6-Part I - Cover and Bid Form Updated 10.1.25.pdf

BOROUGH OF STROUDSBURG

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS

FOR

ANN STREET PARKING GARAGE

REHABILITATION OF EXISTING PARKING GARAGE

BOROUGH OF STROUDSBURG, MONROE COUNTY, PA

PROJECT NO.: 3498 DATE: SEPTEMBER 23, 2025

PREPARED FOR: BOROUGH OF STROUDSBURG

700 Sarah Street

Stroudsburg, PA 18360

PREPARED BY: PETERS CONSULTANTS, INC.

Consulting Engineers and Surveyors

2701 Columbia Blvd.

Bloomsburg, PA 17815

PHONE: (570) 752-4433

FAX: (570) 752-4434

Website: www.petersconsultants.com http://www.petersconsultants.com/

SPECIFICATIONS

TABLE OF CONTENTS

PART I - BIDDING AND AGREEMENT FORMS AND BONDS

Notice Inviting Bids

Instructions to Bidders

Bid Forms

Bid (Proposal)

Statement of Bidders Qualifications

Bid Form

Quantities of Work

List of Subcontractors

Bidder's General Information

Non-Collusion Affidavit

Certification on Non-Segregated Facilities & Non-Employment of Illegal Aliens

Bid Bond (Bid Security Form)

Nondiscrimination/Sexual Harassment Clause

Agreement and Bonds

Agreement Form

Worker's Compensation Certificate

Performance Bond

Payment Bond

Contract Administration Forms

Notice of Award

Notice to Proceed

Non-Compliance Notice

Stop Work Notice/Resume Work Notice

Contractor’s Downtime Form

Extra Work Confirmation

Change Order

Work Directive Change

Field Order

Notice of Substantial Completion

Notice of Final Completion

Consent of Surety - Request for Adjustment of Retainage

Consent of Surety for Final Payment

Unconditional Waiver - Progress Payment & Release

Unconditional Waiver - Final Payment & Release

Application and Certification for Payment

PART II - CONDITIONS OF THE CONTRACT

General Conditions of the Contract

00006-092325

GENERAL CONTENTS

TABLE OF CONTENTS (Continued)

PART III - TECHNICAL SPECIFICATIONS

General Requirements Summary of Work Mobilization and Close-Out Maintenance and Protection of Traffic During Construction Painting Traffic Lines and Markings and Signs Dust Control Unforeseen Project Water Pollution Control (Soil Erosion) Submittals Special Requirements Color Audio - Video - Electrography Temporary Facilities and Controls PA One Call Drain Cleaning/Flushing Selective Demolition Shoring and Bracing Cleaning Concrete Surfaces Maintenance of Concrete Cast-In-Place Concrete Concrete Repairs Concrete Rehabilitation Horizontal/Vertical Overhead Repair Mortar Masonry Tuckpointing Joint Sealants Deck Floor Finishes Protective Coatings Painting

PART IV - APPENDICES

APPENDIX A - Owner/Agency Standard Documents APPENDIX B - Rules and Regulations APPENDIX C - Pennsylvania Prevailing Wage Rates APPENDIX D - Compliance with Applicable Statutes and Regulations

APPENDIX E- Guidance on Steel Certification Relative to the

Redevelopment Assistance Capital Program (RACP)

APPENDIX F - Project Sign

APPENDIX G - Key Compliance Guidelines

TABLE OF CONTENTS (Continued)

PART V - SUPPLEMENTAL GENERAL CONDITIONS

ARTICLE

NUMBER TITLE PAGE

0 General 1 1 Supplementary Definitions 1 2 Preliminary Matters 1 3 Contract Documents: Intent, Amending, Reuse 2 5 Bonds and Insurance 2 6 The Contractor’s Responsibilities 4 8 The Owner’s Responsibilities 5

11 Change of Contract Price 6 12 Change of Contract Time 6 14 Payments to the Contractor and Completion 6 16 Contractor’s Downtime 7

SPECIFICATIONS

PART I - BIDDING AND AGREEMENT FORMS AND BONDS

ARTICLE NO. * ARTICLE PAGE

00030 Notice Inviting Bids 1-3

00100 Instructions to Bidders 1-6

Bid Forms

00300 Bid (Proposal) 1

00301 Statement of Bidders Qualifications 2-3

00302 Bid Form 4-6

00302A Quantities of Work 7

00420 List of Subcontractors 8-9

00430 Bidders General Information 10-11

00460 Non-Collusion Affidavit 12

00470 Certification of Non-Segregated Facilities &

Non-Employment of Illegal Aliens 13

00480 Bid Bond (Bid Security Form) 14

00495 Nondiscrimination/Sexual Harassment Clause 15

Agreement and Bonds

00500 Agreement Form 1-3

00600 Worker’s Compensation Certificate 4

00610 Performance Bond 5

00620 Payment Bond 6

Contract Administration Forms

00670 Notice of Award 1-2

00672 Notice to Proceed 3

00673 Non-Compliance Notice 4

00673A Stop Work Notice/Resume Work Notice 5

00673B Contractor’s Downtime Form 6

00673C Extra Work Confirmation 7

00674 Change Order 8-9

00676 Work Directive Change 10-11

00677 Field Order 12

00680 Notice of Substantial Completion 13-14

00681 Notice of Final Completion 15-16

00690 Consent of Surety 17

Request for Adjustment of Retainage

00692 Consent of Surety 18

For Final Payment

00695 Unconditional Waiver 19

Progress Payment and Release

00696 Unconditional Waiver 20

Final Payment and Release

00677 Application and Certification for Payment 21-22

*Refer to lower left corner of page for Article Number reference 00012-092325

PART I - CONTENTS

NOTICE INVITING BIDS

N-1. NOTICE IS HEREBY GIVEN that sealed Bids shall be received from qualified bidders online via PennBid for the Borough of Stroudsburg, “Ann Street Parking Garage -

Rehabilitation of Existing Parking Garage”, and all appurtenant work, in strict accordance with the Contract Documents on PennBid and on file at the office of the Engineer, Peters Consultants, Inc., 2701 Columbia Boulevard, Bloomsburg, PA 17815, or at the office of the Owner, Borough of Stroudsburg, 700 Sarah Street, Stroudsburg PA 18360.

N-2. DATE OF OPENING BIDS: Bids shall be received by the Borough of Stroudsburg online via PennBid until 11:00 A.M. local time on October 21, 2025 at which time they will be opened. Bids will be reviewed at the Council meeting that evening. Thereafter, Bid results will be available online at: http://PennBid.Bonfirehub.com.

N-3. LOCATION OF THE WORK: The Work to be constructed hereunder is located at 6th

Street and Ann Street in the Borough of Stroudsburg, Monroe County, PA.

N-4. DESCRIPTION OF THE WORK: The Parking Garage was constructed in 2004. The second-floor elevated deck is comprised of precast concrete “Double T” slabs. Due to elemental exposure, the deck and structural concrete components have deteriorated, primarily along the longitudinal joints and pour strips between adjacent spans and decks. This rehabilitation project will renew the longitudinal joints and pour strips and will address isolated cracking and spalling throughout the structure. A protective coating will also be applied to slab at grade and elevated surfaces to enhance surface durability.

This Project is contingent upon obtaining all local, state and federal permits from all governmental agencies. If permitting is not obtained by the Owner, this Agreement can be terminated at the convenience of the Owner without any claims by Contractor for damages or costs.

N-5. NOTICE CONCERNING BIDS: Notices and addenda shall be issued to only those persons and contractors whose names and addresses are on record with the Engineer as having obtained the Contract Documents.

N-6. COMPLETION OF WORK: Time is of the essence. The work must be substantially signed, dated and approved on the Notice of Substantial Completion Form by the engineer, contractor and owner within 120 calendar days after the commencement date stated in the

Notice to Proceed. The 120 calendar days will start after all equipment delivery dates are established. Liquidated damages will be assessed for each calendar day for failure of the contractor to substantially complete the work within the calendar days reserved for the Contract and/or for failure to sign and date the Notice of Substantial Completion Form.

N-7. AWARD OF CONTRACT: (a) The Work hereunder is set forth on the Bid Form -

Pricing on PennBid and within these contract documents. The Owner reserves the right to award to the lowest responsive, responsible Bidder and reject all other Bids, as it may best serve the interest of the Owner. The Owner further reserves the right after viewing Bids to reject any part or all Bids, to waive any formality, technical defects or irregularities in a Bid.

00030-092325 NOTICE INVITING BIDS

http://pennbid.bonfirehub.com/

(b) As a condition of award, the successful Bidder shall be required to submit bonds, and insurance, prior to execution of the Agreement by the Owner. Failure to meet this requirement shall constitute abandonment of the Bid by the Bidder and forfeiture of the Bid Bond or other security will be processed by the Owner. The Contract shall then be considered for award to the next lowest responsive, responsible bidder.

N-8. BID SECURITY: Each Bid shall be accompanied by an approved Bid Bond in the amount of 10 percent of the total Bid Price, payable to the Borough of Stroudsburg, as a guarantee that the Bidder, if its Bid is accepted, shall promptly obtain the required Bonds and Insurance and shall prepare the required submittal documents and execute the Agreement. A Bid Bond shall be secured by a guaranty or Surety Company listed in the latest issue of U. S. Treasury Circular 570 and the amount of the required bid security shall be less than the maximum specified for the guaranty or surety company in U.S. Treasury Circular 570.

N-9. BIDS TO REMAIN OPEN: The Bidder shall guarantee the total Bid and total Bid price for a period of 60 calendar days from the date of Bid opening or as allowed by law.

N-10. CONTRACTOR LICENSE/PERMIT CLASSIFICATION: Each contractor and subcontractor are required to inquire of the Owner and the municipality and purchase, obtain and maintain permits necessary to undertake the Work as part of the Bid. NOTE: The Borough of

Stroudsburg has waived permit fees.

N-11. WAGE RATE REQUIREMENTS: A determination has been made by the

Pennsylvania Department of Labor and Industry and/or Federal US Department of Labor for the general prevailing rate of per diem wage for each of the localities in which the Work is to be performed. Copies of these wage rate determinations are included herein. It shall be mandatory upon the contractor to whom the Work is awarded and upon any subcontractor under the contractor to pay not less than wage determination specified rates to all workers employed by them in the execution of the Work, and the contractor shall post a copy of wage determination specified rates at the project sites. Prevailing wage rates are required to be paid per State and Federal Regulations for all Bids over $25,000.00.

N-12. RETAINAGE FROM PAYMENTS: The Owner shall retain a 10 percent payment due under the Contract Documents for all Work in place or materials stored on site until 70 percent of the Work is in place at which time retainage may be considered for reduction to 5 percent if all

Change Orders have been executed and proof of payment is submitted to the Owner showing that all subcontractors, suppliers and agency inspectors have been paid. All material must be paid for also. Reduction to 5 percent is not a mandatory requirement of the Owner.

N-13. PRE-BID VISIT TO WORK SITE: There will be an optional pre-bid walkthrough of the project site on Tuesday, October 14, 2025 at 11:00 A.M. local time.

N-14. EXISTING REPORTS ON SUBSURFACE INVESTIGATIONS:

No subsurface reports from the Owner and/or Engineer are available for this Project. The

Contractor has the absolute right to conduct any subsurface investigations. If the Contractor conducts any intrusive subsurface investigation, the excavated area needs to be returned pre-investigation condition with the installation of like materials removed and edge of excavation sealed. Failure of the Contractor to investigate any pre-bid subsurface conditions will fall solely on the Contractor, with no claim considered from the time of bidding through complete project closeout. The Contractor shall not rely on any subsurface reports furnished.

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N-15. OBTAINING OR INSPECTION OF CONTRACT DOCUMENTS:

(a) A full set of Contract Documents can be viewed and obtained online at http://PennBid.Bonfirehub.com.

(b) Bids must be submitted upon forms furnished by the Owner.

(c) 10% of the total Bid Price shall be included in the submission of the Bid, in the form of a Bid Bond.

N-16. PROJECT ADMINISTRATION: All communications relative to this Work shall be directed to the engineer through PennBid no less than 5 calendar days prior to opening of Bids.

Questions about the project shall be submitted through PennBid. No oral responses to any questions concerning the content of the Contract Documents shall be given, and all questions relating to interpretation of the Contract Documents or proposed products must be submitted in writing at least 5 calendar days prior to the scheduled Bid opening date and any response requiring a change in the Contract Documents shall be in the form of written addenda to the Contract

Documents.

N-17. EEO/WAGES/SALARIES: Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this Project;

that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, age, color, religion, sex, sexual orientation, gender identity, national origin or handicap.

Contractors and Subcontractors shall utilize the Federal Employment Verification Program system to verify the employment eligibility of each new employee hired after January 1, 2013. Contractors and Subcontractors shall submit the Form to the Owner to ensure compliance with the Act. In addition to the Form, the Contractor and Subcontractor shall maintain documentation of continued compliance with the Act by utilizing the EVP for new employees hired throughout the duration of the project. Contractor shall submit a completed Form to the Owner as a precondition to awarding the Project.

Bids may be held by Borough of Stroudsburg for up to 60 days, or as allowed by law, from the date of opening for the purpose of reviewing the Bids and investigating the qualifications of

Bidders prior to awarding the contract. The Borough of Stroudsburg reserves the right to accept the lowest responsible Bidder, to reject any or all Bids, to waive any irregularities, or to negotiate the Contract amounts.

END OF NOTICE INVITING BIDS

00030-092325 http://pennbid.bonfirehub.com/

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS - Terms used in these Instructions to Bidders and the Notice Inviting

Bids which are defined in the General Conditions have the meanings assigned to them in the General

Conditions. The term "Bidder" means one who submits a Bid directly to the Owner, as distinct from a Sub-Bidder, who submits a Bid to a Bidder. The term "Engineer" shall be defined in the

Supplementary General Conditions."

2. COMPETENCY OF BIDDERS - In selecting the lowest responsive, responsible Bidder, consideration shall be given not only to the financial standing but also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled

"Information Required of Bidder - Bidder's General Information," bound herein.

3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, Partnership, Corporation, or Association under the same or different names shall not be considered.

If the Owner believes that any Bidder is interested in more than one Bid of the Work contemplated, all Bids in which such Bidder is interested shall be rejected. If the Owner believes that collusion exists among the Bidders, all Bids of the colluders shall be rejected. No Bid shall be accepted from, nor Contract awarded to, anyone who is in arrears to the Owner upon debt or Contract, or who is in default of surety or otherwise upon any obligation to said Owner, or whose Work heretofore has proven unsatisfactory or dilatory.

4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE PROJECT

(a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract

Documents thoroughly; visit the Project to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider Federal, State, and Local laws and regulations that may affect cost, progress, or performance of the Work; study carefully to correlate the Bidder's observations with the Contract Documents; and notify the Engineer in writing on the enclosed

Request for Information Form of all conflicts, errors or discrepancies noted in the Contract

Documents.

(b) Reference is made to the Supplementary General Conditions for identification of any reports or existing plans of explorations and tests of subsurface conditions at the Project which have been utilized by the Engineer in the preparation of the Contract Documents. These reports are not a part of the Contract Documents.

(c) Copies of such reports and drawings shall be made available for inspection by the

Owner to any Bidder upon request. Those reports and drawings are not part of the Contract

Documents, but the technical data contained therein upon which the Bidder is entitled to rely, as provided in the Supplementary General Conditions, may be incorporated therein by reference.

(d) Information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the Project is based upon information and data furnished to the Owner and the Engineer by the owners of such underground utilities or others, and the

Owner and the Engineer does not assume responsibility for the accuracy or completeness thereof

00100-092325 unless it is expressly provided otherwise in the Supplementary General Conditions or the Section entitled "Protection of Existing Facilities" of the Technical Specifications. If there is an unmarked or mismarked underground facility in violation of the PA One Call System the Contractor is responsible for submitting their claim for compensation due to the unmarked or mismarked underground facility to the respective utility company and/or the respective utility companies

Insurance Carrier. The Owner and Engineer will not be responsible for any unmarked or mismarked underground facility or any claims related to the same, except for Owner owned lines.

If there is an unmarked or mismarked underground facility in violation of the PA One Call System the Contractor is responsible for submitting their claim for compensation due to the unmarked or mismarked underground facility to the respective utility company and/or the respective utility companies Insurance Carrier. The Owner and Engineer will not be responsible for any unmarked or mismarked underground facility or any claims related to the same.

(e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on site conditions, subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Article 4.3 of the General Conditions of the Contract.

(f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the Project or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the

Contract Documents.

(g) Where feasible, upon request in advance, the Owner shall provide each Bidder access to the Project to conduct such explorations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall clean up and restore the Project to its former condition upon completion of such exploration.

(h) The land upon which the Work is to be performed, the right-of-ways and easements for access thereto, and other land designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional land and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor.

Easement for permanent structures or permanent changes in existing structures shall be obtained and paid for by the Owner unless otherwise provided in the Contract Documents.

(i) The submittal of a Bid shall constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of Article 4, herein entitled: "Bidders

Examination of Contract Documents and The Project"; that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the

Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work.

5. INTERPRETATIONS - All questions about the meaning or intent of the Contract

Documents are to be directed to the Engineer online via PennBid. Interpretations or clarifications considered necessary by the Engineer in response to such questions shall be resolved by the issuance of Addenda via PennBid. Each Addenda needs to be acknowledged prior to bid opening.

Questions will NOT be answered within 5 calendar days prior to the date of opening Bids. Only questions that have been resolved by formal written Addenda shall be binding. Oral and other interpretations or clarifications shall be without legal or contractual effect.

6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by an approved Bid Bond in the amount stated in the Notice Inviting Bids. Said bond shall be made payable to the Owner and shall be given as guarantee that the Bidder, if awarded the Work, shall enter into an Agreement with the Owner and shall furnish the necessary Insurance Certificates, Payment Bond, and Performance Bond. Each of said bonds shall be in the amount stated in the

Supplementary General Conditions. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the Owner.

If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form.

** IMPORTANT**: Surety companies executing Bonds must appear on the Treasury

Department’s most current list (Circular 570 as amended) and must be authorized to transact business in the Commonwealth of Pennsylvania.

7. RETURN OF BID SECURITY - Within 14 calendar days after award of the Contract, the Owner shall return all bid securities accompanying the Bids that are not considered in making the award. All other Bid securities shall be held until the Agreement has been fully executed. All other bid securities shall then be returned to the respective Bidders whose Bids they accompany.

8. BID FORM – The Bid shall be made of the Bid Form – Pricing located on PennBid. In the event there is more than one Bid Form, the Bidder may Bid on any individual or any combination of Forms.

9. SUBMITTAL OF BIDS - The Bids shall be submitted online via PennBid by 11:00 A.M.

on October 21, 2025. It is the Bidder's sole responsibility to see that their Bid is received in proper time. Owner is not responsible for undelivered mail. Bids shall not be accepted after the appointed time for opening of Bids, no matter what the reason. No telegraphic or facsimiles of Bids or Bid modifications shall be accepted, no matter what the reason.

10. DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid

Form, the Bidder shall furnish a price for all Bid Items in the Form, and failure to do so shall render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid

Items in a Bid Form and the "amount" indicated for a unit price Bid Items does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount shall be corrected accordingly, and the Contractor shall be bound by such correction.

In the event that there is more than one Bid Item in a Bid Form and the total indicated for the

Forms does not agree with the sum of prices Bid on the individual items, the prices Bid on the individual items shall govern the total for the Form and shall be corrected accordingly, and the

Contractor shall be bound by said correction.

11. QUANTITIES OF WORK

11.1 General: (a) The quantities of Work or material stated in unit or lump sum price items of the Bid are supplied only to give an indication of the general scope of the Work; the Owner does not expressly or by implication agree that the actual amount of Work or material shall correspond therewith.

(b) In the event of an increase or decrease in a Bid item quantity of a unit or lump sum price Contract, the total amount of Work actually done or materials or equipment furnished shall be paid for according to the unit or lump sum prices established for such Work under the Contract

Documents; provided, that increases of more than 25 percent, decreases of more than 25 percent, and eliminated items shall be adjusted as provided in Article 10 of the General Conditions.

12. WITHDRAWAL OF BID - The Bid may be withdrawn by the Bidder by means of a written request on company letterhead, signed by the Bidder or their properly authorized

Representative. The written request must be delivered to the place stipulated in the Notice Inviting

Bids prior to the scheduled closing time for receipt of Bids.

13. MODIFICATION AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisions attached to the Bid shall render it informal and may cause its rejection as being non-responsive. The completed Bid form shall be without interlineations, alterations, or erasures, but if any interlineations, alterations or erasures are on the Bid form, they will be acknowledged at the time of bid opening and may be considered for acceptance of the Bid.

Alternative Bids shall not be considered unless expressly called for in the Notice Inviting Bids.

Oral, telegraphic, or telephone Bids or modifications shall not be considered.

14. LIQUIDATED DAMAGES - Provisions for liquidated damages shall be as set forth in the Agreement.

15. SUBSTITUTE OR "OR-EQUAL" ITEMS - The Work, if awarded, shall be on the basis of materials and equipment described in the Drawings or specified in the Technical Specifications without considerations or possible substitute or "or-equal" items. Whenever it is indicated in the

Drawings or specified in the Technical Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to the Engineer, application for such acceptance shall not be considered by the Engineer until after the Effective Date of the

Agreement.

The procedure for submittal of any such application by the Contractor and consideration by the

Engineer is set forth in Section 01060 entitled: "Submittals" of the Technical Specifications.

16. AWARD OF CONTRACT - (a) Award of Contract, if it is awarded, shall be based primarily on the lowest overall cost to the Owner, and shall be made to a responsive, responsible

Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award shall be made within the period stated in the Notice Inviting Bids that the Bids are to remain open, unless extended by mutual agreement of the Bidder and Owner.

00100-092325

(b) Unless otherwise indicated, a single award shall not be made for less than all the Bid

Items of an individual Bid Form. In the event the Work is contained in more than one Bid Form, the Owner may award Forms individually or in combination. In the case of two or more Bid Forms which are alternative to each other, only one of such alternative Forms shall be awarded.

17. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written Agreement with the Owner on the form of Agreement provided, shall secure all Insurance, and shall furnish all Certificates and Bonds required by the Contract Documents within 10 calendar days after the receipt of the Agreement forms from the Owner. Failure or refusal to enter into an

Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for any annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the Owner may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the Owner may award the

Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such Bidder's Bid Bond shall be likewise forfeited to the Owner.

18. LIABILITY - Contractor’s Waiver of Right to Make Claim against the Engineer.

Contractor also agrees that any Contract by the Owner with any Contractor or Construction

Manager for Work on the Project shall specifically state that Contractor shall make no claim against the Engineer or any of the Engineer’s sub-consultants for this Project (whether based on Contract, tort or otherwise). The Contractor hereby waives any right to make any claims against the Engineer or any of the Engineer’s sub-consultants. Contractor also agrees to place such a clause as this in all its agreements with any Subcontractors for the Project restricting their right to recovery to breach of Contract against the Contractor and also waiving any right to make claim against the Project

Engineer or the Engineer’s sub-consultants”. Should the Contractor fail to include such a clause in the Agreement, that failure shall be deemed a material breach of the Agreement and the measure of damages recoverable from the Contractor by the Engineer for this breach shall be all Attorney’s fees and costs incurred by the Engineer or any of the Engineer’s sub-consultants in defending any

Contractor or Subcontractor’s claim and any damages any of them are required to pay to such

Contractor or Subcontractor. Nothing contained in the Agreement shall create a contractual relationship with or cause of action in favor of a third party against either the Owner or Engineer.

The Contractor agrees that it shall include in its agreement with the Owner and/or Construction

Manager the following clause: The Owner and the Engineer have acknowledged that nothing in the

Engineer’s engagement implies any undertaking by the Engineer for the benefit of or which may be enforced by the Contractor, its Subcontractors, or the surety of any of them; it being understood that the Engineer’s obligations are to the Owner and that, in performing such obligations, the

Engineer may increase the burdens and expense of the Contractor, its Subcontractors or the surety of any of them. Neither the Contractor, its Subcontractor nor the surety of any of them may bring civil suit or other legal action against the Engineer arising out of or in connection with the Project.

19. WORKER'S COMPENSATION REQUIREMENT - The Bidder shall be aware that in accordance with laws of the Commonwealth of Pennsylvania, the Bidder shall, if awarded the

Contract, be required to secure payment of compensation to its employees and execute the Worker's

Compensation Certification.

20. SPECIAL LEGAL REQUIREMENTS - (a) Materials purchased for this Contract may be eligible for Sales Tax Exemption. The Contractor shall determine which materials are tax exempt, the tax-exempt amount, and shall specifically reflect these exemptions in their Bid and if no indication of Sales Tax Exemption is listed, the Owner will NOT consider Sale Tax Exemption after the Bid is submitted.

(b) Permit fees have been waived by the Borough of Stroudsburg for this project.

(c) Plans of Utilities owned by the Owner on file, shall be made available by the Owner to the Contractor upon award of the Contract.

21. BIDDING REQUIREMENTS - The following items are part of and shall accompany the

Sealed Bid:

(a) Bid

(b) Statement of Bidders Qualifications

(c) Bid Form on PennBid

(d) Signed Quantities of Work

(e) List of Subcontractors

(f) Bidders General Information forms

(g) Non-Collusion Affidavit

(h) Certification of Non-Segregated Facilities & Non-Employment of Illegal Aliens

(i) Bid Bond

(j) Nondiscrimination/Sexual Harassment Clause

(k) Worker’s Compensation Certificate

22. STANDARD REQUIREMENTS – All workmanship, materials, supplies and construction shall be in accordance with the Contract Documents.

END OF INSTRUCTIONS TO BIDDERS

BID FORMS

B I D

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Agreement with the Owner in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled:

PROJECT NO. 3498

Bidder accepts all of the terms and conditions of the Contract Documents, including, without limitation, those in the Notice

Inviting Bids and Instructions to Bidders, dealing with the disposition of the Bid Security.

This Bid is due at the date, time and location indicated in the Notice Inviting Bids and shall remain open for the period stated in the Notice Inviting Bids unless otherwise required by law. Bidder shall enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and shall furnish the Agreement, Insurance Certificates, Payment Bond, Performance Bond, and Permits required by the Contract Documents. **IMPORTANT**: Surety companies executing

Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and must be authorized to transact business in the Commonwealth of Pennsylvania.

Bidder has examined copies of all the Contract Documents including the following Addenda (receipt of which is hereby acknowledged):

Number Date

Number Date

Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the Site, the locality where the Work is to be performed, the legal requirements (Federal, State, and Local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or performance of the Work and has made such independent investigation as Bidder deems necessary.

In conformance with current statutory requirements of Pennsylvania Labor Code, et seq., the undersigned confirm the following as its Certification:

I am aware of the provisions of the Pennsylvania Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake Self Insurance in accordance with the provisions before commencing the performance of the Work of this Contract.

To all the foregoing and including Statement of Bidders Qualifications, Bid Form, Quantities of Work, List of

Subcontractors, Bidder's General Information, Non-Collusion Affidavit, Certification of Non-Segregated Facilities & Non-

Employment of Illegal Aliens, Bid Bond, Nondiscrimination/Sexual Harassment Clause and Worker’s Compensation

Certificate on PennBid contained in these Bid Forms, said Bidder further agrees to complete the Work required under the

Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Unit Bid Price(s) named in the aforementioned Bid Schedule. The bidder is required to submit a financial and experience statement with the bid.

Dated: Bidder:

By:

Corporate Seal if applicable: (Signature)

Title:

Address:

Phone:

00300-092325

BID

BID FORMS - PAGE 1

STATEMENT OF BIDDERS QUALIFICATIONS

All questions must be answered and the date given must be clear and comprehensive. This statement must be

Notarized. If necessary, questions may be answered on separate, attached sheets. The Bidder may submit any additional information he/she desires.

1. Name of Bidder:

2. Permanent main office address:

3. When organized:

4. If a corporation, where incorporated:

5. How many years have you been engaged in the contracting business under your present firm or trade name?

6. Contracts on hand:

(Schedule these showing amount of each and appropriate anticipated dates of completion).

7. General character of work performed by your company:

8. Have you ever failed to complete any work awarded to you?

If so, where and why?

9. Have you ever defaulted on a Contract?

If so, where and why?

10. List the more important Projects recently completed by your company, stating the cost for each and the month and year completed:

11. List your major equipment available for this Contract:

12. Experience in construction work similar in complexity to this Project:

13. Background and experience of the Principal members of your organization, including the officers:

14. Number of employees:

15. Job classification of employees:

16. Credit available: $__________________________________

17. Bank reference: ____________________________________

18. Upon request, fill out a detailed financial statement and furnish any other information that may be required by the Borough of Stroudsburg.

19. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Borough of Stroudsburg in verification of the recitals comprising this Statement of

Bidders Qualifications.

20. The undersigned certifies for itself and all of its subcontractors and suppliers that it is not under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority.

21. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Borough of Stroudsburg in verification of the recitals comprising this Statement of Bidder's

Qualifications.

Dated this_________day of______________, 20__.

(Name of Bidder)

By:_________________________________

Title:_______________________________

Commonwealth of________________________________)

County of______________________________)

________________________________________, being a duly sworn Representative of

________________________________________, deposes and says that all statements herein contained are true and correct.

Subscribed and sworn to before me this_______day of________________, 20__.

Notary Public

My Commission Expires_____________________, 20____.

00301-092325

BID FORMS - PAGE 2

(CONTINUED)

Certification:

I,________________________________________________________________, certify that I am the

_________________________________________of the Corporation named as Contractor herein; that

___________________________________who signed this Agreement on behalf of the Contractor, was the____________________________________________of said Corporation; that said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its Corporate powers.

Signature

Title

Corporate Seal (if applicable)

00301-092325

BID FORMS - PAGE 3

BID FORMS

BID FORM

UNIT PRICE BID FOR

NOTE: THIS PROJECT IS CONTINGENT UPON OBTAINING ALL LOCAL, STATE AND FEDERAL PERMITS

AND GRANTS FROM ALL GOVERNMENTAL AGENCIES. IF PERMITTING AND GRANTS IS NOT OBTAINED

BY THE OWNER, THIS AGREEMENT CAN BE TERMINATED AT THE CONVENIENCE OF THE OWNER

WITHOUT ANY CLAIMS BY CONTRACTOR FOR DELAY DAMAGES OR COSTS.

Base bid:

Contractor is to supply all work, labor, material, services and equipment necessary for completion of the work described in the Contract Documents.

It is the Contractor’s responsibility to verify required Work. Lump Sum alternate or unit pricing shown in the Bid Form will form the basis for payment on each of the repair items.

A. GENERAL CONSTRUCTION

ITEM

NO.

DESCRIPTION

QUANTITY

AND UNIT

LUMP SUM

AMOUNT

1. Mobilization/Demobilization Lump Sum $

2. Traffic Control Lump Sum $

3. Longitudinal Tee-to-Tee Joint Repair Lump Sum $

4. Construction Joint Repair (Pour Stops)

Perimeter and Center Lump Sum $

5. T-Beam Connection Flange Repair

Lump Sum $

6. Pedestal Repair Lump Sum $

7. Drain Cleaning/Flushing Lump Sum $

8. Painting and Striping Lump Sum $

9. Deck Floor Finishes Lump Sum $

10. Cleaning Concrete Surfaces Lump Sum $

11. Shoring and Bracing Lump Sum $

00302-092325

BID FORMS – PAGE 4

BID FORM – CONTINUED

A. GENERAL CONSTRUCTION (CONTINUED)

12. Selective Demolition Lump Sum $

13. Maintenance of Concrete Lump Sum $

14. Parking Deck Rehabilitation and Repair Lump Sum $

15. Independent Testing Agency of All

Construction

16. Masonry Tuck Pointing

17. Joint Sealants Lump Sum $

18. All items of work not specifically mentioned above but as noted in these

Contract Documents.

WRITTEN TOTAL PRICE (items 1-18 inclusive for A. General Construction):

ALTERNATE #1:

All work, all labor, materials, services and equipment necessary for completion of the cleaning, coating and painting.

_________________________________________Dollars ($______________________).

Unit Prices:

Rout and seal of cracks: $__________ unit price/linear ft.

Replacement of reinforcing bar: $__________ unit price/linear ft.

Re-weld double tee connections: $__________ unit price/each

Re-weld double tee connections: $__________ # _______ of connections/day Daily rate for welder

(indicate number of connections to be welded in one day.)

Replace double tee connections (exclusive of concrete repair at these locations): $__________ unit price/each

Labor rate per man-hour for additional work: $__________ per man-hour

Material mark-up for additional work: __________ % (Percent)

Mark-up for overhead and profit for additional work provided by a Sub- Contractor and supervised by the Contractor: __________ % (Percent)

BID FORMS – PAGE 5

(Items 1 – 18 Inclusive for A. General Construction)

TOTAL PRICE:

BID FORM - CONTINUED

B. ELECTRICAL CONSTRUCTION

1. Mobilization/Demobilization Lump Sum $

2. Traffic Control Lump Sum $

3. Electrical work per Contract Documents at light standards.

WRITTEN TOTAL PRICE (items 1-3 inclusive for B. Electrical Construction):

BID FORMS – PAGE 6

(Items 1 – 3 Inclusive for B. Electrical Construction)

TOTAL PRICE:

QUANTITIES OF WORK

The quantities of Work or material stated in Unit, alternate or Lump Sum Price items of the Bid

Form are supplied only to give an indication of the general scope of the Work; the Owner does not expressly or by implication agree that the actual amount of Work or material shall correspond therewith, and reserves the right before, at or after award to increase or decrease the amount of any

Unit or Lump Sum Price item of the Work by an amount up to and including 25 percent of any

Bid Item, without change in the Unit or Lump Sum Price, and shall have the right to delete any

Bid Item in its entirety, up to 100 percent of the Bid Item, without change in other Unit or Lump

Sum Prices, or to add additional Bid Items up to and including an aggregate total amount not to exceed 25 percent of the Contract Price.

If there is Work required during Construction which is not listed as a Unit Price, however, similar

Work is listed as bid items on Bid Form; the price for any Change Orders shall be in comparable relationship to the items listed on the Bid Form.

NAME OF GENERAL CONSTRUCTION CONTRACTOR:

ADDRESS OF GENERAL CONSTRUCTION CONTRACTOR:

AUTHORIZED GENERAL CONSTRUCTION CONTRACTOR’S SIGNATURE:

DATE: ______________________________________________________________

NAME OF ELECTRICAL CONTRACTOR:

ADDRESS OF ELECTRICAL CONTRACTOR:

AUTHORIZED ELECTRICAL CONTRACTOR’S SIGNATURE:

DATE: ______________________________________________________________

00302A-092325

QUANTITIES OF WORK

BID FORMS - PAGE 7

INFORMATION REQUIRED OF BIDDER

LIST OF SUBCONTRACTORS

The Bidder shall list below the names and business address of each Subcontractor who shall perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work which shall be done by such Subcontractor. After the opening of Bids, no changes or substitutions shall be allowed except as otherwise provided by law. The listing of more than one Subcontractor for each item of Work to be performed with the words "and/or" shall not be permitted. Failure to comply with this requirement shall render the Bid as non-responsive and may cause its rejection. Subcontractors on site without the proper documentation and insurance, as outlined in the

Contract Documents, will result in immediate dismissal.

Work to be Performed

Contractor

License No.

(if applicable)

Percent of Total

Contract

Subcontractor’s Name and Address

1.

2.

3.

4.

5.

6.

7.

8.

9.

00420-092325

BID FORMS – PAGE 8

Continued

Work to be Performed

Contractor

License No.

(if applicable)

Percent of Total

Contract

Subcontractor’s Name and Address

10.

11.

12.

13.

14.

15.

16.

00420-092325

BID FORMS – PAGE 9

BIDDERS GENERAL INFORMATION

The Bidder shall furnish the following information. Additional sheets shall be attached as required. Failure to complete all items may cause the Bid to be non-responsive and may cause its rejection. In any event, no award shall be made until all of the Bidder's General Information (i.e. Items 1 through 8, inclusive) is provided to the Owner.

1. Bidder/Contractor’s Name and Street Address:

Name of Responsible Officer:

Year Organized: ___________________ If a Corporation, where Incorporated:

Federal Employer Identification Number:

DUNS Number: Contractor’s telephone number :( )

2. Years contracting business under present firm? ______________________

Contracts on hand, showing amount of each and anticipated dates of completion:

General character of work performed by your Company:

List your major equipment available for this Contract: ____________________________________

3. Principals of Contractor: S.S.#

S.S.#

S.S.#

4. Name of person who inspected the Site of proposed Work for the Bidder:

Name:

Date of Inspection:

5. Surety Company and Agent who shall provide the required Bonds on this Contract:

Name and address of Surety

Surety Company Agent

Telephone Numbers: Agent ( ) Surety ( )

6. ATTACH TO THIS BID the experience resume of the person who shall be designated as General

Construction Superintendent or on-site Construction Manager for the Contractor.

7. ATTACH TO THIS BID references and other information, sufficiently comprehensive to permit an appraisal of Contractor's current financial condition.

Credit available $______________________________and Bank References.

00430-092325

BIDDER'S INFORMATION

BID FORMS PAGE 10

BIDDER'S GENERAL INFORMATION

8. LIST BELOW: Three Projects completed as of recent date involving Work of similar type and complexity, listing the following data for each Project.

(1) Project Name/Contract Price

Name, Address, and Telephone Number of Owner's Representative

(2) Project Name/Contract Price

(3) Project Name/Contract Price

The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Borough of Stroudsburg in verification of the recitals comprising this

Statement of Bidders Qualifications.

Dated this ____________ day of ________________, 20__.

By: _______________________________________

Title: ______________________________________

State of___________________________________)

County of _________________________________)

I, _____________________________, being a duly sworn Representative of ______________________________, deposes and says that all statements herein contained are true and correct.

Subscribed and sworn to before me this ____________ day of___________________, 20__.

Notary Public

My Commission Expires ____________________, 20______.

Certification:

I, ___________________________________, certify that I am the ________________________________ of the Corporation named as the Contractor herein; that____________________________________who signed this

Agreement on behalf of the Contractor, was the _______________________________of said Corporation, that said

Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its Corporate powers.

Signature and Title____________________________________________________________________________

00430-092325

BIDDER'S INFORMATION

BID FORMS PAGE 11

NON-COLLUSION AFFIDAVIT TO BE EXECUTED

BY BIDDER AND SUBMITTED WITH BID

COMMONWEALTH OF PENNSYLVANIA

} ss.

COUNTY OF:

I, , being first duly sworn, deposes and says that he or she is of , the party making the foregoing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person, Partnership, Company, Association, Organization, or Corporation; that the Bid is genuine and not collusive or sham;

that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham

Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of the Bidder or any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and shall not pay, any fee to any Corporation, Partnership, Company Association, Organization, Bid Depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

BIDDER:

BY:

TITLE:

ADDRESS:

SEAL AND NOTARIAL ACKNOWLEDGMENT

Subscribed and sworn to, by the person mentioned above, before me this day of

20_ .

Notary Public (Seal)

My Commission Expires

00460-092325

NON-COLLUSION AFFIDAVIT

BID FORMS – PAGE 12

CERTIFICATION OF NON-SEGREGATED FACILITIES

AND NON-EMPLOYMENT OF ILLEGAL ALIEN LABOR

The Bidder certifies that he/she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she does not permit his/her…