1-02 3564-004 NESD High School Main Office Renovations Project Manual Volume 1.pdf

100 HUNT CENTER

HUNT-EAS.COM

CONTRACT DOCUMENTS

PROJECT MANUAL

VOLUME I

for

Northeastern School District NESD High School Main Office Renovations

300 High Street, Manchester, PA 17345

August 29, 2025

HUNT 3564-004

Northeastern School District NESD High School Main Office Renovations HUNT 3564-004 Section 00 01 12

TABLE OF CONTENTS

Section 00 01 12 Page 1

SECTION 00 01 12

TABLE OF CONTENTS

VOLUME I

PROCUREMENT AND CONTRACTING REQUIREMENTS

DIVISION 00 -- PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 12 - Table of Contents

00 11 00 - Invitation to Bid

00 21 13 - Instructions to Bidders

00 41 16 - Supplemental Allowance and Unit Price Form

00 43 13 - Bid Security - Bid Bond (AIA Document A310)

00 44 00 - Equivalent Listing

00 45 13 - Contractor’s Qualification Statement (AIA Document A305)

00 45 19 - Non-Collusion Affidavit

00 45 20 - Instructions for Non-Collusion Affidavit

00 45 43 - Corporate Resolution

00 45 46.02 - Federal and State Certification

00 52 00 - Standard Form of Agreement Between Owner and Contractor (Stipulated Sum) (AIA Document A101-2017); AIA A101-2017 Exhibit A Insurance and Bonds

00 61 13.13 - Performance Bond

00 61 13.16 - Payment Bond

00 72 00 - General Conditions of Contract for Construction (AIA Document A201)

00 73 00 - Supplementary Conditions

00 73 46 - Wage Determination Schedule

00 82 50 - No-Lien Agreement

00 87 00 - Waiver of Liens

Section 00 01 12 Page 2

DIVISION 01 -- GENERAL REQUIREMENTS

01 10 00 - Summary

01 12 00 - Summary of Multiple Contracts

01 21 00 -Allowances

01 22 00 - Unit Prices

01 23 00 - Alternates

01 26 00 - Contract Modification Procedures

01 29 00 - Payment Procedures

01 31 00 - Project Management and Coordination

01 32 00 - Construction Progress Documentation

01 33 00 - Submittal Procedures

01 33 29.07 - Prohibited Content Installer Certification

01 35 17 - Alteration Project Procedures

01 40 00 - Quality Requirements

01 41 13 - Codes

01 42 00 - References

01 45 33 - Code-Required Special Inspections and Procedures

01 50 00 - Temporary Facilities and Controls

01 51 10 - Life Safety Requirements During School Construction

01 57 13 – Temporary Erosion and Sediment Control

01 60 00 - Product Requirements

01 61 00 - Delivery, Storage and Handling

01 61 16 - Volatile Organic Compound (VOC) Content Restrictions

01 70 00 - Execution Requirements

01 78 00 - Closeout Procedures

01 78 23 - Operation and Maintenance Data

01 78 39 - Project Record Documents

01 79 00 - Demonstration and Training

Section 00 01 12 Page 3

VOLUME II

SPECIFICATIONS

00 01 12 - TABLE OF CONTENTS

DIVISION 02 -- EXISTING CONDITIONS

02 03 42 - Removal and Salvage of Period Construction Materials

02 21 10 - Asbestos Abatement

02 41 00 - Demolition

DIVISION 03 -- CONCRETE

03 01 00 - Maintenance of Concrete

03 30 00 - Cast-in-Place Concrete

03 54 00 - Cast Underlayment

DIVISION 04 -- MASONRY

04 01 00 - Maintenance of Masonry

04 05 11 - Masonry Mortaring and Grouting

04 20 00 - Unit Masonry

04 43 13 - Stone Masonry Veneer

04 73 00 - Manufactured Stone Masonry

DIVISION 05 -- METALS

05 12 00 - Structural Steel Framing

05 21 00 - Steel Joist Framing

05 31 00 - Steel Decking

05 50 00 - Metal Fabrications

DIVISION 06 -- WOOD, PLASTICS, COMPOSITES

06 10 00 - Rough Carpentry

06 18 00-Glued-Laminated Construction

06 41 00 - Architectural Wood Casework

DIVISION 07 -- THERMAL AND MOISTURE PROTECTION

07 01 50.19 - Preparation for Re-Roofing

07 05 53 - Fire and Smoke Assembly Identification

Section 00 01 12 Page 4

07 21 00 - Thermal Insulation

07 25 00 - Weather Barriers

07 26 00 - Vapor Retarders

07 42 13 - Metal Wall Panels

07 46 46 - Fiber-Cement Siding

07 53 00 - Elastomeric Membrane Roofing

07 62 00 - Sheet Metal Flashing and Trim

07 71 23 - Manufactured Gutters and Downspouts

07 72 00 - Roof Accessories

07 84 00 - Firestopping

07 92 00 - Joint Sealants

DIVISION 08-- OPENINGS

08 11 13 - Hollow Metal Doors and Frames

08 11 16 - Aluminum Doors and Frames

08 14 16 - Flush Wood Doors

08 31 00 - Access Doors and Panels

08 51 13 - Aluminum Windows

08 56 53 - Security Windows

08 71 00 - Door Hardware

08 80 00 - Glazing

DIVISION 09-- FINISHES

09 05 61 - Common Work Results for Flooring Preparation

09 21 16 - Gypsum Board Assemblies

09 22 16 - Non-Structural Metal Framing

09 30 00 - Tiling

09 51 00 - Acoustical Ceilings

09 65 00 - Resilient Flooring

09 68 13 - Tile Carpeting

09 72 00 - Wall Coverings

Section 00 01 12 Page 5

09 78 00 - Interior Wall Paneling

09 84 30 - Sound-Absorbing Wall and Ceiling Units

09 91 13 - Exterior Painting

09 91 23 - Interior Painting

09 93 00 - Staining and Transparent Finishing

DIVISION 10-- SPECIALTIES

10 11 00 - Visual Display Units

10 14 19 - Dimensional Letter Signage

10 14 23 - Panel Signage

10 28 00 - Toilet, Bath, and Laundry Accessories

DIVISION 12-- FURNISHINGS

12 24 00 - Window Shades

12 36 00 - Countertops

DIVISION 21 -- FIRE SUPPRESSION

21 05 00 - Common Work Results for Fire Suppression

21 13 00 - Fire-Suppression Sprinkler Systems

DIVISION 22 -- PLUMBING

22 05 53 - Identification for Plumbing Piping and Equipment

22 07 19 - Plumbing Piping Insulation

22 10 05 - Plumbing Piping and Specialties

22 40 00 - Plumbing Fixtures

DIVISION 23 -- HEATING, VENTILATING, AND AIR-CONDITIONING (HVAC)

23 05 16 - Expansion Fittings and Loops for HVAC Piping

23 05 19 - Meters and Gauges for HVAC Piping

23 05 53 - Identification for HVAC Piping and Equipment

23 05 93 - Testing, Adjusting, and Balancing for HVAC

23 07 13 - Duct Insulation

23 07 19 - HVAC Piping Insulation

23 08 00 - Commissioning of HVAC

Section 00 01 12 Page 6

23 09 23 - Direct-Digital Control System for HVAC

23 09 93 - Sequence of Operations for HVAC Controls

23 21 13 - Hydronic Piping

23 21 14 - Hydronic Specialties

23 25 00 - HVAC Water Treatment

23 31 00 - HVAC Ducts and Casings

23 33 00 - Air Duct Accessories

23 34 23 - HVAC Power Ventilators

23 74 13 - Packaged Outdoor Central-Station Air-Handling Units

23 82 00 - Convection Heating and Cooling Units

DIVISION 26 -- ELECTRICAL

26 05 00 - Common Work Results For Electrical

26 05 05 - Selective Demolition for Electrical

26 05 19 - Low-Voltage Electrical Power Conductors and Cables

26 05 26 - Grounding and Bonding for Electrical Systems

26 05 29 - Hangers and Supports for Electrical Systems

26 05 33.13 - Conduit for Electrical Systems

26 05 33.16 - Boxes for Electrical Systems

26 05 53 - Identification for Electrical Systems

26 05 83 - Wiring Connections

26 09 23 - Lighting Control Devices

26 24 16 - Panelboards

26 27 26 - Wiring Devices

26 28 16.13 - Enclosed Circuit Breakers

26 28 16.16 - Enclosed Switches

26 51 00 - Interior Lighting

DIVISION 27 -- COMMUNICATIONS

27 05 26 - Grounding and Bonding For Communications Systems

27 05 28 - Pathways For Communications Systems

Section 00 01 12 Page 7

27 05 53 - Identification For Communications Systems

27 10 05 - Communications Copper Cabling

27 11 16 - Communications Cabinets, Racks, Enclosures, & Accessories

27 15 23 - Communications Optical Fiber Cabling

27 15 55 - Communications Cable Testing

27 51 16 - Public Address Systems

27 53 13 - Clock Systems

DIVISION 28 -- ELECTRONIC SAFETY AND SECURITY

28 10 00 - Access Control

28 20 00 - Video Surveillance

28 31 00 - Addressable Fire Alarm System

28 46 21.16 - Existing Fire Alarm System

DIVISION 31 -- EARTHWORK

31 10 00 - Site Clearing

31 22 00 - Grading

31 23 16.13 – Trenching

31 23 16 - Excavation

31 23 23 – Fill

DIVISION 32 -- EXTERIOR IMPROVEMENTS

32 13 13 - Concrete Paving

32 91 19 – Landscape Grading

32 92 19 - Seeding

END OF SECTION

HUNT 3564-004 Section 00 11 00

INVITATION TO BID

Section 00 11 00 Page 1

SECTION 00 11 00

SEALED BIDS are invited by the undersigned under the terms and conditions contained within the Contract Documents for the project described as NESD High School Main Office Renovations, 300 High Street, Manchester, PA 17345, for the Northeastern School District.

SEPARATE BIDS are invited on a lump sum basis for the Northeastern School District for the following work:

CONTRACT NO. 1 – General Construction Contract CONTRACT NO. 2 – Plumbing (incl. Fire Protection) Contract CONTRACT NO. 3 – Mechanical Contract CONTRACT NO. 4 – Electrical Contract

SEALED BIDS shall be submitted electronically via the PennBid Program no later than 1:00 P.M.

prevailing time on Tuesday, September 30, 2025, at which time they will be publicly opened immediately thereafter electronically with the results made available immediately on PennBid.

BIDS must be accompanied with all documentation as required by the Instructions to Bidders and PennBid Bid forms. Proposal security shall accompany each proposal submitted in the form of a Bid Bond executed by an acceptable surety company uploaded to PennBid and other required documentation, or a certified check, certified bank treasurer's check or bank cashier's check in an amount equal to 10% of the total amount of the proposal, that is, Base Bid. If a certified check is being used as bid security, the certified check must be delivered to Northeastern School District (41 Harding Street, Manchester, PA 17345) in a sealed opaque envelope marked with the bidder’s name, project name, contract name and bid opening date.

Bids must remain in force for sixty (60) days after the date of the bid opening. The successful bidder will be required to furnish Performance and Payment Bonds each in amounts equal to 100% of the contract price.

Bid Documents will be available starting August 29, 2025, at no cost via PennBid at https://pennbid.bonfirehub.com. Questions regarding this solicitation shall be submitted via the “Messages/Vendor Discussions” feature within PennBid.

PROSPECTIVE BIDDERS are advised that this Project will be subject to and governed by provision of the Pennsylvania Prevailing Wage Act, including amendments and supplements thereto. Bidders shall prepare their Bids after giving consideration to the applicability of said Pennsylvania Prevailing Wage Act to the work involved.

A Non-Mandatory Pre-Bid Meeting shall be held on Thursday, September 4, 2025, at 10:00 A.M. at Northeastern High School, 300 High Street, Manchester, PA 17345. Attendees are required to bring a valid form of photo identification to the Pre-Bid Meeting and shall check in at the High School office.

The undersigned reserves the right to waive informalities in or reject any or all Bids or parts thereof.

BY: Dr. Jason Bottiglieri, Superintendent Northeastern School District 41 Harding Street Manchester, PA 17345

HUNT 3564-004 Section 00 11 00

Section 00 11 00 Page 2

HUNT 3564-004 Section 00 21 13

INSTRUCTIONS TO BIDDERS

Section 00 21 13 Page 1

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

PART 1 GENERAL

1.1 SECURING DOCUMENTS

A. A complete electronic set of documents may be obtained at no cost via PennBid (https://pennbid.bonfirehub.com/) as stated in the Advertisement or Invitation to Bid.

B. Complete sets of Bidding Documents must be used in preparing Bids. The Owner assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Bid Documents consist of Contract Documents (and all reference standards), specifications, addenda and drawings. Bidder is responsible to make sure that the set of Bidding Documents is complete.

1.2 DEFINITIONS

A. All definitions set forth in the Contract Documents are applicable to this Instructions to Bidders.

B. Bidding Documents include the Invitation to Bid, Instructions to Bidders and the proposed Contract Documents, including any Addenda issued prior to receipt of Bids.

C. Addenda are written or graphic instruments issued prior to the execution of the Contract that modify or interpret the Bidding Documents, including Drawings and Specifications, by additions, deletions, clarifications and corrections. Addenda will become part of the Contract Documents when the Contract is executed. Addenda shall be issued and distributed electronically via PennBid.

1.3 DRAWINGS AND SPECIFICATIONS

A. All Drawings and Specifications shall be considered instruments of service, shall be used for this Project only, are the property of the Architect and must be returned to the Architect immediately upon completion of the Work or bidding period.

1.4 EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK

A. Before submitting a Bid, each Bidder shall carefully examine the Drawings, read the Specifications and all other Contract Documents and visit the site of the Work.

B. All Bidders shall fully inform themselves prior to bidding as to all existing conditions and limitations under which the Work is to be performed and they shall include in their Bids a sum to cover the cost of all items necessary to perform the Work as set forth in the Contract Documents and as can be seen or determined by a thorough inspection of the Project site.

1. No allowance will be made to any Bidder because of lack of such examination or knowledge.

2. The submission of a Bid shall be conclusive evidence that the Bidder has made such examination.

C. Although the majority of Drawings are “to scale,” Contractors are directed to use indicated dimensions for determining dimensions, for quantities and for other reasons. No additional monies will be allowed due to Contractors using “scaling instruments” to determine material quantities or for other reasons.

Section 00 21 13 Page 2

1.5 BIDDING PROCEDURES

A. The Bid/“Submission”, inclusive of all documents required to be submitted as set forth herein, shall be submitted/entered electronically via the PennBid Program using the “Prepare Your Submission” button. Bids/Responses may be modified or withdrawn within PennBid at any time prior to the due date and time stated in the Invitation to Bid.

B. All “Requested Information” including responses, supporting documents, bidder acknowledgements and pricing items, must be completed.

C. Bids by corporations must include the corporate name and the president or a vice-president (or other corporate officer accompanied by the evidence of authority to sign). The corporate address and state of incorporation must be included.

1. If Bidder is submitting on behalf of a corporation, the Corporate Resolution shall be executed and submitted, by uploading to PennBid, using the “Prepare Submission” tab, with the Bidder’s Bid using the form set forth herein.

D. Bids by partnership must include the name of the partner, partnership name and the official address of the partnership.

E. The address, telephone number and e-mail address for communications regarding the Bid must be entered.

F. Unless otherwise provided in any supplement to the Instructions to Bidders, Bidders shall not modify, withdraw or cancel their Bids, or any parts thereof, for sixty (60) days after the time designated for the receipt of Bids.

G. The Bid/Response shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the “Questions/Bidder Acknowledgements” response). Properly issued Addenda shall be binding upon all Bidders, regardless of whether a Bidder fails to acknowledge receipt.

H. When an Alternate is listed on the “Pricing Section” Bid Table, the Bidder shall fill in the applicable Alternate with an indicated increased or decreased Bid amount. The Owner reserves the right to accept or reject any or all Bids on Alternates, in whole or in part and in any order.

1. If no change in the Bid amount is required, indicate “No Change.”

2. A blank entry, an entry of “No Bid,” “N/A,” or a similar entry on any Alternate will be interpreted as Zero Dollars ($0) if that Alternate is selected.

3. If an Alternate is not selected, an entry as listed in the paragraph I.2 above on that

Alternate will not, by itself, render a Bid nonresponsive.

I. Each Bidder shall be responsible for bidding Alternates which affect the Work of the Base Bid being bid, regardless of whether Alternates are listed or not listed on the “Pricing Section” Bid Table. If an applicable Alternate is not listed on the “Pricing Section” Bid Table, Bidders shall submit the cost of said Alternate(s) on their letterhead by uploading to PennBid the information as a supporting document. No additional monies will be allowed after execution of the Contracts for failure to bid applicable Alternates.

J. Electronic or faxed Bids or modifications will not be considered.

K. Bids shall be “Stipulated Sum Bids” for furnishing of all materials, as called for in the Drawings and Project Specifications titled:

NESD HIGH SCHOOL MAIN OFFICE RENOVATIONS

NORTHEASTERN SCHOOL DISTRICT

Section 00 21 13 Page 3

1.6 INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING

A. If any Bidder contemplating submitting a Bid for the construction of the Work is in doubt as to the true meaning of any part of the Contract Documents, or finds discrepancies in or omissions from any part of the Contract Documents, the Bidder shall submit all questions about the meaning or intent of the Bidding Documents via the “Messages/Vendor Discussions” feature within PennBid no later than Monday, September 22, 2025, at 5:00 PM. No oral questions from Bidders will be reviewed or accepted. Also, no questions will be received by the Owner.

B. Interpretations or clarifications considered necessary by the Owner in response to such questions will be issued by Addenda via PennBid. Questions received after Monday, September 22, 2025, at 5:00 PM may not be answered. Only questions answered by formal written Addenda will be binding. Oral or other interpretations or clarifications will be without legal effect.

C. Addenda may also be issued via PennBid to modify the Bidding Documents as deemed advisable by Owner.

D. No Addenda will be issued later than Thursday, September 25, 2025, except for withdrawing the request for Bids and/or postponing the date for receipt of Bids.

E. Bidders shall acknowledge receipt of Addenda on the “Questions/Bidder Acknowledgements.”

1.7 NON-COLLUSION AFFIDAVIT

A. More than one bid for the same contract from an individual, partnership, corporation or an association under the same or different name will be grounds for the rejection of all bids in which such Bidder is interested. Any or all bids will be rejected if there is reason for believing that collusion exists among any of the Bidders. Participants in such collusion will not be considered in future bids. A Non-Collusion Affidavit shall be executed and submitted, by uploading to PennBid, using the “Prepare Submission” tab, with the Bidder’s Bid using the form set forth herein.

1.8 FEDERAL AND STATE CERTIFICATION

A. Federal and State Certification shall be executed and submitted, by uploading to PennBid, using the “Prepare Submission” tab, with the Bidder’s Bid using the form set forth herein.

1.9 SUPPLEMENTAL MATERIAL ALLOWANCE AND UNIT PRICE FORM

A. If applicable, a Supplemental Material Allowance and Unit Price Form shall be prepared and submitted, by uploading to PennBid, using the “Prepare Submission” tab, with the Bidder’s Bid using the form set forth herein. In submitting its Bid, the Bidder represents that the Material Allowances provided on this Form are included in its submitted Base Bid price and calculated based on the Unit Prices provided on this Form.

1.10 PRE-BID CONFERENCE

A. Refer to the Invitation to Bid.

1.11 STANDARD OF QUALITY

A. Bidders represent that their Bids are based upon the materials and equipment described in the Bidding Documents.

Section 00 21 13 Page 4

B. Standard of Quality – The various materials and products specified in the Specifications by name or description are given to establish a standard of quality and of cost for bid purposes. It is not the intent to limit the Bidder, the Bid or the evaluation of the Bid to any one material or product specified but rather to describe the minimum standard. When proprietary names are used, they shall be followed by the words “or alternatives of the quality necessary to meet the Specifications” unless the words “No Substitutions” appear with the proprietary name. A Bid containing an alternative, which does not meet the specifications, may be declared non-responsive. A Bid containing an alternative may be accepted; however, if an award is made to that Bidder, the Bidder will be required to replace any alternatives which do not meet the Specifications. When proprietary names are used followed by the words “No Substitutions,” the specified manufacturer and products are the only acceptable products for this Project.

C. The various materials and products mentioned which name make or catalog number shall be interpreted as establishing a standard of quality and shall not be construed as limiting completion, unless the words “No Substitutions” appear with the proprietary name. Where proprietary names are used and are followed by the words “or approved equal,” they shall be subject to equals as approved and only as approved by the Architect and/or Engineer.

D. It shall be the Contractor's responsibility to submit to the Architect information, drawings, catalog cuts, data, performance records, samples, photographs and such other proof and guarantees in affidavit form from the manufacturer to determine the equality of the Contractor's proposed substitution.

E. Only those substitution requests received in the office of the Architect by Monday, September 22, 2025, at 5:00 PM will be considered. An Addendum listing approved substitutions will be issued to all prospective Bidders no later than Thursday, September 25, 2025.

F. The Contractor shall place orders for specified material and equipment promptly on award of contract.

G. Requests for product approval shall be submitted by primes on the sample “CSI Substitution Request Form” following “Section 016000 – Product Requirements.” Substitutions submitted without a fully executed “Substitution Request Form” will be rejected. All CSI forms must have an attachment listing the key product difference from the specified product (since many have separate patents) and list why each difference makes the product or its performance the “same-as” or “better” than the specified product. Submit Substitution Requests by email to jonesm@hunt-eas.com and caulfielda@hunt-eas.com.

1.12 EQUIVALENT LISTING

A. If Bidder desires to use any kind, type, brand or manufacturer of material other than those named in the Specification, Bidder shall indicate in writing on the form included in Specification Section 00 44 00 Equivalent Listing prior to award of contract, that kind, type, brand or manufacturer included in the Base and/or Alternate Bids for the specified item(s).

1.13 WITHDRAWAL OF BIDS

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

B. No Bid, or any part thereof, may be withdrawn, canceled or modified for a period of sixty (60) days after the time and date designated for opening of Bids in the Invitation to Bid, except as set forth in 73 P.S. § 1601 et. Seq., (Act 4, enacted January 23, 1974, as amended).

Section 00 21 13 Page 5

1.14 AWARD OF CONTRACT OR REJECTION OF BIDS

A. An award of contract by the Owner, if made, will be made to the lowest responsible Bidder complying with the provisions and requirements of the Bidding Documents. Accepted Alternate Bids will be considered in determining the low Bidder.

B. The Owner, except to the extent required by Pennsylvania law, shall not be obligated to make an award of contract, if such award of contract is to be made, to the lowest Bidder or any other Bidder.

C. The Owner reserves the right to reject any and all bids, to waive all informalities, non-material defects, or technicalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional bids.

Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the correct sum.

D. The Owner, before making an award, may require any Bidder, within three (3) days of receipt of Bids, to present satisfactory evidence, in a form specified by the Owner, of the Bidder’s experience, qualifications, financial ability and other matters reasonably related to the Bidder’s ability to satisfactorily perform and complete the work covered by the Bidder’s Bid.

E. If the Contract is to be awarded, Owner or its designated representative will give the Successful Bidder a Notice of Intent to Award within sixty (60) days after the day of Bid Opening unless delayed by the required approval of another governmental agency, in which event the bid shall be irrevocable for a period of one hundred twenty (120) days after Bid Opening.

1.15 BID GUARANTY

A. Each Bid must be accompanied by Bid guaranty in an amount not less than ten percent (10%) of the Base Bid amount, in the form of a certified check, bank cashier's check, trust company treasurer's check or Bid bond naming the Owner as payee or obligee, as applicable. Bid guaranty shall remain valid for a period of sixty (60) days from the time designated for receipt of Bids in the Invitation to Bid.

B. Bid bonds must be in the form bound herewith, with corporate surety authorized to do business in Pennsylvania and satisfactory to the Owner and accompanied by a proper Power of Attorney evidencing the authority of the agent of the surety to execute the Bid Bond. Said surety shall be listed on the current Federal Register and have an AM Best rating of ‘A-’ or better and a financial size category of Class X or higher. The form of the Bid Bond included herein is for use by Bidders. The Bid Bond shall be uploaded to PennBid using the “Bid Bond Upload” tab located under the “Prepare Submission” tab.

C. The Bid guaranty shall warrant that the Bidder, upon receipt of written notice from the Owner that such Bidder is the apparent successful Bidder, shall furnish to the Owner: a properly executed Agreement, properly executed Performance and Payment Bonds in the forms herein provided and evidence of insurance coverage, in accordance with the applicable provisions of the Contract Documents, within the time period herein specified. If said successful Bidder shall fail to comply with the foregoing requirements, the Owner may declare said Bidder to be in default.

D. If such Bidder shall so be declared to be in default, the Owner may further declare all rights of such Bidder to be forfeited and may award a contract to the next lowest responsible Bidder or Bidders or may rebid the Work. In addition, the Bid guaranty accompanying such Bidder’s Bid shall be held by the Owner and shall be applied by the Owner toward the satisfaction of any difference between the amount of the Bid of such Bidder, as accepted by the Owner, and any higher amount for which the Work shall be contracted for by the Owner, together with any additional advertising costs, legal fees, Architect's fees and all other fees and costs incurred by the Owner as a result of such default by said Bidder. If the Owner shall not procure an

Section 00 21 13 Page 6 executed contract with any other Bidder for the performance of the Work contemplated in the Bid of the Bidder, as accepted by the Owner, upon the same terms and conditions, other than price, within the Bid withdrawal period set forth in Article 5, whether because of lack of other Bids or because of the inability or refusal of any other Bidder to enter into an appropriate contract, or because the cost under any higher Bid would be greater than the Owner shall determine, in the Owner’s sole discretion, that the Owner can afford, then the full amount of such Bid guaranty of the said Bidder shall be forfeited to the Owner as liquidated damages.

The obligation of any surety, with respect to such Bid guaranty, which is in the form of a Bid Bond, shall not exceed the stated principal amount of the Bid Bond.

E. The Bid guaranty accompanying the Bid of each of the three (3) lowest responsible Bidders will be held by the Owner provided that such Bid guaranty will be returned to each such Bidder within two (2) days after the Owner and successful Bidder shall have entered into a fully executed contract, or within two (2) days after the Owner has determined that no award will be made or within two (2) days after expiration of the Bid, as shall be applicable under the circumstances.

F. If the Owner shall not have made final award of contract within fifteen (15) calendar days after the Bid Opening date, the three (3) lowest responsible Bidders may, at their option, on or after such fifteenth (15th) day, substitute a Bid Bond, in form herein provided, in lieu of any Bid guaranty check submitted by such Bidder. Such Bid Bond shall be in like amount of the guaranty check and shall be valid for the remainder of the stipulated guaranty period.

G. The Bid guaranty of all other Bidders will be returned to such Bidders within ten (10) days of the specified Bid Opening date, except such Bid guaranty of any Bidder declared in default will be held by the Owner, as herein set forth.

H. The Owner shall not be liable for any interest upon any Bid guaranty submitted, which is in the form of a check, for the entire guaranty period.

1.16 PERFORMANCE AND LABOR AND MATERIAL BONDS

A. The Contractor shall provide a Performance Bond and a labor and material Payment Bond, each in the amount of 100% of the Contract price, before the award of the Contract (Sections 756 and 757 of the Public School Code of 1949, as amended, and the Public Works Contractors Bond Law of 1967).

1.17 EXECUTION OF CONTRACT AND BONDS

A. Subsequent to award, and within ten (10) days after the prescribed Form of Agreement is received for the Bidder’s signature, the successful Bidder shall purchase and furnish to the Owner a Performance Bond and a Payment Bond, in the form bound herewith, each in the stated principal amount of one hundred percent (100%) of the Contract amount. Such Bonds, naming the successful Bidder as principal, shall be executed by one or more surety companies satisfactory to the Owner and legally authorized to do business in Pennsylvania and shall be executed on behalf of the surety in such manner as shall legally bind the surety. If the execution on behalf of the surety is by an agent or agents, a proper Power of Attorney evidencing the authority of such agent or agents shall be attached to the Bond. Such Power of Attorney shall bear the same date as the Bond to which it is attached. To be satisfactory to the Owner, surety or sureties must have certificate of authority as acceptable surety on federal bonds and as an acceptable reinsuring company within the limitations set forth in the latest U.S. Treasury Department Circular 570. If the successful Bidder is a foreign corporation, each of such bonds shall contain such further conditions or provisions as the Owner shall direct or require.

B. The Agreement, the Performance Bond and the Payment Bond shall be executed in the following manner:

Section 00 21 13 Page 7

1. If the successful Bidder is an individual, each such document shall be executed by the individual personally, the individual’s signature shall be witnessed and any trade name employed in the conduct of the individual’s business shall be stated.

2. If the successful Bidder is a partnership, each such document shall be executed in the name of the partnership by each of the general partners and the signature of the general partners shall be witnessed.

3. If the successful Bidder is a corporation, each such document shall be executed in the name of the corporation:

a. By the President or a Vice-President and attested by the Secretary or Assistant

Secretary and the corporate seal shall be affixed; or

b. By a duly authorized agent of the corporation whose authority to act, as of the date of such document, shall be established by proof, satisfactory to the Owner, attached to the document.

C. The Agreement, the Performance Bond and the Payment Bond shall be executed by the successful Bidder and delivered to the Owner in at least three (3) counterparts, as directed in paragraph 15.D. If so instructed, the successful Bidder shall also provide, via email, a .PDF version of the executed Agreement, Bonds and proper evidence of insurance coverage required by the Contract Documents to the Owner and Owner’s Representative.

D. Within ten (10) days after the prescribed Form of Agreement is received for the Bidder’s signature, the successful Bidder shall print three (3) hard copy originals and execute and deliver to the Owner the duly completed Agreements, in the form bound herewith, together with proper evidence of insurance coverage required by the Contract Documents. Such Agreement shall be executed by, or on behalf of, the successful Bidder in the manner set forth herein.

E. Failure of any successful Bidder to comply with the provisions of this Article, within the time permitted or within such extension of time, if any, as the Owner in the Owner’s sole discretion may grant, shall constitute a default by the Bidder and the Owner, thereafter, either may make an award to the next lowest responsible Bidder, to be determined by the Owner in the Owner’s sole discretion, or to advertise for new Bids and make an award on the basis thereof and may charge against such Bidder the difference between the amount of the Bid, as accepted by the Owner, and any higher amount for which the required work shall be contracted for by the Owner, together with any additional advertising costs, Architect’s fees, legal fees and any and all other fees and expenses incurred by the Owner as a result of such default by the Bidder, irrespective of whether such difference shall exceed the amount of Bid guaranty submitted with the Bid.

1.18 SUBMISSION OF CONTRACTOR’S QUALIFICATION STATEMENT WITH BID

A. All Bidders shall submit, by uploading, the Contractor’s Qualification Statement on AIA Form A305, plus responses to supplemental questions, if required, using the PennBid “Prepare Submissions” tab.

1.19 MINIMUM WAGE RATES AND REQUIREMENTS

A. This Project involves funds from the Commonwealth of Pennsylvania; therefore, the Project is subject to the wage rates of the Pennsylvania Prevailing Wage Act, if applicable.

B. Workpersons shall be paid no less than such prevailing minimum wage rates and other such provisions for each trade to assure payment thereof as heretofore set forth in this Section.

C. The Contract provisions shall apply to all work performed on the Contract by the Contractor and to all work performed on the Contract by all subcontractors.

D. The Contractor shall insert in each subcontract all of the stipulations contained in these required provisions and such other stipulations as may be required.

Section 00 21 13 Page 8

E. No workpersons may be employed on the Public Work except in accordance with the classifications set forth in the decision of the Secretary. In the event that additional or different classifications are necessary, the procedure set forth in the Regulations shall be followed.

F. All workpersons employed or working on the Public Work shall be paid unconditionally, regardless of whether any contractual relationship exists or the nature of any contractual relationship which may be alleged to exist between any contractor, subcontractor and workpersons, not less than once a week without deduction or rebate, on any account, either directly or indirectly, except authorized deductions, the full amounts due at the time of payment, computed at the rates applicable to the time worked in the appropriate classification.

Nothing in the Contract, the Act or these Regulations shall prohibit the payment of more than the general prevailing minimum wage rates as determined by the Secretary to any workperson on public work.

G. The Contractor and each subcontractor shall post for the entire period of construction the wage determination decisions of the Secretary, including the effective date of any changes thereof, in a prominent and easily accessible place or places at the site of the Work and at such place or places used by them to pay workpersons their wages. The posted notice of wage rates must contain the following information:

1. Name of project.

2. Name of public body (or Owner) for which the project is being constructed.

3. The crafts and classifications of workpersons listed in the Secretary's general prevailing minimum wage rate determination for the particular project.

4. The general prevailing minimum wage rates determined for each craft and classification and the effective date of any changes.

5. A statement advising workpersons that if they have been paid less than the general prevailing minimum wage rate for their job classification or that the contractor and/or subcontractor are not complying with the Acts or these Regulations in any manner whatsoever, they may file a protest in writing with the Secretary of Labor and Industry within three (3) months of the date of the occurrence, objecting to the payment to any contractor to the extent of the amount or amounts due or to become due to them as wages for work performed on the Public Work Project.

6. Any workperson paid less than the rate specified in the Contract shall have a civil right of action for the difference between the wage paid and the wages stipulated in the Contract, which right of action must be exercised within six (6) months from the occurrence of the event creating such right.

H. The Contractor and all subcontractors shall keep an accurate record showing the name, craft and/or classification, number of hours worked per day and the actual hourly rate of wage paid (including employee benefits) to each workperson employed by the Contractor in connection with the Public Work and such record must include any deductions from each workperson.

The record shall be preserved for two (2) years from the date of payment and shall be open at all reasonable hours for the inspection of the public body awarding the Contract and the Secretary or the Secretary’s duly authorized representatives.

I. Wages shall be paid without any deductions except authorized deductions. Employers not parties to a contract requiring contributions for employee benefits which the Secretary has determined to be included in the general prevailing minimum wage rate shall pay the monetary equivalent thereof directly to the workpersons.

J. Payment of compensation to workpersons for work performed on public work on a lump sum basis, or a piece work system, or a price certain for the completion of a certain amount of work or the production of a certain result shall be deemed a violation of the Act and these Regulations, regardless of the average hourly earnings resulting therefrom.

Section 00 21 13 Page 9

K. Each Contractor and each subcontractor shall file a statement each week and a final statement at the conclusion of the work on the Contract with the contracting agency, under oath and in a form satisfactory to the Secretary, certifying that all workpersons have been paid wages in strict conformity with the provisions of the Contract, or if any wages remain unpaid to set for the amount of wages due and owing to each workpersons respectively.

1.20 PENNSYLVANIA HUMAN RELATIONS ACT

A. The provisions of the Pennsylvania Human Relations Act, Act 222 of October 27, 1955 (P.L.

744) (43 P.S. Section 951, et. seq.) of the Commonwealth of Pennsylvania prohibit discrimination because of race, color, religious creed, ancestry, age, sex, national origin, handicap or disability by employers, employment agencies, labor organizations, contractors and others. The Contractor shall agree to comply with the provisions of this Act, as amended, which is made part of this Specification. The Contractor’s attention is directed to the language of the Commonwealth's non-discrimination clause in 16 PA. Code 49.101.

1.21 CONTRACTS TO PROHIBIT DISCRIMINATION AGAINST RACE, CREED OR COLOR

A. According to 62 Pa.C.S.A. § 3701, the Contractor agrees that:

1. In the hiring of employees for the performance of the Work under the Contract or any subcontract, no Contractor, subcontractor or any person acting on behalf of the Contractor or subcontractor shall by reason of gender, race, creed or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which employment relates.

2. No Contractor or subcontractor or any person on his or her behalf shall in any manner discriminate against or intimidate any employee hired for the performance of work under the Contract on account of gender, race, creed or color.

3. The Contract may be cancelled or terminated by the government agency and all money due or to become due under the Contract may be forfeited for a violation of the terms or conditions of that portion of the Contract.

1.22 WORKERS’ COMPENSATION ACT

A. The Contractor shall accept, insofar as the work covered by the Agreement is concerned, the provisions of the Pennsylvania's Workers’ Compensation Act of 1915, and any supplements or amendments thereof, including any which may hereafter be passed, and shall insure the Contractor’s liability thereunder, or file with the Owner a certificate of exemption from insurance from the Bureau of Workers’ Compensation of the Department of Labor and Industry.

B. The Contractor shall at all times indemnify and save harmless the Owner of and from all claims for Workers’ Compensation which may be made by any of the employees of the Contractor or of any subcontractor to whom the Contractor may have let the performance of any part of the work embraced in the Agreement and the Contractor will appear for and defend the Owner against any and all such claims.

1.23 CONTRACTS TO REQUIRE COMPETENT WORKPERSONS

A. According to Section 752 of the Public School Code of 1949, no person shall be employed to do work under such contract except competent and first class workpersons and mechanics.

B. No workpersons shall be regarded as competent first class, within the meaning of this Act, except those who are duly skilled in their respective branches of labor and who shall be paid not less than such rates of wages and for such hours' work as shall be established and current rates of wages paid for such hours by employers of organized labor in doing of similar work in the district where work is being done.

Section 00 21 13 Page 10

1.24 PROVISION FOR THE USE OF STEEL AND STEEL PRODUCTS MADE IN THE UNITED

STATES; ALUMINUM PRODUCTS

A. In accordance with Act No. 3 of the 1978 General Assembly of the Commonwealth of Pennsylvania, if any steel or steel products are to be used or supplied in the performance of the Contract, only those produced in the United States as defined therein shall be used or supplied in the performance of the Contract or any subcontracts thereunder.

B. In accordance with Act 161 of 1982, cast iron products shall also be included and produced in the United States. Act 141 of 1984 further defines "steel products" to include machinery and equipment. The Act also provides clarifications and penalties.

C. Pursuant to Act No. 53 approved April 28, 1978, no aluminum or steel products are to be used or supplied which are made in a foreign country, which has been deemed to be discriminating.

1.25 CLEARANCES

A. Before commencing the Work, Contractor shall supply the Owner with state and federal criminal history reports and child abuse clearances, including but not limited to the Act 34 of 1985 Criminal History Report, Act 151 of 1994 Child Abuse Background Check and Act 114 of 2006 FBI Criminal History Report, for all employees, agents and subcontractors who will be on the Owner’s property. The original clearances must be presented to the Owner one (1) week prior to each employee, agent or subcontractor coming on the Owner’s property. All such clearances shall be dated no earlier than one (1) year prior to the date of presentation to the Owner. The Owner shall retain a copy of all such clearances on file. Notwithstanding any other provision of the Contract, violation of this provision shall constitute grounds for immediate termination of the Contract by the Owner.

B. The Owner specifically reserves the right to reject any person the Owner deems unfit to be permitted on school grounds and in proximity to students. Upon written notice from the Owner, the Contractor shall have all such persons removed from the Project. The Owner’s right to declare such person unfit shall not be limited to the required exclusion of persons from school property as set forth in Section 1-111 of the Pennsylvania Public School Code and/or Subchapter C2 of the Child Protective Services Law. The Contractor shall comply with the Section 111 of the Pennsylvania Public School Code as amended (24 P.S. §1-111) and the Child Protective Services Law as amended (23 Pa C.S.A. §§ 6301 et. seq. and §6365).

C. The Contractor shall supply any other such clearances and/or certifications, affidavits, etc. as may be required by the Owner.

1.26 CONTRACTOR BADGES

A. The Owner shall provide each worker a sticker for his or her hardhat indicating that the worker is “cleared to work,” which shall be worn at all times while working at the Site.

1.27 OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA)

A. In addition to requirements heretofore specified in Article 10 of the General Conditions, the Contractor shall comply with the Federal Occupational Safety and Health Act of 1970, including all amendments in effect at the time of performance of the Work.

1.28 ENVIRONMENTAL RESOURCES - POLLUTION CONTROL STATUTES

Section 00 21 13 Page 11

A. 62 Pa. C.S.A. Section 3301 requires that bidders and contractors on construction contracts for the Commonwealth of Pennsylvania be advised that there are provisions of Federal and State statutes, rules and regulations dealing with the prevention of environmental pollution and the preservation of public natural resources that affect the Project on which Bids are being received.

B. The Contractor shall become thoroughly acquainted with the terms of the listed statutes, rules and regulations, including, but not limited to: Flood Plain Management Act (32 P.S. Section 679.101, et seq.), Water Well Drillers License Act (32 P.S. Section 645.1, et seq.), Pennsylvania Scenic Rivers Act (32 P.S. Section 820.21, et seq.), Dam Safety and Encroachment Act (32 P.S. Sec. 693.1, et seq.), Bluff Recession and Setback Act (32 P.S.

Section 5201, et seq.), Storm Water Management Act (32 P.S. Section 680, et seq.), Pennsylvania Sewage Facilities Act (35 P.S. Section 750.1, et seq.), Pennsylvania Solid Waste Management Act (35 P.S. Section 6018.101, et seq.), Pennsylvania Safe Drinking Water Act (35 P.S. Section 721.1, et seq.), the Clean Streams Law (35 P.S. Section 691.901 et seq. and 35 P.S. Section 691.1 et. seq.), Air Pollution Control Act (35 P.S. Section 4001, et seq.), Pennsylvania Historic Preservation Act (37 Pa. C.S.A. Section 501, et seq.), Pennsylvania Hazardous Sites Clean Up Act (35 P.S. Section 6020.101, et seq.), Pennsylvania Storage Tank and Spill Prevention Act (35 P.S. Sec. 6021.101, et seq.), Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.

Sections 9601-9675) as amended, including, but not limited to, the Superfund Amendments and Reauthorization Act (P.L. 99-499), Federal Solid Waste Disposal Act (42 U.S.C. Sections 6901-6992), Federal Clean Air Act (Air Pollution Act) (42 U.S.C. Sections 7401-7642), Federal Safe Drinking Water Act (See Public Health Service Act Sections 1401-1451) (42 U.S.C.

Sections 9601-9675) as amended, including, but not limited to, the Superfund Amendments and Reauthorization Act (P.L. 99-499), Federal Solid Waste Disposal Act (42 U.S.C. Sections 6901-6992), Federal Clean Air Act (Air Pollution Act) (42 U.S.C. Sections 7401-7642), Federal Safe Drinking Water Act (See Public Health Service Act Sections 1401-1451) (42 U.S.C.

Sections 300f-300j-11), Wild and Scenic River Act (P.L. 90-542), Endangered Species Conservation Act of 1969 (P.L. 89-669), Endangered Species Conservation Act of 1973 (16 U.S.C. Sections 1531-1544), Federal Clean Water Act of 1977 (P.L. 95-217), Rivers and Harbor Act of 1970 ( P.L. 91-611), Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sections 136-136y), Toxic Substance Control Act (15 U.S.C. Sections 2601-2692), Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sections 6901-6991), Coastal Wetlands Planning, Protection and Restoration Act (16. U.S.C. Sections 3951-3956), Coastal Zone Management Act of 1972 (16 U.S.C. Sections 1451-1464), Community Environmental Response Facilitation Act (42 U.S.C. Section 9620), Emergency Planning and Right-to-Know Act of 1986 (42 U.S.C. Sections 11001-11050), Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. Sections 791-798), Environmental Quality Improvement Act of 1970 (42 U.S.C. Sections 4371-4375), Federal Facility Compliance Act of 1992 (42 U.S.C. Section 6901), Federal Land Policy and Management Act of 1976 (43 U.S.C. Sections 1701-1784), Federal Water Pollution Control Act (33 U.S.C. Sections 1251-1387), Geothermal Energy Research, Development, and Demonstration Act of 1974 (30 U.S.C. Sections 1101- 1164), Global Climate Protection Act of 1987 (15 U.S.C. Section 2901 note), Hazardous Substance Response Revenue Act of 1980 (see 26 U.S.C. Sections 4611, 4612, 4661, 4662), Lead-Based Paint Exposure Reduction Act (15 U.S.C. Sections 2681-2692), Lead Contamination Control Act of 1988 (42 U.S.C. Sections 300j-21 to 300j-25), Low-Level Radioactive Waste Policy Act (42 U.S.C. Sections 2021b-2021d), National Climate Program Act (15 U.S.C. Sections 2901-2908), National Contaminated Sediment Assessment and Management Act (33 U.S.C. Section 1271 note), National Environmental Policy Act of 1969 (42 U.S.C. Sections 4321-4370b), National Ocean Pollution Planning Act of 1978 (33 U.S.C.

Sections 1701-1709), Noise Control Act of 1972 (42 U.S.C. Sections 4901-4918), Oil Pollution Act of 1990 (33 U.S.C. Sections 2701-2761), Pollution Prevention Act of 1990 (42 U.S.C.

Sections 13101-13109), Public Health Service Act (42 U.S.C.