2-Great Bear Way Demo BID Package.pdf

PROJECT MANUAL

FOR THE

204 Great Bear Way Road Demolition

G&A PROJECT 2600789

September 2026

PREPARED FOR:

Middle Smithfield Township 147 Municipal Drive

East Stroudsburg, PA 18302

(570) 223-8920

Prepared By:

Gilmore & Associates, Inc.

Engineers • Land Surveyors • Planners • GIS Consultants 3850 Sierra Circle, Suite 100

Center Valley, PA 18034

(610) 366-8064

TABLE OF CONTENTS

00 01 10-1

MIDDLE SMITHFIELD TOWNSHIP

204 GREAT BEAR WAY ROAD DEMOLITION

PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP

Division 00 – Procurement and Contracting Requirements

Introductory Information 00 01 01 Project Title Page 00 01 10 Table of Contents 00 01 15 Project Sheet and Technical Reports Index

Procurement Requirements 00 11 13 Advertisement for Bids 00 21 13 Instructions to Bidders 00 21 13.1 Supplemental Instruction for Submitting Electronic Bids 00 41 00 Bid Form 00 43 13 Bid Bond 00 45 10 Bidder’s Acknowledgement Form 00 45 13 Bidder Qualification Statement 00 45 19 Non-Collusion Affidavit 00 45 53 Agreement of Surety Company

Contracting Requirements 00 52 00 Agreement 00 61 13.13 Performance Bond 00 61 13.16 Payment Bond 00 61 19 Maintenance Bond 00 62 16 Certificate of Insurance 00 62 76 Application for Payment 00 63 63 Change Order 00 65 19.13 Contractor’s Affidavit 00 65 19.16 Contractor’s Release of Liens 00 65 19.19 Consent of Surety to Final Payment 00 72 00 General Conditions 00 73 00 Supplementary Conditions 00 91 13 Addenda

SPECIFICATIONS GROUP - GENERAL REQUIREMENTS SUBGROUP

Division 01 – General Requirements 01 00 00 Basic Requirements 01 11 00 Summary of Work 01 22 00 Measurement & Payment 01 29 00 Contract Considerations 01 33 00 Submittals 01 40 00 Quality Control 01 42 13 Organization and Reference Acronyms 01 45 29 Testing Laboratory Services 01 50 00 Construction Facilities & Temporary Controls 01 56 39 Landscape Protection 01 57 13 Soil Erosion and Sediment Control

00 01 10-2

01 57 19 Temporary Environmental Controls 01 60 00 Materials and Equipment 01 70 00 Contract Closeout 01 74 19 Construction Waste Management

FACILITY CONSTRUCTION SUBGROUP

Division 02 02 21 13 Site Surveys 02 41 00 Demolition

Divisions 03 to 19 Not Used

FACILITY SERVICES SUBGROUP

Divisions 20 to 29 Not Used

SITE AND INFRASTRUCTURE SUBGROUP

Divisions 30 Not Used

Divisions 31 – Earthwork 31 20 00 Earthwork

Divisions 32 – Exterior Improvements 32 92 00 Finish Grading, Seeding, and Sodding

Divisions 33 to 39 Not Used

PROCESS EQUIPMENT SUBGROUP

Divisions 40 to 49 Not Used

Appendix A Prevailing Minimum Wage Determination

Appendix B Public Works Employment Verification Form

Appendix C Nondiscrimination/Sexual Harassment Clause

PROJECT SHEET INDEX

00 01 15-1

MIDDLE SMITHFIELD TOWNSHIP

204 GREAT BEAR WAY ROAD DEMOLITION

PROJECT SHEET INDEX

A. The Drawing sheets for this Project are entitled “Construction Drawings” and include the following sheets:

SHEET TITLE

1 OF 1 General Demolition Plan

ADVERTISEMENT FOR BIDS

00 11 13-1

DOCUMENT 00 11 13

ADVERTISEMENT FOR BIDS

The Township of Middle Smithfield will receive sealed bids online for Contract No. 26-02: 204 Great Bear Way Road Demolition. Sealed bids may be submitted and updated online via the PennBid Program until 10:00 A.M. prevailing time on October 23, 2026.

The project includes the demolition of the remaining building structure on the property located at 204 Great Bear Way Road in Middle Smithfield Township. The demolished building material will be removed from the property site, which will then be regraded and remediated. All work is to be completed in strict accordance with the Project Manual.

All Bid Documents and solicitation details are available at no cost at PennBid at https://pennbid.bonfirehub.com. Click on the “Prepare Your Submission” tab. Only bids submitted online at PennBid by the date and time above will be accepted.

This project is subject to applicable provisions of Act 422, Pennsylvania Prevailing Wage Act as amended, and prevailing minimum wage rates issued by the Pennsylvania Department of Labor and Industry.

No Bidder may withdraw his bid within sixty (60) days after the date set for the opening of the bids.

Each bid must be accompanied by a Certified Check, Bank Money Order, or Bid Bond in the amount of ten percent (10%) of the estimated total contract price and all other required documents as set forth in the bid documents. The successful bidder shall, within fifteen (15) days after notification of award, enter into a written contract with the Township, and deliver a Performance Bond guaranteeing performance of the contract in the amount of 100% of the total contract price as set forth in the bid documents, together with a Payment Bond and all other required documentation set forth in the bid documents. All bids must be submitted using the bid form provided together with a Bidders Affidavit, Non-Collusion Affidavit and all other requirements provided for within the bid documents.

The Township Board of Supervisors hereby expressly reserves the right to accept or reject any and all bids and the right to award part or all of any bid. The Township expressly reserves the right to re-advertise if the best interests of the Township are to be hereby promoted. The Township may waive technical defects if, in its judgment, the best interests of the Township shall so require. No bid may be considered from any person, firm or corporation who has defaulted in the performance of any contract or agreement previously made with the Township or conclusively shown to have failed to perform satisfactorily such contract or agreement with the Township.

By order of: Michele Clewell, Township Secretary Owner: Middle Smithfield Township Dated: September 25, 2026 https://pennbid.bonfirehub.com/

INSTRUCTIONS TO BIDDERS

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DOCUMENT 00 21 13

Page

Article 1 - Defined Terms 3

Article 2 - Copies of Bidding Documents 3

Article 3 - Qualifications of Bidders 3

Article 4 - Examination of Bidding Documents, Other Related Data, and Site 3

Article 5 - Pre-Bid Meeting 5

Article 6 - Site and Other Areas 5

Article 7 - Interpretations and Addenda 5

Article 8 - Bid Security 6

Article 9 - Contract Time 6

Article 10 - Liquidated Damages 6

Article 11 - Substitute and "Or-Equal" Items 6

Article 12 - Subcontractors, Suppliers, and Others 6

Article 13 - Preparation of Bid 7

Article 14 - Basis of Bid; Evaluation of Bids 7

Article 15 - Submittal of Bid 7

Article 16 - Modification and Withdrawal of Bid 7

Article 17 - Opening of Bids 8

Article 18 - Bids to Remain Subject to Acceptance 8

Article 19 - Evaluation of Bids and Award of Contract 8

Article 20 - Contract Security and Insurance 9

Article 21 - Signing of Agreement 9

Article 22 - Sales and Use Taxes 9

Article 23 - Retainage 9

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Page

Article 24 - Contracts to be Assigned 9

Article 25 - Blasting & Pre-Blasting Survey 9

Article 26 - Permits 9

Article 27 - Rock Removal 10

Article 28 - Government Requirements 10

Article 29 - Sequence of Construction 10

Article 30 - Information Concerning Owner and Engineer 10

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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 Bidding Documents are available online at no cost via the PennBid Program

(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).

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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.

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 1.18 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 1.06 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

00 21 13-5 identified in Paragraph 1.08 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 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 MEETING

5.01 No pre-bid meeting is scheduled.

ARTICLE 6 - SITE AND OTHER AREAS

6.01 The Site 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

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7.01 Bidder shall submit all questions about the meaning or intent of the Bidding Documents via the “Messages/Vendor Discussions” feature in PennBid no later than seven (7) days prior to the date for receipt of bids.

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

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 15 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, or those substitutes or “or-equal” materials and equipment approved by Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or “or-equal” item. No item of material or equipment will be considered by Engineer as a substitute or “or-equal” unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall conform to requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

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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, without an increase in the Bid.

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 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.

ARTICLE 13 - PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents for Reference. Bidders shall complete the electronic bid form within PennBid (“Prepare Your Submission” tab).

ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS

14.01 Lump Sum

A. Bidders shall submit a Bid on a lump sum basis for each item of Work listed in the electronic Bid schedule including any incidental Bid items.

B. The total of all estimated prices will be the sum of the estimated lump sum price of each item.

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 shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) by the date and time indicated in the Invitation for Bids along with the Bid security and the other documents required to be submitted as identified herein.

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.

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ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn or modified at any time within PennBid prior to the date and time identified in the Invitation for Bids.

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 A summary of bids received will be issued via a Public Notice on PennBid shortly after bid opening, the time of which is listed in the Invitation to Bid. It should be noted that bid results are subject to further review and should not be construed as issuance of award.

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 or 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 that 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 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 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, lump sum 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, Owner will award the Contract to the lowest responsible and responsive Bidder whose Bid is in the best interests of the Project.

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19.07 In the event that, after bids are opened, there are two or more bidders who submit bids (by unit price or total bid price, as such low bid is to be determined under the bid specifications) which are identical, such that the Owner cannot determine the low bidder solely by evaluation of the bid price, then, in that event, Owner reserves the right to determine the low bidder by either of the following methods, in the sole discretion of Owner: 1.) Owner may elect to evaluate the qualifications of the bidders who submitted identical bids, in order to determine the best qualified bidder, taking into account the number, scope, and cost of projects performed by each bidder (as disclosed in the bid submissions) over the past three (3) calendar years, including any jobs previously performed for the Owner; or 2.) Owner may elect to draw lots among the bidders who submitted identical bids, with the manner of determination (coin-flip, drawing of names, etc.) to be determined solely in the discretion of the Owner. In the event that Owner must resort to determining the low bidder under the terms of this paragraph, Owner shall notify the tie bidders of the nature of criteria to be used to determine the low bidder, and, in the event that Owner shall draw lots to determine the low bidder, the date, time and place where such drawing of lots shall occur.

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 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.

ARTICLE 22 - SALES AND USE TAXES

22.01 Owner is exempt from Pennsylvania state sales and use taxes on certain materials and equipment to be incorporated in the Work. Contractor will be provided with a copy of Owner's tax-exempt certificate. Said taxes shall not be included in the Bid. Refer to Paragraph 1.16 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 Not used.

ARTICLE 25 - BLASTING AND PRE-BLASTING SURVEY

25.01 No blasting is permitted for the execution of this contract.

ARTICLE 26 - PERMITS

26.01 Paragraph 1.25 of the Supplementary Conditions presents the respective obligations of Owner and Contractor, with regard to the obtaining of permits and/or approvals from governmental

00 21 13-10 agencies relative to the proposed Work.

ARTICLE 27 - ROCK REMOVAL

27.01 The Total Bid Price is to include rock removal required to accomplish construction.

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

6.09 of the General Conditions.

ARTICLE 29 - SEQUENCE OF CONSTRUCTION

29.01 Section 01 12 00 Summary of Project notes the sequence of construction.

ARTICLE 30 - INFORMATION CONCERNING OWNER AND ENGINEER

31.01 Owner:

Middle Smithfield Township 147 Municipal Drive East Stroudsburg, PA 18302 Telephone: (570) 223-8920 Attention: Annette Atkinson, Chairperson

31.02 Engineer:

Gilmore and Associates, Inc.

3850 Sierra Circle, Suite 100 Center Valley, PA 18034 Telephone: (610) 366-8064 Fax: (610) 366-0433 Attention: Benjamin Kutz, P.E.

END OF DOCUMENT

SUPPLEMENTAL INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS

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DOCUMENT 00 21 13.1

Using the PennBid™ electronic bid management system to respond to this solicitation:

Gilmore & Associates, Inc. is utilizing the PennBid™ electronic procurement program for its solicitations, bid requests, RFPs, and RFQs. Bid documents are available online, all Q&A’s are via email, and sealed bids can be submitted and updated online. Interested bidders need to register only once, a free process that takes only a few minutes. Once registered, bidders have access to all our publically available bids and solicitations. Bidders can obtain all project documents and submit and update their confidential bids online.

Sealed Bid Confidentiality – At no time before Bid Opening can anyone see your electronic bid.

Documents – All documents may be downloaded directly to your computer. Documents can be electronically sent to your suppliers and subcontractors.

Being added to the “Bidders List” – By downloading any document, you are automatically added to the list of bidders for this solicitation.

This document is intended to facilitate the inclusion of “Instructions to Bidders,” within the bidding documents for agencies not using industry-standard documents, such as EJCDC Document C-200, or AIA-A701.

Note these revisions simply address the bid submission process, as it relates to promoting consistency by utilizing

PennBid for bid management. Further revisions may be required to address unique project conditions, or owner-specified concerns/requirements.

ARTICLE 1 – BIDDING DOCUMENTS

Bidding documents are available at no cost via the PennBid Program (https://pennbid.bonfirehub.com)

ARTICLE 2 – INTERPRETATIONS AND ADDENDA

Bidder shall submit all questions about the meaning or intent of the Bidding Documents via the “Messages/Public Q&A” feature in PennBid no later than seven (7) days prior to the date for receipt of bids.

ARTICLE 3 – PREPARATION OF BID

The Bid Form is included with the Bidding Documents for Reference. Bidders shall complete the electronic bid form within

PennBid (“Prepare Your Submission” tab), inclusive of all pricing items and required supporting documents as identified.

▪ Enter the financial bid

▪ Answer questions

▪ Attach a single electronic file or zipped folder containing the documents listed below:

o 00 43 13 – Bid Bond or other Bid Security

00 21 13.1-2 o 00 45 10 – Bidder’s Acknowledgement Form o 00 45 13 – Bidder Qualification Statement or Construction Contractor’s Qualification Statement for

Engineered Construction (AGC Document No. 220) with the exception of providing the recent Financial

Statement.

o 00 45 19 – Non-Collusion Affidavit (This may not be required if covered as questions on Bid form) o 00 45 53 – Agreement of Surety o 00 73 00 – Appendix B – Public Works Employment Verification Form (This is required for contracts with a total project cost estimated at over $25,000 for construction, reconstruction, demolition, alteration or repair work – other than maintenance – using state and/or local funds)

ARTICLE 4 – SUBMITTAL OF BID

Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) by the date and time indicated in the Invitation for Bids along with the Bid security and the other documents required to be submitted as identified herein.

ARTICLE 5 – MODIFICATION AND WITHDRAWAL OF BID

A Bid may be withdrawn or modified at any time within PennBid prior to the due date and time identified in the Invitation for Bids.

ARTICLE 6 – OPENING OF BIDS

After bid opening, the time of which is listed in the Invitation to Bid, a public notice will be issued via PennBid containing any available bid results. It should be noted that bid results are subject to further review and should not be construed as issuance of an award.

Verifying that your bid was submitted

If submitted properly, you will receive an acknowledgement appearing in the middle of your screen saying “Your bid has been submitted”.

Withdrawing Your Bid

You may withdraw your bid anytime up to bid due date and time by simply clicking on Withdraw Bid, located at the bottom of the Bid tab.

Help Guides

There are several Help Guides available from the PennBid™ Home Page.

BID FORM

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DOCUMENT 00 41 00

Note: The Bid Form Pricing Section is included with the Bidding Documents for Reference. Bidders shall complete the electronic bid form within PennBid (“Prepare Your Submission” tab), inclusive of all pricing items and required supporting documents as identified.

PROJECT IDENTIFICATION: 2600789

CONTRACT IDENTIFICATION AND NUMBER: 26-02

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to: Middle Smithfield Township

147 Municipal Drive

Attention: Annette Atkinson, Chairperson

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with

Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 - BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders including, without limitation, those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 - BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged.

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and

Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress and performance of the Work.

D. Bidder has carefully studied 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 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 the Supplementary Conditions as containing reliable “technical data”.

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E. Bidder has considered 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 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 the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01 E. above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this 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. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that

Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance of the Work for which this Bid is submitted.

ARTICLE 4 - BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham

Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01 D.:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

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ARTICLE 5 - BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

SCHEDULE OF BID ITEMS

Item No. Description Estimated Quantity Total Price (In Figures)

#1-1 Mobilization and demobilization 1 L.S. $____________________

#1-2 Temporary access and erosion & sediment controls 1 L.S. $____________________

#1-3 Demolition of remaining building structure 1 L.S. $____________________

#1-4 Backfill and site grading 1 L.S. $____________________

#1-5 Removal of rock entrance, seeding and revegetation of site 1 L.S. $___________________

Alternate #1 Items

#2-1 Deductions to demolition scope 1 L.S. $___________________

Lump Sum Prices have been computed in accordance with paragraph 11.03.B of the General Conditions and paragraph 1.21.A of the Supplementary Conditions.

Bidder acknowledges that estimated prices are not guaranteed, may be reduced, and are solely for the purpose of comparison of Bids and final payment for all Lump Sum Bid items will be based on actual lump sum prices provided, determined as provided in the Contract Documents.

Total Bid Price for Contract No. 26-02 (Base Bid)

(In Figures)

(In Words)

Total Bid Price for Contract No. 26-02 (Alternate Bid)

(In Figures)

(In Words)

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ARTICLE 6 - TIME OF COMPLETION

6.01 Bidder agrees that the Work will be completed and ready for final payment in accordance with Article 4.02 of the Agreement within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work within the contract times.

ARTICLE 7 - ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security in the form of Bid Bond;

B. Required Agreement of Surety;

C. Required Bidder Qualification Statement with Supporting Data;

D. List of Proposed Subcontractors, Proposed Suppliers and other individuals and entities required to be identified in this Bid;

E. Non-Collusion Affidavit;

F. Public Works Employment Verification Form

G. Nondiscrimination/ Sexual Harassment Clause

ARTICLE 8 - COMMUNICATIONS

8.01 Communications concerning this Bid shall be addressed to the following individual:

If the address, telephone number, and fax number of the above individual is different than noted at the end of the Bid Form, note the address, telephone number, and fax number of the above individual:

Business Address:

E-mail Address:

Telephone No.: (____)

Fax No. (____)

ARTICLE 9 - DEFINED TERMS

9.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to

Bidders, the General Conditions, and the Supplementary Conditions.

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ARTICLE 10 - BID SUBMITTAL

10.01 This Bid is submitted by:

If Bidder is:

An Individual

Name (typed or printed):

By:

(Individual’s signature)

Doing business as:

A Partnership

Partnership Name:

By:

(Signature of general partner – attach evidence of authority to sign)

Name (typed or printed):

Title:

A Corporation

Corporation Name: (SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):

By:

(Signature – attach evidence of authority to sign)

Name (typed or printed):

Title:

Attest

Date of Qualification to do business in Pennsylvania is ____/____/____.

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A Joint Venture

Name of Joint Venture:

First Joint Venturer Name: (SEAL)

(Signature of first joint venture partner – attach evidence of authority to sign)

Second Joint Venturer Name: (SEAL)

(Signature of second joint venture partner – attach evidence of authority to sign)

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

Bidder’s Business Address

Telephone No. Fax No.

Email

SUBMITTED on , 20 .

DAMAGES FORM

EJCDC C-435 Bid Bond (Damages Form)

Prepared by the Engineers Joint Contract Documents Committee.

BID BOND

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Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name and Include Location):

Contract No. 26-02

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal sum $

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

DAMAGES FORM

EJCDC C-435 Bid Bond (Damages Form)

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1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder’s Bid and the total amount of the Bid of the next lowest, responsible Bidder who submitted a responsive Bid as determined by Owner for the Work required by the Contract Documents, provided that:

1.1 If there is no such next Bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and

1.2 In no event shall Bidder’s and Surety’s obligation hereunder exceed the penal sum set forth on the face of this Bond.

1.3 Recovery under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

BIDDER’S ACKNOWLEDGEMENT FORM

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PROJECT IDENTIFICATION: 204 Great Bear Way Road Demolition

CONTRACT IDENTIFICATION AND NUMBER: Contract No. 26-02

1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with

OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER.

3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all of which is hereby acknowledged.

Addendum No. Addendum Date

B.