note: Proposal shall be subject to regulations of the Pennsylvania Prevailing Wage Act (Act of 1961, P.L. 987 No. 442) as amended. Not less than the prevailing minimum wage rates as contained in the at-tached “Prevailing Wage Predetermination”, Serial Number 22-04995 shall be paid by contractor and subcontractors to all workmen in their respective crafts and classifications.

It is understood that the Owner reserves the right to reject any or all Bids, or parts thereof, or items therein, and to waive technicalities as it may deem best for its interests. It is further under-stood that competency and responsibility of Bidders will receive consideration before award of contract.

The undersigned submits this Proposal with the understanding that he has carefully reviewed all items noted in the Data for Bids and further guarantees to comply with all requirements and has visited the site prior to submitting a bid.

Each bid shall be submitted via the PennBid program, the apparent low bidder will be requested to submit the following in original hard copies within (5) days:

1. Bid Form.

2. Contractors Qualification Statement.

3. Bid Bond or Statement of Surety if bid deposit is not in the form of a Bid Bond.

4. Non-Collusion affidavit.

5. Warminster Township Contractor Responsibility Certification form. (IF

APPLICABLE)

The undersigned submits this Proposal with the understanding that the completion time of the Con-tract shall be considered as of the essence. Project Schedule and completion shall be noted in on Advertisement for Bids and Supplementary Conditions.

The undersigned agrees that this Proposal may not be withdrawn for sixty (60) days after the bid due date.

In submitting this Proposal, the undersigned acknowledges receipt of the following Bulletins / Ad-denda (if none, write “NONE”)

BULLETIN /ADDENDUM NO. DATED

00500-3

Respectfully sub-mited: Company Name:

(Seal where applicable)

SIGNATURE: _______________________________

NAME AND TITLE: _________________________________________________________________

WITNESS: _______________________________

DATE: _______________________________

BUSINESS:_________________________________________________________________________

PHONE:

QUALIFICATIONS, BONDS, Warminster Township Free Library SURETY, and NON-COLLUSION

AFFIDAVIT

00600-2

SECTION 00600

QUALIFICATION STATEMENT (AIA A305-2020), BONDS (AIA A310, AIA 312-2010) ,

AGREEMENT OF SURETY, and NON-COLLUSION AFFIDAVIT

A. CONTRACTOR’S QUALIFICATION STATEMENT:

1. The “Contractor’s Qualification Statement,” A.I.A. Document No. A305-2020, of the American Institute of Architects, is hereby made a part of the Specifications as bound herein.

B. BOND FORMS:

1. The “Bid Bond,” A.I.A. Document No. A310, of the American Institute of Archi-tects, 2010 Edition, is hereby made a part of the Specifications as bound herein. The Bond is subject to all modifications as set forth hereinafter.

2. The “Performance Bond” and the “Payment Bond,” A.I.A. Documents No. A312- 2010, of the American Institute of Architects, are hereby made a part of the Specifi-cations as bound herein. The Bonds are subject to all modifications as set forth here-inafter and referenced in Article 15.8 of the Supplementary Conditions.

C. AGREEMENT OF SURETY:

1. The “Agreement of Surety” form is to be provided to the Owner along with the bid proposal should the bid deposit submitted be other than a “Bid Bond”. Attached is a 1 page sample letter to be signed and sealed from a corporate surety agreeing to provide a Performance Bond and Payment Bond in favor of the Owner as required for faithful performance and proper fulfillment of the contract. The Agreement is subject to all modifications as set forth hereinafter.

D. NON-COLLUSION AFFIDAVIT:

1. The “Non-Collusion Affidavit” form is to be provided to the Owner along with the bid proposal by all prospective bidders. Attached is a 2 page document to be signed by all prospective bidders and sealed by notary, assuring the owner that the proposal for work is being submitted in good faith and without collusion with any other contractors or sub-contractors. The Affidavit is subject to all modifications as set forth hereinafter.

QUALIFICATIONS, BONDS, Warminster Township Free Library SURETY, and NON-COLLUSION

00600-3

SECTION 00600 – AGREEMENT OF SURETY

AGREEMENT OF SURETY

KNOW ALL MEN BY THESE PRESENTS, that we, as Surety, a corporation existing under the laws of the State of , and authorized to transact business in the Commonwealth of Pennsylvania hereby agree intending to be legally bound hereby, to execute and deliver to, Warminster Township, within the time limit speci-fied in the Contract Documents, the Performance Bond and Payment Bond in the forms included in the Contract Documents each in an amount of 100% of the contract amount, in favor of Warminster Township required for the faithful performance and proper fulfillment of the contract for the Construction of the Flooring Replacement for Warminster

Township Free Library on behalf of (hereinafter called the Bidder) provided that the above contract(s) be awarded to the bidder within Sixty (60) days after the date of opening of the bids or otherwise as set forth in the Instructions to Bidders.

DATED: 20

(CORPORATE SURETY)

ATTEST:

(Secretary) (President)

(CORPORATE SEAL)

Raphael Architects Warminster Township Free Library 00600-4

NON-COLLUSION

COMMONWEALTH OF :

COUNTY OF:

, of lawful age, being first duly sworn according to (Print Name) law, deposes and says the following:

1. He is the officer or agent authorized by the bidder to submit the attached bid.

2. The bidder (has) / (has not) been convicted or found liable for any act (Circle one) prohibited by state or federal law in any jurisdiction involving conspiracy or collusion with respect to bidding on any public contract within the last three (3) years.

3. The bidder understands that if the bidder has been convicted or found li-able as aforesaid, the owner is not prohibited from accepting a bid from or awarding a contract to the bidder, but the conviction or finding of liability may be a ground for ad-ministrative suspension or debarment in the discretion of the owner under the rules and regulations of the owner, or if the owner has no administrative suspension or debarment regulations or procedures, the conviction or finding of liability may be a ground for con-sideration on the question of whether the owner should decline to award a contract to the bidder on the basis of a lack of responsibility.

4. The bidder has not been a party to any collusion among bidders in re-straint or of freedom of competition by agreement to bid at a fixed price or to refrain from bidding.

5. The bidder has not been a party to any collusion with any governmental official or employee as to quantity, quality or price in the prospective contract or with respect to any other terms of the prospective contract or with respect to any discus-sions between the bidder and any governmental official concerning exchange of money or other things of value for special consideration in the letting of a contract.

6. The foregoing statements are accurate with respect to the bidder and its current or previous officers and employees.

7. The foregoing statements are true and correct to the best of the affiant’s knowledge, information and belief.

(Bidder’s Signature)

SWORN TO AND SUBSCRIBED BEFORE ME, A NOTARY

PUBLIC, ON THE DAY OF 20 .

(Notary Public)

My Commission Expires:

AGREEMENT & Warminster Township Free Library

GENERAL CONDITIONS

00700-2

SECTION 00700

AGREEMENT and GENERAL CONDITIONS

A. AGREEMENT FORM:

1. The “Standard Form of Agreement Between Owner and Contractor” (Stipulated Sum), A.I.A. Document No. A-101-2017, of the American Institute of Architects, is hereby made part of the Specifications as bound herein. The Agreement is subject to all modifications as set forth hereinafter.

B. GENERAL CONDITIONS:

1. The A.I.A. Document No. A201 – “General Conditions of the Contract for Construc-tion”, 2017 edition, are hereby made a part of the Specifications as bound herein. The General Conditions of the Contract for Construction are subject to all modifications as set forth hereinafter and as referenced in Section 00800-Supplementary Conditions.

PART 2 – PRODUCTS (Not Applicable)

PART 3 – EXECUTION (Not Applicable)

SUPPLEMENTARY CONDITIONS 00800-1

SECTION 00800

SUPPLEMENTARY CONDITIONS

A. The “General Conditions of the Contract for Construction,” A.I.A. Document A201, 2017 edition, Articles 1 through 15 inclusive, is part of this contract.

B. The following supplements ( part1.2 through part 4 ) modify, delete from, and/or add to the General Con-ditions.

1. Language in the Supplementary Conditions supersedes any conflicting or varying language in the General Conditions not specifically replaced.

2. The General Conditions and Supplementary Conditions also may be supplemented elsewhere in the Contract Documents by provisions located in, but not necessarily limited to, Division 1 of the Specifications.

3. Beginning of Construction/Notice to Proceed will be within 40 calendar days of Award of Con-tract.

1.2 SUPPLEMENTARY CONDITIONS

ARTICLE 16 MODIFICATIONS TO GENERAL CONDITIONS Articles 1 through 15 (A-201)

16.1.1.1 Reference ARTICLE 1.1.1: THE CONTRACT DOCUMENTS

Revise last sentence to read as follows: Unless specifically enumerated in the agreement, the Contract Doc-uments include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other infor-mation furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or pro-posal, or portions of Addenda relating to bidding requirements.

16.2.2 Reference ARTICLE 2.2: INFORMATION AND SERVICES REQUIRED OF THE OWNER Re-vise in its entirety sub-paragraph 2.2.5 to read as follows:

2.2.5 Each Prime Contractor will be furnished upon request, free of charge, one (1) copy of electronic .pdf files of the Construction Drawings and Specifications for construction. Physical copies of the Drawings and Specifications are available from the Architect at the Architect’s usual cost for repro-duction and handling.

16.3.2 Reference ARTICLE 3.2: REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY

CONTRACTOR Add Subparagraph 3.2.5 as follows:

3.2.5 The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect for the Architect to evaluate and respond to the Contractor’s request for information including cost to process change orders, where such information was available to the Contractor from a careful study and compari-son of the Contract Documents, field conditions, other Owner-provided information, Contractor- pre-pared coordination drawings, or prior Project correspondence or documentation.

16.3.3 Reference ARTICLE 3.3: SUPERVISION AND CONSTRUCTION PROCEDURES: Add Subparagraph

3.3.4 as follows:

3.3.4. Contractors should consult all current guidelines on construction including Pennsylvania guidance for the construction industry, Pennsylvania Department of Health safety measures, OSHA guidance for the construction workforce and CDC guidance on all epidemics, pandemics and community health related matters.

16.3.4 Reference ARTICLE 3.4: LABOR AND MATERIALS: Replace subparagraph 3.4.2 and add the

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following Subparagraphs 3.4.2 through 3.4.2.4 as follows:

3.4.2 Standard of Quality The various materials and products specified in the specifications by name or description are given to establish a standard of quality and of cost for bid purposes. It is not the intent to limit the acceptance to any one material or product specified, but rather to name or describe it as the ab-solute minimum standard that is desired and acceptable. A material or product of lesser quality would not be acceptable. Where proprietary names are used, whether or not followed by the words, 'or as approved equal', they shall be subject to equals only as approved in accordance with the procedures estab-lished and described herein. Bids are to be based on materials and products specified by the writer.

All products, materials, fixtures, fittings and the like, submitted for use in this project by Contractor(s), Subcontractor(s), Manufacturers, Suppliers, Vendors and the like, are to be subject to return for full fi-nancial refund, without penalty of time or cost.

3.4.2.1 Related Requirements: See Advertisement and Data For Bids.

3.4.4 Product Options

3.4.4.1 Products specified by reference standards only or by description only: any product meeting those standards or description may be utilized.

3.4.4.2 Products specified by naming one or more manufacturers with a provision for substitutions:

Submit a request for substitution for any manufacturer not specifically named.

3.4.4.3 Products specified by naming several manufacturers: Products of named manufacturers meeting the specifications shall be utilized; no options, no substitutions allowed, except for those as allowed herein.

3.4.5 Procedure for Substitution Request:

3.4.5.1 All requests for substitution must be submitted to the Architect up until the date noted in the Instructions to Bidders. Approved substitutions will be provided to all bidders in an ad-dendum.

3.4.5.2 Request for Substitution shall include Manufacturer's product literature and performance and technical design and test data. Submit an actual sample of the proposed substitution manufacturer ev-idencing conformance with all specification requirements including materials, operation, finish and hardware, if requested by Owner or Architect.

3.4.5.3 Request shall also include Manufacturer's name and address, trade name of product, model and/or catalog number (if applicable) of substitute item proposed.

3.4.5.4 Include a statement that the proposed material or product has been investigated by Bidder and that he has found it to be equal or superior to the specified item in all respects.

3.4.6 Substitutions

3.4.6.1 Document each request with complete data substantiating compliance of proposed substitution with Contract Documents.

3.4.6.2 Request constitutes a representation that Contractor:

. Has investigated proposed product and determined that it meets or exceeds, in all respects, specified prod-uct.

. Will provide the same Warranty for substitution as for specified product.

. Will coordinate installation and make other changes, which may be required for work to be complete in all respects.

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. Waives claims for additional costs, which may subsequently become apparent.

3.4.6.3 Substitutions will not be considered when they are indicated or implied on Shop Drawings or Product Data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents.

3.4.7 Determination

3.4.7.1 The originator of the specification will review the information submitted. Should bidder fail to submit full and complete substitution information as herein required, he will obviously be himself re-sponsible for his omission and shall have no claim against the Owner, should the Owner deny the sub-stitution request.

3.4.7.2 Within ten (10) business days from receipt of "Request For Substitution" the writer will de-termine the suitability of the request.

3.4.7.3 Denial of request, based on the judgment of the Owner and/or their representative, will be communicated to the appellant forthwith.

3.4.7.4 Approval of the request, based on the data submitted and the professional judgment of the author of the original specification will be promulgated as a Bulletin to the Bid Documents to the requester and to all other prospective bidders of whom the Owner shall have a record.

3.4.8 Substitutions After Award of Contract

3.4.8.1 The Owner is under no obligation to consider or accept any request for substitution after the award of the Contract and the Contractor’s Bid shall include all costs associated with furnishing the products and materials as specified. Substitutions after the award of a Contract will not be consid-ered except in circumstances were the Owner, in their sole discretion, deems a change in the specified material will be to the benefit of the Owner.

3.4.8.2 A substitution submitted by a Contractor for reason that a product is not available will not be permitted unless proof is submitted that a firm order was placed within 15 days after the date of issuance of Notice to Proceed. If an order was placed as stated, and the product is not available, the Contractor shall submit a request for substitution, which will be reviewed and acted upon by the Owner without penalty to the Contractor.

3.4.8.3 The Contractor submitting a request for substitution after Contracts are signed will be required to pay all costs for time and expenses to review the substitution by the design professional responsible for developing the original specification, whether approved or rejected. Review of a substitution request af-ter award of contracts, will only be for the purposes of identifying if the substitution would provide sig-nificant, desired benefits to the Owner above and beyond that which would be anticipated from the specified product.

3.4.8.4. The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect, including processing change orders, to evaluate the Contractor’s proposed substitutions and to make agreed-upon changes in the Drawings and Specifications made necessary by the Owner’s acceptance of such substitutions.

16.3.6 Reference ARTICLE 3.6: TAXES Add subparagraphs 3.6.2 through 3.6.5 as follows:

3.6.2 All bids submitted must include all applicable taxes, including but not limited to Pennsylvania State Sales and Use Taxes, and Federal Excise Taxes. If the item subject of this bid is exempt from State Sales and Use Taxes, Warminster Township, will provide evidence of tax exemption status.

3.6.3 Access to Accounting Records: The Contractor shall check all materials, equipment and labor entering into the Work and shall keep such full and detailed accounts as may be necessary for proper financial management under this Agreement, and the system shall be satisfactory to the Owner. The Owner or its representative shall be afforded access to all the Contractor’s records, books, correspond-ence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this

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Contract, and the Contractor shall preserve all such records for a period of three years, or for such longer period as may be required by law, after the final payment.

3.6.4 Assignment of Refund Rights: The Contractor agrees to assign and transfer to the Owner all its rights to sales and use taxes which may be refunded as a result of a claim for refund for materials pur-chased in connection with this contract. The Contractor further agrees that it will not file a claim for re-fund for any sales or use tax, which is the subject of this assignment. The contract for this project will not be signed until the Owner receives a written Assignment by the Contractor of all rights to appeal any Sales and Use Tax payment questions to the Department of Revenue. A copy of the form for “Assign-ment of Rights” is included in this specification and is hereby made a part of the Contract Documents.

3.6.5 Contracts with Subcontractors: The Contractor agrees to include “Access to Accounting Records” and “Assignment of Refund Rights” paragraphs in any contracts with subcontractors.

16.3.12 Reference ARTICLE 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES. Revise subparagraph

3.12.5 and Add sub-paragraphs 3.12.11 through 3.12.14 as follows:

3.12.5 Add the following sentence. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action.

3.12.11 The Contractor shall submit shop drawings and product information to the Architect electroni-cally. Electronic files should be submitted in .pdf format and labelled with the CSI format Specification Section Number and Name first, and the file name shall be maintained through the review process.

Physical samples for approval shall be submitted in triplicate and one approved sample shall remain on site until project completion.

3.12.12 If requested by the Owner, Material Safety Data Sheets shall be furnished for any product or material proposed or specified for use in this project in accordance with the Pennsylvania Worker And Community Right To Know Act 1984-159.

3.12.13 All products, materials, fixtures, fittings and the like, submitted for use in this project by Contractor(s), Subcontractor(s), Manufacturers, Suppliers, Vendors and the like, are to be subject to return for full financial refund, without penalty of time or cost.

3.12.14 The Architects review of the Contractors submittals will be limited to examination of an initial submittal and one (1) resubmittal. The Architect’s review of additional submittals will be made only with the consent of the Owner after notification by the Architect. The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect for evaluation of such additional resubmittals.

16.4.2 Reference Article 4.2 ARCHITECT’S ADMINISTRATION OF THE CONTRACT

Add subparagraphs 4.2.1.1 and 4.2.2.1 as follows:

4.2.1.1 The Architect will administer the Contract only to the extent outlined in the Owner/ Architect Agreement, or as otherwise requested by the Owner and agreed to by the Architect.

4.2.2.1 The Contractor shall reimburse the Owner for Compensation paid to the Architect for additional site visits made necessary by the fault, neglect or request of the Contractor.

16.5 Reference Article 5: SUBCONTRACTORS Add subparagraphs 5.1.3, 5.2.1.1, 5.2.1.2, 5.2.3.1, 5.2.4.1 as follows:

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5.1.3 Any single subcontractor performing greater than $ 25,000.00 of the work of any Contract on this project shall be considered as a Major Subcontractor.

5.2.1.1 If a proposal submitted is based on work performed by one or more Major Subcontractors, then the Bidder shall identify each such major Subcontractor to be used on this project. Each Major Subcon-tractor’s name, address, phone number and the estimated percentage of work to be performed by the Major Subcontractor shall be denoted in the appropriate place on the Proposal Form.

5.2.1.2 In addition to his/her own Contractor’s Qualification Statement, Bidder shall secure and furnish, upon request, a Major Subcontractors Qualification Statement for each Major Subcontractor proposed.

The Owner may take into consideration the experience and qualifications of any Major Subcontractors in making a contract award on this project.

5.2.3.1 If after award of the contract, a portion of the work is proposed to be performed by a Major Contractor, and the Contractor has not previously indicated on his proposal form this work being done by a Major Subcontractor, then the Owner or Architect shall review the name and qualifications of the proposed major subcontractor. If the Owner or Architect, after due investigation, has reasonable objec-tion to a Major Subcontractor proposed by the Contractor, the Contractor shall propose another to whom the Owner and the Architect has no objection. The Contract Sum shall not be changed as a result of any approval or disapproval by the Owner or Architect of a Major Subcontractor that was not previ-ously identified on the Proposal Form.

5.2.4.1 Upon submission of a Proposal and award of a Contract, the Contractor shall not change a Major Subcontractor from that which was indicated on his Proposal Form, unless the Owner has indicated, in writing, that there is no objection to the change.

16.7 Reference ARTICLE 7: CHANGES IN THE WORK Add Subparagraph 7.1.4 through 7.1.4c as follows:

7.1.4 The allowance for overhead and profit included, in the total cost to the Owner, shall be based on the following schedule:

a. For all work included in change orders or construction change directives, the add for the Contractor’s overhead and profit shall not exceed five percent (5%) regardless of the change amount.

b. Cost to which overhead and profit is to be applied shall be determined in accordance with Subparagraph 7.3.7.

c. In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials and subcontracts. Labor and materials shall be itemized in the man-ner prescribed above. Where major cost items are subcontractors, they shall also be itemized. In no case will a change involving over $1,000 be approved without such itemization.

16.8 Reference ARTICLE 8 TIME…