Prefabricated Building Install_Bid Packet.pdf

TOWN OF EMMITSBURG

FREDERICK COUNTY, MARYLAND

EUGENE MYERS COMMUNITY PARK BATHROOM/CONCESSION STAND

INVITATION FOR BID

PROJECT MANUAL

Issue Date: April 25, 2024

300 A South Seton Ave.

Emmitsburg, MD 21727

FOX Project No.: 23-31966

PREPARED BY:

82 Worman’s Mill Ct Suite G

Frederick, MD 21701 Phone: 301-695-0880

Fax: 301-293-6009

PROFESSIONAL CERTIFICATION

I HEREBY CERTIFY THAT THESE DOCUMENTS WERE PREPARED

OR APPROVED BY ME, AND THAT I AM A DULY LICENSED

PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF

MARYLAND.

JOSEPH H. CECI

LICENSE NO.__30709_______ EXPIRATION DATE:_7/23/224_

300A South Seton Ave.

INVITATION TO BIDDERS

Sealed bids will be received by the Town of Emmitsburg (Town), Attn: Town Manager, 300A S. Seton Ave., Emmitsburg, MD 21727, for the Eugene Myers Community Park Bathroom/Concession Stand Project. Bids will be accepted by the Town until 3:00 PM on Tuesday, May 21, 2024, at which time they will be opened. Interested bidders are strongly encouraged to attend the pre-bid meeting to be held on Wednesday May 8, 2024 at 2:00 PM via the Zoom meeting platform. Zoom meeting login instructions are located within the bid packet.

Bidder’s scope of work includes all labor and materials necessary to complete the installation of a Prefabricated Concession Stand and Restroom Building, including but not limited to all associated site work, utilities, site restoration, and other related items necessary as further described in the RFP. Specifications and any documents issued during the bidding phase can be obtained at the Town Office located at 300A South Seton Avenue, Emmitsburg, MD 21727, Monday through Friday between 8:00 a.m. and 5:00 p.m. or downloaded at www.emmitsburgmd.gov.

Please submit four (4) hard copies of your bid. No email submittals will be accepted. Please note on bids, “Eugene Myers Community Park Bathroom/Concession Stand Bid, Do Not Open.”

This project is being funded partially by the Maryland Department of Natural Resources Program Open Space and Local Parks and Playgrounds Infrastructure grants.

The Town of Emmitsburg does not discriminate based on race, color, national origin, sex, sexual orientation, religion, age and disability in employment or the provision of services

The Town of Emmitsburg reserves the right to accept or reject any and/or all bids and to waive any informalities or irregularities in the bidding.

BY AUTHORITY OF:

The Town of Emmitsburg, Maryland Allen Frank Davis Jr, Mayor

INFORMATION TO BIDDERS

1. Construction Project:

EUGENE MYERS COMMUNITY PARK BATHROOM/CONCESSION STAND

2. Owner:

Town of Emmitsburg, Maryland 300 South Seton Ave.

(Whenever the word "Owner" is used it shall mean the Town of Emmitsburg, Maryland.)

3. Scope of Work:

The Town of Emmitsburg, Maryland seeks to contract for the services of a general contractor with expertise in all phases of the work associated with the construction, site preparation, and installation of a prefabricated restroom/concession stand building. In accordance with the plans and specification plans titled “Town of Emmitsburg Community Park” by Fox & Associates, Inc., dated January 2023.

The anticipated scope of work to be undertaken by the successful Contractor under the contract for this Project will be the complete installation of the Prefabricated Concession Stand and Restroom Building and associated site work as shown on the plans titled “Town of Emmitsburg Community Park” by Fox & Associates, Inc., dated January 2023.

The proposed building will consist of one 23’-4” x 19’-4” x 9’ high I.D. Precast Building.

See enclosed building specifications. Any work needed to complete this work will be the responsibility of the Contractor. This includes the precast structure, plumbing, electrical, and sewer not covered by the committed subcontractors and vendors mentioned below.

The selected contractor will be responsible for all sediment and erosion control, site grading, building pad construction, concrete flatwork, as well as all site restoration, including but not limited to pavement trench repair, water, sewer, and electric trench restoration, It is anticipated that the Prefabricated Concession Stand and Restroom Building will be purchased by the Town of Emmitsburg, directly from the manufacturer, prior to the award of this Construction Contract.

The prefabricated building will be supplied by Smith-Midland 5119 Catlett Road, Midland, Virginia 22728

The selected contractor will be responsible for all coordination with Smith-Midland for the delivery and installation of the pre-manufactured building.

The selected contractor will be responsible for providing access for the delivery truck(s) and crane to set the prefabricated building.

The Town of Emmitsburg has contracted with KelCo Plumbing for the installation of the water service and sewer lateral. Water and sewer stubs will be provided within 20’ of the prefabricated building. Refer to the provided S.O.W. from KelCo Plumbing. The selected contractor will be responsible for all final water and sewer connections to the new building.

The Town of Emmitsburg has contracted with Dixie Electric to provide the electrical service from the existing transformer to the new on-site transformer. Refer to the provided S.O.W. from Dixie Electric. The selected contractor shall provide the electrical service from the new transformer to the prefabricated building that is not covered by Dixie Electric.

The Town of Emmitsburg will obtain the building permit from Frederick County. The selected contractor will be responsible for all other trade permits required.

4. Length of Contract

One Hundred Twenty Days (120) from Notice to Proceed.

5. FUNDING:

This project is being funded partially by the Maryland Department of Natural Resources Program Open Space and Local Parks and Playgrounds Infrastructure grants.

6. Pre-Bid Meeting

There will be a non-mandatory pre-bid meeting to be held on Wednesday May 8, 2024 at 3:00 PM via the Zoom.

Join Zoom Mee ng h ps://us02web.zoom.us/j/83393056041

Mee ng ID: 833 9305 6041

Passcode: 21727

7. BID OPENING

Bids shall be opened on Tuesday, May 21, 2024 at 2:00 PM , Contact Cathy Willets Cwillets@emmitsburgmd.gov AND Madeline Shaw mshaw@emmitsburgmd.gov for additional information.

8. ESTIMATED START

Notice to Proceed is anticipated to be issued on or about June 6, 2024.

9. Bid Documents:

A. The Town of Emmitsburg (and website, if applicable) is the sole entity authorized to provide this bid package to interested companies or individuals.

Firms who are working from a bid package obtained from any other source may have an incomplete set of documents. The Town assumes no responsibility for any error, omission, or misinterpretation resulting from a Company's use of an incomplete bid package.

Firms who have received the bid package from a source other than the Town of Emmitsburg (and website, if applicable) are advised to contact the office to provide their company name, mailing address, telephone number, fax number, contact name and contact e-mail address. This will ensure that the company receives all bid-related communications and documents, including addenda.

B. Each Bidder is responsible for detailed examination of jobsite, drawings, and specifications and all governing codes and ordinances to ascertain for himself/ herself actual existing conditions, facilities, circumstances, difficulties, restrictions, and requirements, which will affect the work.

Each Bidder shall include all the costs involved with the work in his/her Proposal. (The act of submitting a Proposal shall be taken to mean that the Bidder has familiarized himself/herself with the project and that any inadequate examination of jobsite, Drawings, Specifications, or Codes and Regulations shall not relieve the Bidder from full performance of the work.) No additional allowances will be made because of lack of knowledge of these conditions. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which they make or obtain from their examination of information made available by the Town.

C. It is the intention of the Town of Emmitsburg to bid this project, as one complete project. It is the intent that the Drawings and the Specifications are complete and all inclusive. All work shall be in accordance with the documents listed below.

Special Provisions of the Contract

Contract Technical Specifications

Contract Drawings Frederick County, Maryland Standard Details for Water Mains, Sanitary Sewers and Related Structures are incorporated herein by reference.

Maryland Department of Transportation State Highway Administration, July 2023 Standard Specifications for Construction and Materials, Latest Revision, are incorporated herein by reference.

Maryland Department of Transportation State Highway Administration, Book of Standards - for Highway & Incidental Structures, Latest Revision, are incorporated herein by reference.

2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control, latest revision, are incorporated herein by reference.

Addenda as posted.

D. Request for a clarification or interpretation of Bidding Documents shall be submitted in writing to the Town of Emmitsburg by email to Cathy Willets Cwillets@emmitsburgmd.gov AND Madeline Shaw mshaw@emmitsburgmd.gov , no later than 9:00 a.m. Thursday, May 16, 2024. Responses to requests shall be by addenda as revisions to the Bidding Documents and shall be issued in a reasonable time before the established date for receipt of bids. The Owner will not be responsible for any other clarifications or interpretations, which anyone presumes to make. Requests received after Thursday, May 16, 2024 may not be considered.

E. The Owner reserves the right to revise the Bidding Documents or the Bid

Date by issuing Official Addenda to all Bidders during the bidding period.

F. Bidders' Proposal shall be based on Bidding Documents as modified by Official Addenda.

10. Bid Submission:

A. Bids shall be enclosed in one envelope which includes:

Proposal Cover Page Proposal Form Bidder Certification of Work Capacity Affidavit of Qualification to Bid Bidder’s Affidavit

Original documents shall be inserted into a single envelope addressed to Town of Emmitsburg and identified on the outside as “Town of Emmitsburg Eugene Myers Community Park Bathroom/Concession Stand Project” with the Bidder Name and address on the outside of the envelope.

Bids must be made in accordance with the requirements in the bid documents.

Bidder shall submit his/her bid on the Proposal and Proposal Form provided by the Owner. The Proposal and Proposal Form shall be completely filled in, with all blanks receiving the appropriate information.

B. Erasures or changes in the Proposal and Proposal Form shall be initialed by the Bidder. Unexplained erasures or changes may be cause for bid rejection by Owner. Omissions, deletions, alterations, qualifying conditions, items not requested, extraneous entries, or other irregularities may be cause for bid rejections.

C. No verbal or telephone bid or modification will be considered. Failure to acknowledge receipt of all Addenda may be cause for bid rejection by Owner.

D. The Proposal and Proposal Form shall be signed by authorized principal of firm bidding.

E. In the event of a discrepancy between the unit prices and the extensions (product or quantity and unit price), the unit price will govern. In the case of discrepancy between prices written in words and those written in figures, the written words will govern. In the event that the unit price is not included, the unit price shall be the extended price divided by the quantity.

11. Bid Evaluation, Award, Rejection of Individual Bids, Contract Execution:

A. Per Section 3.12.050, 5 of the Town Code “There shall be no public opening of bids and no proposal shall be otherwise handled so as to permit disclosure of the identity of any bidder or the contents of any proposal to competing bidders during the evaluation process.

B. The Owner reserves the right to waive any informality in the bidding, and to accept any bids, or reject any or all bids, or to award the contract to the lowest responsible bidder.

C. It is the intent of the Town to receive and evaluate responsive and responsible bids on the basis of total bid price, with a complete submission of the Proposal and supporting information described herein, or to make an award the Town determines to be in its best interest. It is the intent of the Town to award the Contract to the lowest responsive, responsible bidder based on the total bid price, provided the bid price is reasonable and it is in the interests of the Town to accept it.

D. A bidder may be required to submit evidence that he has appropriate experience, personnel, equipment and financial resources available to undertake and perform the Contract properly and expeditiously, and any other information that may be required to indicate his ability to fulfill the Contract. These requirements may also be applicable to subcontractors proposed to perform work for the Town’s project.

Items requested by the Town may include but are not limited to the following:

1. submission of at least three (3) projects of similar size, scope and complexity completed within the last five (5) years, including the completion date, owner’s name, authorized representative of the owner familiar with the project, address and phone number. If the bidder performed the work for a project as a subcontractor the general contractor’s name, authorized representative of the contractor familiar with the project, address and phone number shall also be provided

2. a list of subcontractors including names, addresses, contact information.

3. Contractor’s most recent annual financial statements, preferably audited, including your latest balance sheet, income statement, cash flows and notes to the financial statements showing the following items:

Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses);

Net Fixed Assets;

Other Assets;

Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes);

Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings).

4. Resumes of principal personnel proposed for the project.

5. A list of equipment proposed for the project.

Failure to submit acceptable information that demonstrates the bidder’s ability to perform the work, within three (3) days after request from the Town may result in a determination that a bidder is not a responsible contractor to perform the work anticipated solely for Town of Emmitsburg Eugene Myers Community Park Bathroom/Concession Stand Project. Failure to submit additional information requested by the Town in a timely manner may also result in a determination that a bidder is not a responsible contractor.

E. Subsequent to the evaluation of bids a construction contract may be awarded by the Town. The Town reserves the right to reject any or all bids and to waive any informality or deficiency in bids received, whenever such rejection or waiver is of a Bidder who has previously failed to perform properly or to complete, on time, contracts of a similar nature, or the bid of a Bidder, who after investigation, is not, in the view of the Town, in a position to perform the Contract.

The successful Bidder shall be required to execute a Construction Contract with the Owner .

F. The successful Bidder shall be required to provide to the Town the

Insurance listed in the following Section.

12. Basis of Award: It is the intent of the Town to award the Contract to the lowest responsive, responsible bidder based on the total bid price, provided the bid price is reasonable and it is in the interests of the Town to accept it.

13. Bid Protest: Interested party means an actual or prospective bidder, offeror, or contractor that may be aggrieved by the solicitation or award of a contract and who files the protest. Protestor means any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or the award of a contract and who files the protest. An interested party may protest to the award of a contract for supplies, services, or construction. The protest shall be in writing and addressed to the Purchasing Manager. Protest based upon alleged improprieties in any type of solicitation which are apparent before bid opening or closing date and time for the receipt of initial proposals shall be filed before bid opening or the closing date and time for the receipt of the bid. In all cases bid protests shall be filed not later than seven days after the basis for the protest is known or should have been known, whichever is earlier. The term “filed” means receipt on the Purchasing Department. Any protest filed after the time limit prescribed above shall not be considered.

The written protest shall include as a minimum the following:

The name and address of the protestor

Appropriate identification of the procurement, and, if a contract has been awarded its number, if known

A statement of reasons for the protest

Supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time in which case the expected availability date shall be indicated.

The Purchasing Manager shall submit a copy of the protest to the Town Attorney upon receipt of protest. Any additional information requested of the protestor by the Purchasing Director shall be submitted within five days after receipt of notification in order to expedite consideration of the protest. Failure to comply with a request for information by the Purchasing Manager may result in a resolution of the protest without consideration of any information which is untimely filed pursuant to such request. Upon written request, the Purchasing Manager, shall make available to any interested party information submitted that bears on the substance of the protest except when information is proprietary or otherwise permitted or required to be withheld by law or regulation. A decision on a protest shall be made by the Purchasing Manager in writing as expeditiously as possible after receiving all relevant information. Before issuance, the decision of the Purchasing Manager shall be reviewed by the Town Attorney.

14. Construction stakeout will be provided by the Contractor. The Town will provide benchmark control points for the Contractor. Contractor shall protect and maintain all control points and guard stakes. If control points or stakes are damaged and if any re-stake is required, the contractor will be required to install them at no additional cost to the Town.

15. Construction Materials Testing and Inspections will be provided by the Contractor. The

Contractor shall be responsible for scheduling all necessary inspections and testing. Inspections and testing shall be required for all activities including but not limited to: grading, placement of fill, compaction, placement of asphalt, grouting of voids, etc.

16. The Contractor shall ascertain the nature and location of the work and the general and local conditions which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve him from responsibility for successfully performing the work without additional expenses. The Owner and Engineer assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the Owner or Engineer are expressly stated in the Contract. The Contractor shall specifically note that the drawings do not show all existing utilities, laterals, surface features or features to be relocated. The Contractor shall be responsible for visiting the site to ascertain the extent of removal/relocation and include this in his Bid. The Town of Emmitsburg is seeking a complete utility construction project.

17. The Contractor shall provide site-specific security as he deems appropriate to protect the materials and work. Where work is conducted within a residential yard area, temporary safety fence must be erected by the Contractor.

18. The contractor shall be responsible to determine his/her own means and methods of construction. The Engineer and/or the Town will not supervise, direct, control, or have authority over the Contractor’s means and methods. The contractor shall perform the work in each phase in the sequence shown on the approved phasing plan.

[END OF SECTION]

Not Included:

1.) Rock removal. If, while trenching to the required depth, rock is encountered, that cannot be dug through, it will have to be removed on a time and material basis.

Current T&M rates are $125 per hour per technician.

2.) Importing of approved backfill material and / or exporting of unapproved material. We intend to backfill with material removed while trenching. If this material does not meet the requirements of the installation due to rocky conditions, approved backfill material will have to be brought in to the site and unapproved material exported or otherwise disposed of at an additional cost.

3.) During the trenching process, it had been requested by the Town of Emmitsburg, that Dixie Electric, Inc. bore under the road for the conduit installation. Dixie Electric, Inc. will bore under the road and sidewalk if required. All attempts will be completed with the utmost care. However, there is a possibility the boring machine could deviate up and into the road or sidewalk. Any damage or repairs to the road or sidewalk are not covered in this proposal.

4.) Additional wiring for the service, proposed building, or any additional work is not included in this proposal.

Total for the work above - Contract # CS-0306-31-TOE Down Payment Required:

Remainder due at completion of the above work, net due 30days

The price included in this proposal is only valid for 2 weeks due to the unstable metal and copper markets. Dixie Electric, Inc. will procure the material for this job when authorization is given. Thank you for your cooperation in this matter.

Due to permit regulations, all electrical work will be completed by electricians employed by Dixie Electric, Inc. Any electrical work attempted by other than Dixie Electric, Inc.

employees, which results in an electrical violation will be corrected on a Time and Material basis. Electrical work by other than Dixie Electric, Inc. employees may justify this contract null and void.

No additional work will be performed without written authorization from both the Owner and the Contractor. This work will be completed on a Time and Material basis:

One Technician - $125.00 per hour

Please sign below in acceptance of the above referenced scope of work. Please do not hesitate to call our office if you have any questions.

Sincerely, Dustin Stumpf Service Manager

Authorized Signature - Accepted Date

Contract # CS-0306-31-TOE

Remainder due at completion of the above work, net due 30days A 3.5% Processing fee will be added if paid with a Credit Card.

Town Manager

Restroom Proposal

Town of Emmitsburg March 11, 2024 Attn: Madeline Shaw (price is good for 30 days)

Re: Easi-Set Precast Concrete Restroom Buildings Delivered to Emmitsburg, MD.

We propose to supply material on the above referenced project as follows:

QTY DESCRIPTION PRICE

(1) 2 Toilet/2 Room Restroom w/ concession @ (23’-4” x 19’-4” x 9’ high I.D.) Precast Building

(Adder) Baby Changing Stations in both Rooms @ (Adder) Exterior ADA wall mounted drinking fountain @ (Adder) Composite Mop Sink @

(Optional Item #1) (2) Marine grade skylights (1 per restroom) @ (Optional Item #2) Timed electric door locking system on restroom doors @ (Optional Item #3) Insulating outer walls and ceiling (R13 walls, R26 roof)@

Price Includes: Simulated Easi-Brick exterior finish on walls stained one color; anti-graffiti coating; cast-in cove base on interior restroom walls; delivery; (4) 48” x 12” pebble texture Lexan windows; (2) ADA/Braille signs; (4) vents with mechanical louvers; (4) exterior LED lights; (2) ADA 3068 restroom doors; (1) 3068 mechanical chase door as specified; (1) 3068 hollow metal steel doors for concession room; Interior concrete partition walls to create restrooms, mechanical chase, and concession room; (2) exterior GFCI receptacle (NEMA 3R); (1) exterior frost proof hose bib with box; and offloading based upon customer having a level, smooth compacted stone base.

Mechanical Chase- 6 gallon mini water heater; vent openings to circulate air in restroom (temperature regulator); (1) Unit Heater; (1) vent pipe with rain cover; (1) floor drain; (1) 120/240V 200A main circuit breaker;

(2) 4’ LED light fixtures; (2) GFCI receptacles; (1) cold water hose bib; (1) 1 ½” pressure reducing valve; and electrical work to the rest of the building.

Men’s Side - (1) ADA approved stainless steel toilet stall with automatic flush valves and ADA grab bars and HDPE stall partition wall and door; (1) stainless steel urinal with automatic flush valves and HDPE stall partition walls; (1) stainless steel sink with running hot and cold water and automatic sensor; (1) auto soap dispenser; (1) three roll jumbo toilet paper holder; (3) 4’ LED light fixtures; (1) 18” x 36” stainless steel mirror; (1) 10” 115V exhaust fan with occupancy sensor; (1) coat hook; (1) wall hydrant concealed; (1) floor drain; (1) hand dryer;

Floor will be coated with an epoxy coating to create a non- slip surface. Walls will be painted white.

Women’s Side - (1) ADA approved stainless steel stall with automatic flush valves and ADA grab bars and HDPE stall partition walls and doors; (1) stainless steel toilet stall with automatic flush valves and partition walls;

(1) stainless steel sink with running hot and cold water and automatic sensor; (1) auto soap dispenser; (2) three roll jumbo toilet paper holder; (3) 4’ LED light fixtures ; (1) 18” x 36” stainless steel mirror; (1) 10” 115V exhaust fan with occupancy sensor; (2) coat hooks; (1) wall hydrant concealed; (1) hand dryer; (1) floor drains; Floor will be coated with an epoxy coating to create a non-slip surface. Walls will be painted white.

Concession Side (8’-0’ x 24’-0”) – (1) 6’w x 4’t coiling door for concession with stainless steel counter top;

(1) floor drain; (1) 10” 115V exhaust fan with switch; (4) duplex LED light fixtures; (8) dedicated receptacles;

50 G Water Heater; (1) 3-Compartment SS Sink; (1) hand wash sink; (1) service sink; (1) wall hydrant concealed; and (1) Unit Heater.

Price Excludes: Site preparation of any kind; building permits; final field connections; sloped floors; interior insulation; wage scale; inspections; crane plan and anything that is not included is specifically excluded.

*40 PSI minimum water pressure required.

Price is based on customer having level compacted stone base per manufacturer’s recommendations.

Contractor must provide level unobstructed area large enough for crane and tractor-trailer to park adjacent to pad. Crane must be able to place outriggers within 3’-0” of edge of pad and truck and crane must be able to get side-by-side under their own power. No overhead lines may be within 75’ radius of center of pad. Firm roadbed with turns that allow 65’ lowbed tractor and trailer must be provided directly to site. No building shall be placed closer than 2’-0” to an existing structure.

A fee of $450.00/hour will be charged for waiting time of SMC if site is not ready upon our arrival.

TERMS. Net - 30 Days: SMITH-MIDLAND Corporation will render monthly statements to the purchaser for work performed and material fabricated which is either delivered to job site or stored at the SMITH-MIDLAND Corporation plant. Full payment of those statements will be due within thirty days of its date, after which the Purchaser will pay a late charge of 1.5% of the overdue amount for each month or part thereof until the statement is paid. Purchaser agrees to pay reasonable attorney's fees in the event the account is placed for collection. Ten percent mobilization is due with order. No retention shall be withheld from payment to SMITH-MIDLAND Corporation. No claims for extras will be accepted unless SMITH-MIDLAND Corporation is given immediate notice, in writing, and given an opportunity to investigate.

Sincerely, Cody Williams

Cody Williams, Sales Associate 540-439-3266 x 149

Date accepted by Purchaser:_________

Name of Company:_________________

Signed by Officer:__________________

Printed Name:_____________________

SPECIAL CONDITIONS

A. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT

If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the term of this contract; provided however, that the bidder may offer incentive discounts from this fixed price to the Town at any time during the contractual term.

B. BID CLARIFICATION

Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by e-mail or facsimile to the Town of Emmitsburg fax: (301) 600-6313, Cathy Willets Cwillets@emmitsburgmd.gov AND Madeline Shaw mshaw@emmitsburgmd.gov e-mail being the preferred method. The bid title shall be referenced on all correspondence. All questions must be received no later than 9:00 AM on Thursday, May 16, 2024

All responses to questions will be addressed in the form of an official Addendum and will be posted on the Town of Emmitsburg Web Site. NO QUESTIONS

WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE

C. PROGRESS MEETINGS

The Town will conduct monthly progress meetings on-site at a time suitable to Town, at which time the progress of the work shall be reported upon with reference to previously submitted progress schedules. Responsibility will rest with the Contractor concerning competent representation of Subcontractors. Minutes of these meetings shall be taken by the Contractor and distributed to the Town’s Project Manager, Inspector and Consulting Engineer not more than one (1) week after each meeting.

D. TIE BIDS

Please be advised that in accordance with Maryland COMAR 21.05.02.14 Tie bids are responsive bids from responsive bidders that are identical in price, terms, and conditions and which meet all the requirements and evaluation criteria set forth in the Invitation for Bids. In the event of a tie Bid, the Town will use said COMAR regulation to determine the award of the Contract/Bid.

All bids submitted shall include the completed Bid Form and all required product information and any other items as indicated on the Bid Form. Bids may be considered “Non-Responsive” if the required information is not submitted by the date and time specified.

E. NO PARTNERSHIP OR JOINT VENTURE

Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the Town of Emmitsburg and Contractor, or to create any other relationship between the parties.

F. LOCATING & PROTECTION OF UNDERGROUND UTILITIES & SITE

INVESTIGATION

It will be the responsibility of the bidder to coordinate the locating of services prior to any excavation work. The Contractor shall contact Miss Utility at 1-800- 257-7777 at least 48 hours prior to commencing work. Existing utilities and sewer facilities are shown on the drawings from available data and may not represent all facilities present or may not represent facilities at their actual location. The contractor is also advised that the drawings may not represent all surface features that may exist in the area of work, such as fences, shrubs, trees, sheds, etc. The contractor shall be responsible for minimizing the disturbed area and for restoring all disturbed or destroyed features.

G. PROJECT SCHEDULE

The purpose of a progress schedule is to ensure adequate planning and execution of the work and to evaluate the progress of the work. The Contractor’s progress schedule, updates, revisions and reports will be an integral part of the Town’s management of the capital program. The Contactor's schedules will be used by the Town to monitor progress, plan the level of effort by its own work forces and consultants, and as a critical decision-making tool. Accordingly, the Contractor shall ensure that its progress schedule submissions are both accurate and timely.

Within 10 days after notice to proceed, the Contractor shall furnish the Town a “Progress Schedule” showing the proposed order of work and indicating the time required for the completion of the work. Said progress schedule shall be used to establish major construction operations and to check on the progress of the work.

The Contractor shall submit revised progress schedules as directed by the Town’s representative.

If the Contractor fails to submit the progress schedule within the time prescribed, or the revised schedule within the requested time, the Town of Emmitsburg may withhold approval of progress payment estimates until such time as the Contractor submits the required progress schedules.

All costs to create and update the progress schedule shall be solely the Contractor's obligation and will be at no additional cost to the Town unless specifically provided for in other contract provisions.

If the work falls behind the progress schedule, the Contractor shall take such actions as necessary to improve its progress. If the Contractor is behind schedule any month, the Contractor shall indicate what measures it will take in the next thirty (30) days to put the work back on schedule so as to meet the contract completion date specified in the contract. In preparing the revised schedule, the Contractor shall consider increasing its work force, construction plant and equipment, the number of work shifts, etc.

H. WORKING HOURS

Unless special permission is given by the Town, all work shall be done between 7:00 A.M. and 3:30 P.M., Monday through Friday.

I. UTILITIES

The existence of utilities other than those shown on the drawings is not known. If during construction operations the Contractor should encounter utilities, he shall immediately notify the Town Engineer and take all the necessary and proper steps to protect the continuance of services of such facilities.

It shall be the Contractor's responsibility to notify the following utilities or agencies for utility locates and approvals to proceed with work, at least five (5) working days prior to proceeding with an excavation or construction:

1. Miss Utility - 1-800-257-7777

2. Potomac Edison – (301) 694-4486

3. Columbia Gas Co. - 1-888-460-4332

4. Verizon Telephone Co. - (410) 393-6369

5. Comcast - (301) 668-3140

6. Town of Emmitsburg Public Works Dept. – (301) 600-6300

J. PERMITS

The Town will provide the Grading Permit and Building Permit for this project.

All other permits shall be obtained by the Contractor in accordance with the General Provisions.

K. TOWN PROJECT MANAGER AUTHORITY:

The Town Project Manager and/or their designee shall give all orders and directions contemplated under this contract and specifications relative to the execution of the work.

The Town Project Manager shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials, which are to be paid for under this contract and shall decide all questions, which may arise in relation to said work and the construction thereof. The Town Project Manager’s estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any questions shall arise between the parties hereto relative to said contract or specifications, the determination or decision of the Town Project Manager shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this contract affected in any manner or to any extent by such question.

The Town Project Manager shall decide the meaning and intent of any portion of the specifications and of any plan or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this contract and other contractors performing work for the Owner shall be adjusted and determined by the Town Project Manager.

L. LEGAL NOTICE AND SERVICE THEREOF:

Any legal notice to any contractor from the Owner relative to any part of this contract shall be in writing and considered delivered and the service thereof completed, when said legal notice is posted, by certified or registered mail, to the said contractor at his/her last given address, or delivered in person to said contractor and his/her additional representative on the work.

M. USE OF PREMISES AND REMOVAL OF DEBRIS:

The Contractor expressly undertakes at his/her own expense:

a. To take every precaution against injuries to persons or damage to property.

b. The CONTRACTOR shall confine all materials and their storage and the operations of the CONTRACTOR’s workmen to the limits indicated by laws, ordinances, permits, directions of the ENGINEER, and as shown on the Plans. The CONTRACTOR will not unreasonably encumber the premises with such materials, but shall store them in orderly fashion, such that they will not interfere with the work under this Contract (or other contracts) or with the operation of the OWNER’s facilities.

c. The Town of Emmitsburg will not provide the Contractor with a staging / storage area within the project limits. No materials may be stored within the Right-of-Way.

Storage shall be, so as not to interfere with pedestrian or vehicular traffic, and in accordance with Section 02040 of this document. If the Contractor so desires to obtain private property for use as a staging / storage area the Contractor shall enter into an agreement with the property owner and shall provide the Town with a copy of the written agreement. The agreement shall hold harmless the Town of Emmitsburg for any damage to the property caused by the Contractor or his subcontractors.

d. The Contractor shall be responsible for obtaining all necessary permits, including but not limited to approval of a sediment and erosion control plan for the storage area.

e. The Contractor shall be solely responsible for replacing or repairing damage to existing turf, buildings, structures, sidewalks, roads, parking lot surfaces, and other existing assets to a condition equal to or better than original.

f. To frequently clean up all refuse, rubbish, scrap materials, and debris caused by his/her operation, that the work site shall be neat and orderly at all times.

g. To remove all surplus materials, false work, temporary structures, including foundations thereof, and debris of every nature resulting from his/her operations, and to put the site in a near, orderly condition before final payment is made by the Town of Emmitsburg.

h. Before final acceptance of the work and as a prerequisite to the release of the final payment the CONTRACTOR shall secure a written release from the authorities having jurisdiction over the lands (including easements) occupied by the CONTRACTOR certifying to the satisfactory restoration of all pavements, other surfaces, and utility structures removed or safeguarded for the work.

N. PUBLIC CONVENIENCE AND SAFETY:

In addition to the requirements of Section 7, GP-7.06, of the MDSHA “Standard Specifications for Construction and Materials”, July 2023, add the following provisions:

A. Dust control by sprinkling water or the use of chemicals shall be performed by the Contractor to the satisfaction of the Town Project Manager.

B. The condition of the work at all times shall be such that sudden storms or prolonged rainfall will not cause damage to property in the vicinity of the work that could in any way be attributed to the performance of the work.

C. If, in the opinion of the Town Project Manager, the public has been unreasonably inconvenienced to a great extent, or that certain conditions provide a threat to public safety, or that work performed by the Contractor has caused damage to property in the area of the work, which has not been remedied quickly and satisfactorily, the Town Project Manager shall have the authority to order all operations to cease until such time as such conditions are remedied to his satisfaction, and any delay caused thereby shall not be considered just cause for any extension of time in the completion of the contract. Upon refusal of the Contractor to promptly comply with corrective measures, the Town Project Manager will immediately proceed with correcting the deficiencies in the same manner as specified in the MDSHA “Standard Specifications for Construction and Materials”, July 2023, Section

GP-5.12.

O. PROTECTION OF WORK AND PROPERTY – EMERGENCY:

The Contractor shall at all times safely guard the Owner’s property from injury or loss in connection with this contract. He/she shall at all times safely guard and protect his/her own work and materials, and that of adjacent property from damage.

The Contractor shall replace or make good any such damage, loss, or injury unless such be caused directly by error contained in the contract or by the Owner, or his duly authorized representative.

In the event of temporary suspension of work, or during inclement weather, or whenever the Town Project Manager shall direct, the Contractor and his subcontractors will cause to protect carefully his/her and their work and materials against damage or injury from the weather. If, in the opinion of the Town Project Manager, any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his/her subcontractors to so protect his/her work, such materials shall be removed and replaced at the expense of the Contractor.

In case of an emergency, which threatens loss or injury of property and/or safety of life, the Contractor will be allowed to act without previous instruction from the Town Project Manager in a diligent manner. He/she shall notify the Town Project Manager immediately thereafter. Any claim or compensation by the Contractor due to such extra work shall be promptly submitted to the Town Project Manager for approval.

Where the Contractor has not taken action, but has notified the Town Project Manager of an emergency threatening injury to persons or damage to the work, or any adjoining property, he/she shall act as instructed or authorized by the Town Project Manager.

The amount of reimbursement claimed by the Contractor on account of an emergency action shall be determined in the manner provided in paragraph 38 of the

GENERAL CONDITIONS.

P. COST OVERRUNS:

The Contractor and the Inspector shall continually monitor unit price items that could result in appreciable overruns. The Contractor shall immediately notify the Town Project Manager as soon as it appears as though an overrun may result. The Contractor will estimate the final extent of the extra costs and the necessary authorizations for same and submit to the Town Project Manager for authorization.

This authorization will require at least seven (7) calendar days to obtain. In the interim, the Town Project Manager shall be the sole judge as to whether or not the plan quantities can be exceeded.

There will be instances where overruns are unavoidable and the work on the project will be jeopardized if construction is stopped until the needed authorization is obtained. The instances are considered to be the exception, not the rule. However, in the event of such occurrences, the Town Project Manager will personally authorize the work verbally and again in writing within forty-eight (48) hours of such verbal approval. All verbal approvals given by the Town Project Manager are to be entered in the appropriate records of the inspector and are to be initialed by the Contractor’s superintendent.

It shall be the responsibility of the Contractor to acquaint his/her employees, subcontractors, and other representatives with this policy, and any costs incurred by the Contractor on quantity overruns without the prior approval of the Town Project Manager and/or the Mayor and Board of Commissioners of the Town of Emmitsburg shall be at the risk of the Contractor.

Q. EXTRA WORK:

Without invalidating the contract, the Owner may order extra work of the kind bid upon or make changes by altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the Owner or its Town Project Manager, acting officially for the Owner, and the price is stated in the order.

Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination of the following:

A. Unit bid prices previously approved.

B. An agreed lump sum.

C. The actual cost of:

1. Labor, including foreman;

2. Materials entering permanently into the work;

3. The ownership or rental cost of construction plant and equipment during the time of use on the extra work;

4. Power and consumable supplies for the operation of power equipment;

5. Insurance;

6. Social security and old age unemployment contributions

To the cost under (b) and (c) above, there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the estimated cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit, and any other general expenses. When work is performed under the terms of (c) above, the Contractor shall furnish satisfactory bills, payrolls, and vouchers covering all items of cost and, when requested by the Owner, give the Owner access to accounts relating thereto.

R. SUSPENSION OF WORK DUE TO LITIGATION:

Should the Owner be prevented or enjoined from proceeding with work or from authorizing its prosecution, by reason of any litigation, the Contractor shall not be entitled to make or assert claim for damage due to the delay. Time for completion of the work will be extended to such reasonable time as determined by the Owner in writing.

S. CORRECTION OF WORK:

All work and materials (whether incorporated in the work or not), all processes of manufacture, and all methods of construction shall be subject to the inspection of the Town Project Manager, who shall be the final judge of the quality of the work, materials, processes of manufacture, and methods of construction for the purposes for which they are used.

Any defective work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause found to exist shall be removed and replaced by work and materials which shall conform to the specifications or shall be remedied otherwise in an acceptable manner authorized by the Town Project Manager.

Upon failure on the part of the Contractor to comply promptly with any order of the Town Project Manager, made under the provisions of these General Provisions, the Town Project Manager shall have the authority to cause defective work to be remedied or removed and replaced, unauthorized work to be removed, and to deduct the cost from any monies due or to become due the Contractor under this contract.

T. PAYMENT TO THE CONTRACTOR:

The Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the proceeding calendar month under the contract. To insure proper performance of the contract, the Owner shall retain five percent (5%) of the amount of east estimate until final completion and acceptance of all work covered by the contract, unless otherwise stated.

In preparing estimates, the materials delivered on the site and preparatory work done may be taken into consideration in accordance with the MDSHA Terms and “Standard Specifications for Construction and Materials”, July 2023 section TC-7.02.

All material and work covered by partial payments made shall hereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for (A) the care and protection of materials,

(B) repair to previously approved and paid for work that has been subsequently damaged, or restoration of any, (C) as a waiver of the right of the Owner to require fulfillment of all the terms of the contract.

The Contractor agrees that he/she will indemnify and save the Owner harmless from all claims growing out of the lawful demands of: subcontractors, laborers, workmen, mechanics, material, men, furnishers of machinery (and equipment, power tools, and all supplies), including commissary, incurred in the performance of this contract.

The Contractor shall, at the Owner’s request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If the Contractor fails to do so, then the Owner may, after having given written notice to the said Contractor, pay unpaid bills, of which the Owner has written notice, by withholding from the Contractor’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged.

Payment to the Contractor shall then be resumed, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his/her Surety.

In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner, shall be considered as a payment made under the contract by the Owner to the Contractor, and the Owner shall not be liable to the Contractor for any such payment made in good faith.

U. ACCEPTANCE OF FINAL PAYMENT AS RELEASE:

The acceptance by the Contractor of final payment…