1-15-0426 Bucks County Correctional Facility Chiller Replacement.2.pdf

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County of Bucks Doylestown, Pennsylvania

INVITATION TO BID

BUCKS COUNTY CORRECTIONAL FACILITY CHILLER REPLACEMENT.2

Bucks County Commissioners Diane M. Ellis-Marseglia LCSW, Chair

Robert J. Harvie Jr., Vice Chair Gene DiGirolamo, Secretary

Chief Clerk Gail Humphrey

Solicitor Daniel Grieser, Esq.

Controller Neale Dougherty

Due Date: 11:30 AM April 27, 2026 Spec No.: 15-04/26

BUCKS COUNTY CORRECTIONAL FACILITY CHILLER REPLACEMENT.2

Spec #15-04/26

SECTION 00 00 01 – TABLE OF CONTENTS

DIVISION 00 BIDDING AND CONTRACTING REQUIREMENTS

Section 00 00 01 Table of Contents Section 00 21 13 Instructions to Bidders Section 00 43 13 Consent of Surety Section 00 43 14 Bid Bond Section 00 45 13 Contractors Qualification Statement Section 00 45 18 Hold Harmless Clause Section 00 45 19 Non-Collusion Affidavit Section 00 45 43 Corporate Disclosure Statement Section 00 52 13 Standard Form of Agreement Between Owner and Contractor Section 00 61 13 Consolidated Performance / Payment / Maintenance Bond Section 00 72 13 General Conditions of the Contract for Construction Section 00 73 43 Pennsylvania Prevailing Wages E-Verify Employment Verification ST-1 Steel Origin Certification WL-1 Waiver of Liens RCO-1 Responsible Contractors Ordinance

Bucks County Correctional Facility Chiller Replacement – Bid Submission

TOC Page 1 of 1

SPECIFICATIONS

PROJECT MANUAL

Titled: BUCKS COUNTY CORRECTIONAL FACILITY PRISON -

CHILLER REPLACEMENT

1730 S Easton Road Doylestown, PA 18901

DIVISION 01 - GENERAL REQUIREMENTS

011000 Summary 012500 Contract Modification Procedures 012900 Payment Procedures 013100 Project Management And Coordination 013200 Construction Progress Documentation 013300 Submittal Procedures 014200 References 015000 Temporary Facilities And Controls 016000 Product Requirements 016350 Substitution Procedures 017000 Execution Requirements 017320 Selective Demolition 017700 Closeout Procedures 017810 Project Record Documents 017820 Operation And Maintenance Data 018200 Demonstration And Training

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

078413 Penetration Firestopping 079200 Joint Sealants

DIVISION 23 - MECHANICAL (HVAC)

230519 Meter and Gauges For HVAC Piping 230523 General-Duty Valves For HVAC Piping 230529 Hangers and Supports For HVAC Piping 230553 Identification for HVAC Piping and Equipment 236416 Centrifugal Chiller

DIVISION 26 – ELECTRICAL

260500 Common Work Results For Electrical 260519 Low-Voltage Electrical Power Conductors and Cables 260526 Grounding and Bonding For Electrical Systems 260529 Hangers and Supports For Electrical Systems 260533 Raceways and Boxes For Electrical Systems 260543 Underground Ducts and Raceways for Electrical Systems 260544 Sleeves and Sleeve Seals For Electrical Raceways and Cabling 260553 Identification For Electrical Systems 262813 Fuses 262816 Enclosed Switches and Circuit Breakers

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SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

RESPONDING TO THIS BID

1. All sections of the electronic Bid, including downloads and RFI’s shall be submitted with the bid and acknowledges the Bidder affirms, understands, and will abide by the requirements of the Bid.

Failure to do so may cause the Bid to be rejected as non-responsive.

2. The submission of a bid will be considered as conclusive evidence of complete examination of specifications and samples.

3. The County of Bucks reserves the right to accept and award an Agreement to the lowest responsive, responsible bidder. The County reserves the right to reject any or all bids or any part thereof. The County reserves the right to award an Agreement based on evaluation of specific criteria found in these specifications.

4. No verbal instructions or information to bidders will be binding. The specifications will be considered clear and complete unless written attention is called to any apparent discrepancies or incompleteness thereof, before the opening of bids. Should any written inquires be received by the Commissioners, these inquiries will be answered in the form of addenda and issued to all providers.

These addenda shall then be considered a part of these specifications.

5. Each bid must be submitted electronically by 11:30 A.M. on the day of the bid opening.

6. The bids will be opened and read publicly in Conference Room 557 on the 5th floor of the

Administration Building, 55 E. Court Street, Doylestown PA by the Commissioners or their Representative at 11:30 A.M. on the day the bid is due.

7. The Commissioners of Bucks County reserve the right to reject any or all bids or parts thereof, as deemed to be in the best interest of the County.

8. If information is not included with your bid, and you receive a request from the County to provide it, you MUST deliver the information to the person making the request within 72 hours (excluding weekends). Any information not received within 72 hours may result in your bid being excluded from the evaluation and award process.

QUALIFICATIONS OF BIDDERS

9. The County’s Procurement Department and PennBid are the sole authorities to provide this bid package to interested companies or individuals. Bidders who are working from a bid package obtained from any other source may be working from an incomplete set of documents. The County assumes no responsibility for a bid’s errors, omissions, or misinterpretations resulting from a Bidder’s use of an incomplete bid package.

10. Bidders who have received the bid package from a source other than the County Procurement Department or PennBid are not an official vendor of record for the bid. These bidders must download the document from PennBid to become a vendor of record. This will ensure that the bidder will receive all communication such as Addenda and Clarifications regarding the bid.

11. The County of Bucks may make such investigation, as it deems necessary to determine the ability of bidder to perform the work. The County reserves the right to reject any bid if investigation of such bidder fails to satisfy the County that such bidder is properly qualified to carry out the obligations of the Agreement, and to complete the work contemplated therein.

12. Bidders may be required to submit the names and addresses of the officers or principals of the Corporation, firm or partnership submitting a bid. Failure to comply could result in the rejection of such bid as non-responsive.

13. Unless required to complete the Questionnaire and Financial Statement as may be indicated elsewhere in these specifications, all bidders must be prepared to present suitable evidence of their financial standing, and to furnish a list of similar work recently completed.

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14. The County has the right to reject any and all bids from any bidder that is in or contemplates bankruptcy of any chapter or nature. Said bidder must notify the County in writing of any existing condition or knowledge of same.

SECURITY DEPOSIT – REQUIREMENT

15. A security deposit (cash, a certified check or cashier’s check-- drawn on a bank authorized to do business in the Commonwealth of Pennsylvania, or a properly executed bid bond-- if a corporation, signed by a properly authorized representative of the providing company with the corporate seal; if unincorporated, signed by a properly authorized representative of the providing company with a witness signature as well as a signature and seal by a properly authorized representative of the providing company with a witness signature as well as a signature and seal by a properly authorized officer of the bonding company with proof of the authority to sign on behalf of the bidder and the bonding company accompanying the bond) in the amount of 5% of the total bid.

Said security must be made payable to the County of Bucks. Security deposit of cash or certified check must be deposited with the County Controller at least one-quarter hour before the time set for opening of bids. A Bid Bond security deposit must be uploaded with the bid response. The security deposit shall guarantee that the bidder will fully and faithfully comply with all of the terms of the bid, and give bond in accordance therewith.

16. Bid Bonds will be covered with surety of a company authorized to do business in the Commonwealth of Pennsylvania.

17. Bid Bonds provided as surety will not be returned to the bidder after award unless bidder specifically requests the County do so.

18. In the event the successful bidder (when security deposit is required) fails or refuses give surety as required within 20 days after the Bid has been awarded, bidder's security deposit may be declared forfeited as liquidated damages, the letter of acceptance of his bid may be voided, and all obligations of the Commissioners in connection herewith will be cancelled.

19. A security deposit in the required amount must be furnished. No bid will be considered unless the security deposit is furnished in the required amount.

FORM OF AGREEMENT

20. Bidders shall execute the Agreement contained in the Invitation to Bid and upload it with their bid response. It is expressly understood and agreed by the bidders that the contractual obligations of the County to the bidders are effective only after the execution of an Agreement signed by all parties AND the issuance of a purchase order by the Bucks County Procurement Department for the goods and/or services requested. It is further expressly understood and agreed that the mere issuance of an Agreement between the County and a bidder will not oblige the County in any fashion unless and until a purchase order is received by the bidder.

21. Copies of any signatures and electronic signatures shall be considered original signatures.

22. Any changes to the Agreement contained in the Invitation to Bid are strictly prohibited and shall not be accepted.

DISCLOSURE OF CONTENTS

23. All proposals/bids and other material submitted becomes the property of the County and may be returned only at the County’s option. Information contained in the proposals/bids will not be disclosed during the evaluation process. Under Pennsylvania’s “Right to Know” laws public records are required to be open to reasonable inspection and reproduction. All proposal/bid information, 00 21 13 Page 3 including detailed price and cost information, will be held in confidence during the evaluation process and prior to the time a Notice of Intent to Award is issued. Thereafter all proposals/bids will become public information; subject to inspection and reproduction in accordance with the PA Right to Know Law (Act 3 of 2008), unless otherwise exempt under the Act.

24. Notwithstanding any terms or conditions contained herein, Consultant/Vendor agrees to comply with all Local, State and Federal laws and regulation. Consultant/Vendor specifically agrees to produce all documents that may be subject to public disclosure pursuant to the Pennsylvania Open Records Law.

25. Trade secrets and other proprietary data contained in a proposal may be held confidential if such data meets the definitions of confidential proprietary information and/or trade secrets under Section 102 of the Right to Know Law. Material considered confidential by the offeror must be clearly identified and the offeror must include a brief statement that sets out the reasons for the confidentiality and how this information meets the criteria of Section 102 of the law.

INTERPRETATION OF SPECIFICATION

26. Should a bidder discover discrepancies in the specifications, the matter shall be at once brought to the attention of the Bucks County Procurement Department, and the discrepancies corrected before proceeding further.

27. The bidder acknowledges that any ambiguity, unclear language, or discrepancies within the bid documents, including but not limited to drawings, specifications, or other attachments, must be addressed by seeking clarifications within the question-and-answer period during the bidding process. Failure to seek clarification or request necessary information shall not relieve the bidder from performing the obligations outlined in the contract. The County shall not be responsible for any resulting change orders or additional costs arising from issues that could have been resolved through proper inquiry during the question-and-answer period.

28. All explanations, interpretations and instructions required under these specifications will be given by the Procurement Director or designated Representative based on written requests from bidders submitted to the solicitation on the PennBid website. All questions must be submitted by noon seven calendar days prior to the due date; the questions will be answered by 5:00 pm five calendar days prior to the due date.

ADDENDUMS

29. Addendums will be posted to the solicitation on the PennBid website. Sending them in this way is an accommodation and the County of Bucks is not liable for any errors in transmission of the documents. Obtaining all bid documents including addendums is the responsibility of the bidder.

PROTECTION BY BIDDER

30. The bidder agrees to indemnify, defend and save harmless the Commissioners and their representatives from all suits or actions of every nature and description brought against them or any of them, on account of the use of patented or copyrighted appliances, materials, products or processes, and from all legal expenses and costs of suits regarding the same.

31. The bidder shall not assign, transfer, convey, sublet or otherwise dispose of the Agreement or any part thereof to anyone without the consent of the County of Bucks.

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GENERAL CLAUSES

RESERVATIONS

32. The County of Bucks reserves the right to reject any or all bids and also reserves the right to waive any irregularities, informalities, deficiencies and/or defects in the bids received.

33. Any bidder who has demonstrated poor performance during either a current or previous agreement with the County of Bucks may be considered as an unqualified source and their bid may be rejected. The County of Bucks reserves the right to exercise this option as is deemed proper and/or necessary.

ACCESS TO ACCOUNTING RECORDS

34. The Contractor shall check all materials, equipment and labor entering into the Work and shall keep such full and detailed accounts as may be necessary for proper financial management under this Agreement and the system shall be satisfactory to the County. The County or its representative shall be afforded access to all the Contractor’s records, books, correspondence, instructions, drawings, receipts vouchers, memoranda, and similar data relating to this Agreement, and the Contractor shall preserve all such records for a period of three years, or for such longer period as may be required by law, after the final payment.

ASSIGNMENT OF REFUND RIGHTS

35. The Contractor agrees to assign and transfer to the County all its rights to sales and use tax which may be refunded as a result of a claim for refund for materials purchased in connections with this Agreement. The Contractor further agrees that it will not file a claim for refund for any sales or use tax, which is the subject of this assignment.

AGREEMENTS WITH SUBCONTRACTORS

36. The Contractor agrees to include the “Access to Accounting Records” and “Assignments of Refund

Rights” paragraphs, in full, in any Agreements with subcontractors.

DELIVERY

37. In general, deliveries shall be F.O.B. Destination and at such times as may be fixed by the

Procurement Director and shall not be made except upon definite instructions by the Procurement Director.

PROVISIONS CONCERNING THE AMERICANS WITH DISABILITIES ACT

38. During the terms of this Agreement, the Contractor agrees as follows: Pursuant to federal regulations promulgated under the authority of The Americans with Disabilities Act, 28 C.F.R.

Section 35.101 et seq., the Contractor understands and agrees that no individual with a disability

00 21 13 Page 5 shall, on the basis of disability, be excluded from participation in this Agreement or from activities provided for under this Agreement. As a condition of accepting and executing this Agreement, the Contractor agrees to comply with the "General Prohibitions Against Discrimination," 28 C.F.R.

Section 35.130, and all other regulations promulgated under Title II of the Americans with Disabilities Act which are applicable to the benefits, services, programs, and activities provided by the County of Bucks through Agreements with outside contractors.

39. The Contractor shall be responsible for and agrees to indemnify and hold harmless the County of Bucks from all losses, damages, expenses, claims, demands, suits and actions brought by any party against the County of Bucks as a result of the Contractor's failure to comply with the provisions of the above paragraph.

SPECIAL CLAUSES

MANDATORY PRE-BID MEETING AND SITE VISIT

A MANDATORY PRE-BID meeting will be held for bidders responding to this bid. The meeting will begin at 9:00 a.m. on April 6, 2026 at 1730 South Easton Road, Doylestown, PA 18901. Bidders attending the Pre-Bid meeting are required to email their full name and a copy of their Driver’s License to dlkratz@buckscounty.org and jmcoyne@buckscounty.org prior to the meeting. Only bidders who have been prescreened will be permitted to attend this meeting.

INFORMATION TECHNOLOGY POLICIES

Not used.

RULES AND REGULATIONS FOR OUTSIDE CONTRACTORS

PRACTICE

It is the practice of Bucks County to require outside contractors to abide by established safety rules and regulations designed to protect our personnel and facilities. The intent of this procedure is to provide sufficient information to allow our contractors to conduct business in all County facilities in a safe and professional manner.

PROCEDURE

A. The General Services Department shall communicate the safety rules and regulations for outside contractors to the contractor or their representative prior to the beginning of work, and inform the contractor that violation of these rules and regulations by the contractor may be grounds for cancellation of the contract by the County Commissioners or the Chief Operating Officer.

B. All threats to safety involving outside contractors must be reported to the General Services

Department.

C. Bucks County Procurement Department or requesting department, shall send a copy of this procedure to all contractors as part of any bid or quote package issued.

D. The contractor must notify the General Services Department by phone at 215-345-3950 before starting work at any County facility.

mailto:dlkratz@buckscounty.org mailto:jmcoyne@buckscounty.org

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RULES

A. The contractor is responsible for adherence to existing local, state and federal codes and regulations.

B. Personal vehicles may be parked in designated areas; all parking regulations as posted must be observed.

C. The possession of any type of weapon on county property is prohibited. The contractor shall not allow their employees to work under the influence of narcotics or intoxicating beverages.

D. Fighting, horse-play and running are prohibited within the entire facility.

E. Smoking is not permitted

F. Before starting any excavation, the contractor must consult with the General Services department for all known underground utilities. The contractor is also responsible to schedule a PA one Call before starting any work. All open pits and excavated areas must be properly protected at all times. Barricades, identification signs or other warning devices must be used at these hazardous locations when no work is being performed.

G. The treatment of injuries sustained by the contractor’s employees shall be the responsibility of the contractor.

H. Regardless of the type of fuel used, all fuel-driven machines must be shut down for refueling.

I. Gasoline powered trucks must be equipped with a spark-arrester on tail pipe. No riders, other than the driver, are permitted on either empty or loaded trucks. Refueling must be done outside the building.

J. Adequate and proper eye protection such as safety glasses, face shields or goggles must be properly worn at all times when work offers an eye injury exposure. Safety glasses must also be worn in any posted area requiring their use.

K. Oily or otherwise dirty disposable wiping cloths must be deposited in closed covered containers.

L. Housekeeping is the contractor’s responsibility. Clean-up of the respective working areas must be accomplished at the end of the day or shift or more often if an unusual hazard is created.

M. Bulk storage of flammable liquids must be kept outside of buildings. No more than one day's working supply should be inside the building at any time and they must be kept in properly labeled self-closing covered safety containers.

N. Dunnage, binding wire, metal strapping and other types of debris must be cleaned up immediately after use and taken to designated collection areas. At no time shall scrap be permitted to remain in aisles and areas where it could become a "tripping" or a "slip and fall" hazard.

O. Aisles, exits, walkways and fire protection equipment must be maintained free from obstruction at all times. Fire doors must not be blocked or fastened open. Wires, cables or hoses, etc. shall not pass through a doorway and prevent the fire door from closing completely.

P. Adequate fire protection must be provided at every job site where flame and spark producing equipment is used. This equipment must be inspected by the contractor before it is used to ensure

00 21 13 Page 7 that it is in good working order. A Cutting and Welding Permit must be secured from the General Service Department before starting such work.

Q. General Services, in conjunction with the Fire Marshal’s Office shall show the contractor the various methods of transmitting fire alarms within the facility. It is the responsibility of the contractor to familiarize their employees with these methods.

R. When welding and/or cutting are done in storage rooms, flammable liquid area and vapor degreaser areas, the flammable material must be adequately covered with flame retardant tarpaulins. While the cutting and/or welding is being done, at least one person must be stationed in the immediate area with a suitable fire extinguisher.

S. When cutting, welding or grinding work is to be done in the immediate vicinity of county employees, adequate screen protection from flying objects must be provided.

T. If and when it becomes necessary to use a fire extinguisher, it must be reported immediately to the General Services Department.

U. All ladders must be substantially built, free of defects and provided with the necessary safety equipment. Extension ladders, while in use, must be securely fastened to prevent them from falling or skidding. Aluminum ladders are not permitted.

V. Acetylene, oxygen, nitrogen and other compressed gas cylinders must be securely fastened in an upright position.

W. Contractors must store gas cylinders in a specified location. After completion of the work, the contractor is responsible for the removal of all their gas cylinders.

X. Any spillage, regardless of its nature, must be cleaned up immediately.

Y. Safety guards or other devices shall not be removed from tools or equipment except for repairs and must be replaced upon completion of repair.

Z. Scaffolds planks, ladders, ropes, ground wires, etc., shall be inspected by the contractor and replaced if they prove to be defective.

AA. Hard hats should be worn when overhead work is being performed.

BB. Temporary wiring must be properly insulated and substantially supported.

CC. If work necessitates the turning off of any portion of the sprinkler systems or power, General

Services Department in conjunction with the Fire Marshal’s Office, must be notified 24 hours prior to these systems being turned off or on.

DD. It is the responsibility of the contractor to see that only authorized, qualified (licensed if required) personnel use power actuated (stud) tools. Adequate shields to lessen the danger of flying materials must be erected if work is done in close proximity to county employees.

EE. It is the responsibility of the contractor's representative to familiarize himself with the building or work area layout and to instruct employees in the location of emergency exits and evacuation routes.

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FF. The contractors employees will be permitted access only to those areas necessary for the performance of contractual work. Under no circumstances are the contractor’s employees allowed to tour or roam around the facility or enter areas not necessary for the performance of their work.

GG. “Strike anywhere” matches are not permitted

HH. All personnel must wear shirts with sleeves that cover the shoulders and pants that cover the entire leg to the ankle.

II. At no time is work permitted with materials that the employee does not understand or are not aware of the hazard. The contractor is required to have Material Safety Data Sheets for all materials.

SPECIAL RESTRICTIONS FOR WORK IN THE CORRECTIONAL FACILITY

A. Personal Behavior: Contractors are responsible for disseminating and informing their employees of the special restrictions on personal behavior and the procedures/potential penalties for violations.

B. Working Hours: Regular work hours are from 6:30 A.M to 2:30 P.M. coincident with shift periods, Monday thru Friday. Prior permission will have to be granted by the institution for other working hours.

C. Vehicles: Construction vehicles, as well as employee’s vehicles, will be parked in an area designated by the institution and locked at all times. If any vehicles are to be left over night, the license number or numbers will be reported to the institutional Main Control Center on a daily basis.

D. Tools: Tools shall be kept in a secure [locked] area when not in use and inventoried on a daily basis to insure accountability. While being used they shall be kept in view or on person. Broken or non-usable tools are to be disposed of away from institutional property. Any missing tools are to report immediately to the institution. Particular attention will be paid to tools, which may be used as weapons or instruments of escape. Special procedures will be developed with the institutions Security concerning cutting pliers, bolt cutters, saws, and powder accuated fasteners and welding or cutting equipment. Under no circumstances will cutting torches or welding equipment be left inside the institution overnight.

E. Fraternization: There will be NO fraternization or private relationships of the contractors’ employees with inmates. This includes but is not limited to, trading, bartering or receiving favors, gifts, money from inmate, or inmates’ friends, relatitives or representatives.

F. Alcohol and controlled substances: Alcoholic beverages and controlled substances are not permitted to be carried, stored or consumed on the institutional property. You will not report to the institution under the influence of the above mentioned.

G. Gambling: Gambling or wagering will not be permitted on institutional property.

H. Weapons or implements for escape: Weapons or implements of escape [other than tools applicable in section D] shall not be permitted on institutional property. Non-compliance with this policy may result in criminal charges.

I. Contraband: Contraband shall not be permitted on institutional property. Contraband to confined persons is prohibited. A person commits a misdemeanor of the first degree if that person sells gives

00 21 13 Page 9 or furnishes to any convict in a prison, or gives away or brings into any prison, or building appurtenant thereto, or on the land granted to or owned or leased by the commonwealth or county for the use and benefit of the prisoners or inmates, or puts in place where it may be secured by a convict of a prison, or employee thereof, any kind of spirituous or fermented liquor, drug, medicine, poison, opium, morphine, or any other kind of narcotics [except the ordinary hospital supply of the prison] without written permit signed by the physician of such institution, specifying the quantity and quality of the liquor or narcotic which may be furnished to any convict, inmate, or employee in the prison the name of the prisoner, inmate or employee for whom, and the time when the same may be furnished, which permit shall be delivered to and kept by the warden or his designee.

J. Search: Any person entering the facility will be subject to a search of their person at any time.

While the person may refuse, such refusal may cause for denial of further entrance.

K. Orientation Program: The institution agrees to provide an orientation program for covering the security rules and regulations for the contractors’ personnel, if so requested.

L. Project Information: All communications and findings are to be through the designated Correctional Project Manager only. Contractors are not permitted to discuss any details of the project with the inmate population, correctional staff or anyone outside of the institution.

M. Employee information: The contractor shall provide the following:

1. Name

2. Date of birth

3. Social security number

4. Driver’s license number

This information will be used exclusively to perform a security clearance check on each individual employee. All information provided will be kept confidential. No employee of the contractor will be admitted to the institution until this security clearance check has been performed and then only at the discretion of warden or Superintendent will contractors be permitted entry.

N. Tobacco: The institution is a non-smoking facility and no tobacco will be permitted inside the institution. Smoking is permitted outside of the institution. All tobacco material will be secured outside of the institution.

Any violation of the restrictions listed above will be cause for immediate removal of the individual and or individuals involved in the violation from the property.

BONDS AND INSURANCE

All bidders are hereby informed that failure to provide the Bonds and Insurance Certificate with the required limits and coverage within 20 days of receiving a notice of the award may result in the bidder’s security deposit being forfeited as liquidated damages and the bid being awarded to the next lowest bidder.

Where the Contract calls for the doing and performing of Public Work and labor necessary for the complete performance of the contract for the construction, reconstruction, alteration or repair of any Public building or other Public Work or Public improvement, including highway work, and where said contract exceeds $10,000 the successful bidder shall furnish to the Procurement Director a:

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PERFORMANCE BOND with surety in the amount of 100% of the contract amount. The Performance Bond shall be conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract.

LABOR AND MATERIAL (PAYMENT) BOND with surety in the amount of 100% of the contract amount. The Labor and Material Bond shall be conditioned upon the prompt payment of all material furnished and/or labor supplied in the prosecution of the work.

Also required is a MAINTENANCE BOND with surety in the amount of 10% of the contract amount.

The Maintenance Bond shall be surety against defective or inferior materials or workmanship which may develop during a period of one year from date of total completion and acceptance of all work performed under the contract.

INSURANCE REQUIREMENTS

All bidders are hereby informed that failure to provide the Insurance Certificate with the required limits and coverage within 20 days of receiving a notice of the award may result in the bid being awarded to the next lowest bidder.

Insurance Coverages and Limits are shown in the Standard Form of Agreement included in this bid package.

EXCLUDED/DEBARRED PARTY CLAUSE FOR AGREEMENTS USING FEDERAL FUNDS FOR

THE NESHAMINY MANOR NURSING FACILITY

Not used.

FALSE CLAIMS ORDINANCE

Vendor is aware that knowingly presenting or causing to be presented a false claim for payment or approval to the County may subject Vendor to damages, attorneys’ fees, and costs pursuant to County of Bucks Ordinance No. 163 and other applicable laws. Upon the County’s request, Vendor shall complete and submit a County of Bucks certified claim form or else forfeit the claim. The False Claims Ordinance can be found at https://www.buckscounty.gov/DocumentCenter/View/1711/Ordinance- Number-163-PDF .

PRISON RAPE ELIMINATION ACT

The Prison Rape Elimination Act of 2003 (PREA) is a federal law established to address the elimination and prevention of sexual assault and sexual harassment in confinement facilities. In response to PREA, the Bucks County Youth Center and Department of Corrections have developed a zero-tolerance policy towards sexual violence. Abuse of both juvenile and adult offenders can occur by a staff member, contractor, volunteer, or another offender. Sexual abuse, sexual harassment, and sexual misconduct will not be tolerated. By law, offenders cannot consent to sexual contact with staff members, volunteers, or contractors.

As part of this contract, the provider will agree to the following:

1. The contractor will immediately report any allegation of sexual misconduct to the Department’s Director, Warden, Superintendent, or PREA Coordinator. Full cooperation with the investigation is expected.

https://www.buckscounty.gov/DocumentCenter/View/1711/Ordinance-Number-163-PDF https://www.buckscounty.gov/DocumentCenter/View/1711/Ordinance-Number-163-PDF

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2. The contractor will accept any report of sexual misconduct (verbally, in writing, anonymously, etc.)

regardless of who is making the report. No allegation should be disregarded.

3. The contractor shall make all reasonable efforts to maintain confidentiality in reference to information related to an allegation of sexual misconduct or sexual abuse.

4. The contractor shall not harass, intimidate, retaliate, or otherwise interfere with any person who has reported an incident or a suspected incident of sexual misconduct.

5. The contractor’s personnel policy and procedures shall incorporate standard professional behavior and the prohibition of sexual misconduct, consistent with the respective facility’s PREA Policy.

6. All contracted employees will be educated by Bucks County’s designated department on their responsibilities to prevent, detect, and respond to sexual abuse and sexual harassment. Said employees will also be notified that failure to meet their obligations will lead to discipline and potentially criminal prosecution. All contracted employees will acknowledge receipt of this training.

CDC and PA DEPARTMENT OF HEATLH GUIDELINES Bidders are given notice that the employees of the company awarded this contract is required to follow all CDC guidelines and all PA Department of Health guidelines regarding social distancing and the wearing of face masks while on County property.

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SECTION 00 43 13 – CONSENT OF SURETY

CONSENT (OR AGREEMENT) OF SURETY

The undersigned (________________________________), a corporation organized and existing under Name of Surety Co.

the laws of the State of ________________________ and authorized to do business in the Commonwealth of Pennsylvania, does hereby consent and agree with

County of Bucks that if the proposal of (____________________________________________________) for Name of Bidder

Name of Bid: Bucks County Correctional Facility Chiller Replacement.2; Spec #15-04/26 be accepted and a contract for said work be awarded to the said (_____________________________), Name of Bidder it will, upon its being so awarded, become surety for the said (_____________________________) on Name of Bidder such surety bonds as are called for in the Request for Bids.

Signed and Sealed (___________________) Date Name of Surety Co.

By:_______________________________ Attorney-in-fact

POWER OF ATTORNEY MUST BE ATTACHED TO CONSENT OF SURETY

Power of Attorney must be dated as of the same date as the Consent of Surety and the bond. You must provide below the name, address and phone number of a person to be contacted in the event any questions or claims arise regarding the bid and/or performance bond:

Name ______________________________________ Title __________________________________

Address __________________________________________________________________________

Phone # _____________________________

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SECTION 00 43 14 – BID BOND

THE COUNTY OF BUCKS HAS PROVIDED THIS SAMPLE BID BOND FOR SUBMISSION

TO A BIDDER'S INSURANCE/BONDING COMPANY. LANGUAGE SUBSTANTIALLY SIMILAR

TO THIS WILL BE ACCEPTED; HOWEVER, LANGUAGE THAT LIMITS THE BID BOND TO

THE "DIFFERENCE" BETWEEN BID AMOUNT AND SUCH LARGER AMOUNT FOR

WHICH THE OWNER COULD CONTRACT, SHALL NOT BE ACCEPTABLE.

THIS BOND, made this ____ day of ____________________, 20__.

WITNESSETH:

KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, ___________________________________________________________________, as Principal and

_______________________________________________________________________________ as Surety, are held firmly bound unto the County of Bucks, as Owner, in the sum of 5% of the Amount of Bid, for the payment of which we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

The condition of the above is such that whereas the Principal has submitted to the County of Bucks a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for

NOW, THEREFORE,

(a) If said Bid be rejected, or in the alternate,

(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Agreement attached hereto (properly completed in accordance with said Bid), and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be null and void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall in no way be impaired or affected by an extension of the time within which the Owner may accept such bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the surety have hereunto set their hands and seals, and in such of them as are corporations have caused their corporate seals to be hereto affixed and those present to be signed by their proper officers, the day and year first set forth above.

by Principal:__________________________ by Surety:________________________________

00 45 13 Page 1

SECTION 00 45 13 - CONTRACTOR'S QUALIFICATION STATEMENT

THE UNDERSIGNED certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter.

SUBMITTED TO: County of Bucks

ADDRESS: 55 East Court Street Doylestown, Pennsylvania

SUBMITTED BY:

ADDRESS:

PRINCIPAL'S NAME:

MAILING ADDRESS:

(if different than above)

CHECK one: Corporation ( ), Partnership ( ), Individual ( ), Joint Venture ( ) or Other ( )

1.0A How long has your organization been in business as a Contractor? ___________

1.0B Federal identification number (or SSN for Individual):

2.0 How many years has your organization been in business under its present business name?

2.1 Under what other or former names has your organization operated?

a.

b.

c.

3.0 If a Corporation, answer the following:

3.1 Date of incorporation:

3.2 State of incorporation:

3.3 President's name:

3.4 Vice Presidents names:

00 45 13 Page 2

3.5 Secretary's name:

3.6 Treasurer's name:

4.0 If an Individual or a Partnership, answer the following:

4.1 Date of organization:

4.2 Type of Partnership:

4.3 Name and address of all partners (State whether General or Limited Partnership):

5.0 If other than a Corporation or Partnership, describe organization and name Principals:

6.0 List the States and the categories in which your organization is legally qualified to do business.

Indicate registration or license numbers if applicable:

1. _____________________________________________________________________

7.0 Organization normally performs the following type of work:

1. List the categories of work that your organization normally performs with its own forces:

8.0 Have you ever failed to complete any contract work that was awarded to you?

Yes ( ) or No ( )

If your answer was YES, fully describe the circumstances surrounding that failure.

9.0 Are you currently involved or during the past 10 years been involved with litigation with any current or previous customer either as plaintiff or defendant?

00 45 13 Page 3

If your answer was YES, state the nature and status of the litigation and the stated reasons for the dispute.

9.1 Have your firm or your subcontractors ever been debarred by Federal, State or local authorities:

Yes( ) or No ( )

If YES, provide a complete listing of events to that effect.

10.0 Within the last 10 years, has any Officer or Partner of your organization been an Officer or

Partner of any other organization that defaulted on a contract?

Yes ( ) or No ( )

If YES, attach a separate sheet explaining the default.

11.0 How would you best describe your company?

How many employees are currently on your company payroll?

Full Time__________ Part Time__________

12.0 On a separate sheet of paper list all major contracts that your organization has in process, giving the Name of the Project, the Owner's Name, the Architect, the Contract Amount, Percent Complete and the Scheduled Completion Date.

13.0 On a separate sheet of paper list the major projects your organization has completed in the past five years, giving the Name of the Project, the Owner's Name, Architect's Name, the Date of Completion and the Contract Amount.

14.0 On a separate sheet of paper list the construction experience of the key individuals of your organization, including the project manager, site superintendent and foreman.

15.0 On a separate sheet of paper list the rolling stock and powered equipment that your organization owns or rents. Annotate the type and quantities of the equipment that you intend to use on this job site.

16.0 Trade References:

1. 2.

3. 4.

00 45 13 Page 4

17.0 Bank References: 1.

2.

18.0 Name of Bonding Company with the name and address of agent:

Name:

A.M. Best Rating Agent:

18.1 Current bonding capacity available to Contractor $

19.0 For construction bids in excess of $100,000.00, attach last audited financial statement, including

Contractor's latest balance sheet and income statement plus statement of cash flow showing the following:

a. Current Assets,

b. Net Fixed Assets,

c. Other Assets,

d. Current Liabilities,

e. Other Liabilities,

f. Name of firm preparing financial statement and date thereof.

19.1 Is this financial statement for the identical organization named on page one?

If NO, explain the relationship and financial responsibility of the organization whose financial statement is provided.

Parent ( ), Subsidiary ( ), Other:

a. Will this organization act as a guarantor of the contract for construction?

Yes ( ) or No ( )

20.0 It will be required that the General Contractors retain craftsmen skilled and licensed to perform their work. The Owner will award contracts to responsible prospective bidders who have the ability and resources available to perform successfully under the terms and conditions of the

00 45 13 Page 5 proposed contract. The following are guidelines that the Owner may use in determining the lowest responsible bidder:

1. The General Contractor must have been in business for at least five years.

2. In consideration of the Owner’s requirement for the provision of quality workmanship, safety prompt and timely completion of the work and the inflexibility of the work schedule it will be required that each Prime Contractor retain craftsmen skilled and licensed to perform their work.

3. The bidder has experience in the Construction of facilities of similar size, and can demonstrate their ability to complete a facility of this size and scope, within the contract guidelines and to the Owner's satisfaction.

4. The General Contractor will be responsible for the general construction work as outlined in all of the documents. The general contractor must be capable of performing 15% of the labor in their portion of the documents with their own forces. General construction "brokers" will not be qualified bidders.

Failure of the Bidder to submit this Contractor’s Qualification Statement and required attachments may render the Bidder ineligible for award of the Contract. The Owner may reject any bidder or bid if the evidence submitted by or investigation of such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

21.0 Dated at this day of , 20__

Name of Organization:

By:

Title:

22.0 M Being duly sworn deposes and says that he/she is

the of and that the answers to the foregoing questions and all statements therein contained are true and correct.

Sworn to and Subscribed before me this ____ Day of , 20__.

Notary Public My Commission expires:

00 45 18 Page 1

SECTION 00 45 18 – HOLD HARMLESS CLAUSE

HOLD HARMLESS CLAUSE

A. The contractor shall indemnify, defend and save harmless the County of Bucks, their elected and appointed officers, consultants, agents and employees, including its individual members, from and against all losses, claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description brought against or recoverable from the County of Bucks, their elected and appointed officers, consultants, agents and employees, including its individual members, by reason of any act or omission of the contractor, its agents, employees, assigns, and any entity acting in the contractor’s behalf and on the contractor’s direction in the execution of any work and any activities directly or indirectly incidental thereto. This specifically includes any negligence or carelessness of the contractor in failing to review all plans, specifications, and other documents published by the County of Bucks, their elected and appointed officers, consultants, agents and employees, including their individual members, in connection with the preparation and award of the contract. Such indemnity shall include reasonable attorney’s fees and all costs and other expenses arising therefrom or incurred in connection therewith and shall not be limited by reason of the enumeration of any insurance coverage required therein.

B. The contractor shall assume all risk and bear any loss or injury to the property or any person which is caused by the negligence of the contractor, including his negligent failure to notify the County of Bucks, their elected and appointed officers, consultants, agents and employees, including their individual members, or any dangerous condition requiring the County of Bucks, their elected and appointed officers, consultants, agents and employees, including their individual members, action, during the period including periods when the contractor is not present on the site but during the progress of the work provided for in the contract until the same shall have been completed and accepted. The contractor shall also assume all responsibility for any and all loss by reason of the contractor’s negligence or violation of any local, state, or federal law, regulation, practice, or order.

The contractor shall give to the County of Bucks and all other appropriate authorities all required notices relating to the work for which the contract was let including all notices of any dangerous conditions.

C. The contractor, in executing this Agreement, represents to the County of Bucks, their elected and appointed officers, consultants, agents and employees, including their individual members, that the contents of this hold harmless clause has been communicated to any subcontractors or employees and that this representation is made in behalf of both him/herself and all persons or organizations acting in the contractors’ behalf including any subcontractors.

ATTEST: Name of Firm

Witness Signature

Please Print Name

00 45 19 Page 1

SECTION 00 45 19 – INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

INSTRUCTIONS

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid.

According to the Pennsylvania Antibid-Rigging Act, 73 P.S. 1611 et seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with bids.

2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on prices and the amount quoted in the bid.

3. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval or submission of this bid.

4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party.

5. The term "complementary bid" as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of bids lower than the bid of another firm, any intentionally low or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file an Affidavit in compliance with these instructions may result in disqualification of the bid.

00 45 19 Page 2

(Intentionally left blank)

00 45 19 Page 3

COUNTY OF BUCKS

NON-COLLUSION AFFIDAVIT

State of :

: s.s.

County of :

I state that I am of Title Name of Firm and that I am authorized to make this affidavit on behalf of my firm, and its owners,…