250 Harrisburg Ave Lancaster, PA 17603

LEBANON COUNTY MUNICIPAL BUILDING

– PHASE II RENOVATIONS

PROJECT SPECIFICATIONS

VOLUME I: DIVISIONS 00 & 01

FOR

COUNTY OF LEBANON

400 SOUTH 8TH STREET

LEBANON, PA 17042

Project No. 22-038

July 7, 2026

Lebanon County Municipal Building – Phase II Renovations

County of Lebanon B+H 22-038

TABLE OF CONTENTS TOC-1

TABLE OF CONTENTS

VOLUME I

DIVISION 00 - BIDDING & CONTRACT REQUIREMENTS

001100 INVITATION TO BID

002113 INSTRUCTIONS TO BIDDERS

003132 AVAILABLE PROJECT INFORMATION

004146 SUPPLEMENTAL ALLOWANCE AND UNIT PRICE FORM

004313 BID SECURITY - BID BOND (AIA DOCUMENT A310)

004513 CONTRACTOR’S QUALIFICATION STATEMENT (AIA DOCUMENT A305)

004519 NON-COLLUSION AFFIDAVIT

004520 INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

005200 STANDARD FORM OF AGREEMENT BETWEEN OWNER & CONTRACTOR (STIPULATED

SUM) (AIA DOCUMENT A101-2017); AIA A101-2017 EXHIBIT A INSURANCE AND BONDS

006113.13 PERFORMANCE BOND

006113.16 PAYMENT BOND

007200 GENERAL CONDITIONS OF CONTRACT FOR CONSTRUCTION (AIA DOCUMENT A201)

007300 SUPPLEMENTARY CONDITIONS

007346 WAGE DETERMINATION SCHEDULE

DIVISION 01 - GENERAL REQUIREMENTS

011000 SUMMARY

011000A STAGING PLAN

011200 SUMMARY OF MULTIPLE CONTRACTS

012100 ALLOWANCES

012200 UNIT PRICES

012300 ALTERNATES

012600 CONTRACT MODIFICATION PROCEDURES

012900 PAYMENT PROCEDURES

013100 PROJECT MANAGEMENT AND COORDINATION

013200 CONSTRUCTION PROGRESS DOCUMENTATION

013233 PHOTOGRAPHIC DOCUMENTATION

013300 SUBMITTAL PROCEDURES

014000 QUALITY REQUIREMENTS

014200 REFERENCES

015000 TEMPORARY FACILITIES AND CONTROLS

016000 PRODUCT REQUIREMENTS

016100 DELIVERY, STORAGE AND HANDLING

017000 EXECUTION REQUIREMENTS

017329 CUTTING AND PATCHING

017700 CLOSEOUT PROCEDURES

017823 OPERATION AND MAINTENANCE DATA

017839 PROJECT RECORD DOCUMENTS

017900 DEMONSTRATION AND TRAINING

019100 GENERAL COMMISSIONING REQUIREMENTS

TABLE OF CONTENTS TOC-2

VOLUME II

DIVISION 02 – EXISTING CONDITIONS

024100 DEMOLITION

DIVISION 03 – CONCRETE

035416 HYDRAULIC CEMENT UNDERLAYMENT

DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES

061000 ROUGH CARPENTRY

068316 FIBERGLASS REINFORCED PANELING

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

078400 JOINT AND PENETRATION FIRESTOPPING

079200 JOINT SEALANTS

DIVISION 08 – OPENINGS

081113 HOLLOW METAL DOORS AND FRAMES

081416 FLUSH WOOD DOORS

084313 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS

087100 DOOR HARDWARE

088000 GLAZING

DIVISION 09 – FINISHES

092116 GYPSUM BOARD

092216 NON-STRUCTURAL METAL FRAMING

095100 ACOUSTICAL CEILINGS

096500 RESILIENT FLOORING AND BASE

096610 RESTORATION OF TERRAZZO FLOORING

096710 RESINOUS FLOORING

096813 TILE CARPETING

098430 SOUND-ABSORBING WALL UNITS

099123 INTERIOR PAINTING

DIVISION 10 – SPECIALTIES

101419 DIMENSIONAL LETTER SIGNAGE

101423 PANEL SIGNAGE

102113.19 PLASTIC TOILET COMPARTMENTS

102600 WALL AND DOOR PROTECTION

102800 TOILET, BATH AND LAUNDRY ACCESSORIES

104400 FIRE PROTECTION SPECIALTIES

105700 WARDROBE AND CLOSET SPECIALTIES

DIVISION 12 – FURNISHINGS

122400 WINDOW SHADES

123200 MANUFACTURED WOOD CASEWORK

123600 COUNTERTOPS

TABLE OF CONTENTS TOC-3

VOLUME III

DIVISION 22 - PLUMBING

220010 PLUMBING GENERAL PROVISIONS

220100 PLUMBING GENERAL EQUIPMENT

220250 PLUMBING INSULATION

220410 PLUMBING PIPING & SPECIALTIES

220440 PLUMBING FIXTURES & EQUIPMENT

DIVISION 23 - HEATING, VENTILATION AND AIR CONDITIONING

230010 MECHANICAL GENERAL PROVISIONS

230100 MECHANICAL GENERAL EQUIPMENT

230250 INSULATION

230510 HVAC PIPING & SPECIALTIES

230800 HVAC SYSTEMS COMMISSIONING

230835 HVAC EQUIPMENT

230860 VENTILATION EQUIPMENT

230890 DUCTWORK SYSTEMS

230990 TESTING, ADJUSTING, AND BALANCING

DIVISION 26 - ELECTRICAL

260010 ELECTRICAL GENERAL REQUIREMENTS

260060 ELECTRICAL DEMOLITION

260180 EQUIPMENT WIRING SYSTEMS

260519 ELECTRICAL POWER CONDUCTORS AND CABLES

260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS

260529 HANGERS AND SUPPORTS

260530 TELECOMMUNICATIONS ROUGH-IN

260533 RACEWAYS AND BOXES

260536 WIRE ROD TYPE CABLE TRAYS

260544 SLEEVES & SLEEVE SEALS FOR ELECTRICAL RACEWAYS & CABLING

260553 IDENTIFICATION

260536 WIRE ROD TYPE CABLE TRAYS

260620 SCHEDULES FOR ELECTRICAL DISTRIBUTION EQUIPMENT

260650 LUMINAIRE SCHEDULE

260800 ELECTRICAL SYSTEMS COMMISSIONING

260940 DISTRIBUTED DIGITAL LIGHTING CONTROL SYSTEM

262415 EXISTING PANELBOARDS

262416 PANELBOARDS

262726 WIRING DEVICES

262730 FLOOR BOXES & POKE-THRU’S

262813 FUSES

262816 ENCLOSED SWITCHES & CIRCUIT BREAKERS

265100 INTERIOR LIGHTING

DIVISION 27 - COMMUNICATIONS

270500 COMMON WORK REQUIRED FOR COMMUNICATIONS

DIVISION 28 - ELECTRONIC SAFETY & SECURITY

280500 COMMON WORK REQUIRED FOR ELECTRONIC SAFETY & SECURITY

283110 EXPANSION OF THE EXISTING FIRE ALARM SYSTEM

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INVITATION TO BID 001100-1

SECTION 001100 – INVITATION TO BID

SEALED BIDS are invited by the undersigned under the terms and conditions contained within the Contract Documents for the project described as Lebanon County Municipal Building – Phase II Renovations, 400 South 8th Street, Lebanon, PA 17042, for the County of Lebanon.

SEPARATE BIDS are invited on a lump sum basis for the County of Lebanon for the following work:

CONTRACT NO. 1 – General Construction CONTRACT NO. 2 – Plumbing Construction CONTRACT NO. 3 – Mechanical Construction CONTRACT NO. 4 – Electrical Construction

SEALED BIDS shall be submitted electronically via the PennBid Program no later than 1:00 PM prevailing time on Thursday, August 6, 2026, at which time they will be opened immediately thereafter electronically with the results made available 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 the County of Lebanon (400 South 8th Street, Lebanon, PA 17042) 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 July 7, 2026, 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, July 9, 2026, at 1:00 PM at the Lebanon County Municipal Building, Room 210, 400 South 8th Street, Lebanon, PA 17042. Bidders are encouraged to attend the Pre-Bid Meeting, which shall count as the required site visit. Prospective Bidders who do not attend the Pre-Bid Meeting are required to visit the site on Tuesday, July 14, 2026, at 1:00 PM. Bidders shall register for the site visit by contacting Heather Crownover, Project Manager (email: hcrownover@fidevia.com, ph: 717- 625-3433).

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

BY: Jamie A. Wolgemuth, Lebanon County Chief Clerk County of Lebanon 400 South 8th Street Lebanon, PA 17042

END OF SECTION

INSTRUCTIONS TO BIDDERS 002113-1

SECTION 002113 – INSTRUCTIONS TO BIDDERS

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.

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.

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.

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.

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

INSTRUCTIONS TO BIDDERS 002113-2

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.

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.

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 labor and materials, as called for in the Drawings and Project Specifications titled:

LEBANON COUNTY MUNICIPAL BUILDING – PHASE II RENOVATIONS

COUNTY OF LEBANON

and prepared by the Architectural Firm of:

BEERS + HOFFMAN ARCHITECTURE

LANCASTER, PENNSYLVANIA

HEREINAFTER, throughout the Contract Documents, referred to as the "Architect."

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 Wednesday, July 29, 2026, at 5:00 PM. No oral questions from Bidders will be reviewed or accepted. 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 Wednesday, July 29, 2026, at 5:00 PM may not

INSTRUCTIONS TO BIDDERS 002113-3

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 Monday, August 3, 2026, 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.”

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.

8. 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

9. PRE-BID CONFERENCE:

A. Refer to the Invitation to Bid.

10. STANDARD OF QUALITY:

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

B. Standard of Quality - The various materials and products specified in the Specifications and Invitation to Bid 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.

INSTRUCTIONS TO BIDDERS 002113-4

E. Only those substitution requests received in the office of the Architect by Monday, July 27, 2026, at 5:00 PM will be considered. An Addendum listing approved substitutions will be issued to all prospective Bidders no later than Monday, August 3, 2026.

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 jconnor@beershoffman.com and mail hand-signed originals to:

Beers + Hoffman Architecture 250 Harrisburg Avenue Lancaster, PA 17603

11. 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).

12. 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.

13. 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

INSTRUCTIONS TO BIDDERS 002113-5

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 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 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.

14. 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

INSTRUCTIONS TO BIDDERS 002113-6

School Code of 1949, as amended, and the Public Works Contractors Bond Law of 1967).

15. 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. The surety shall be listed on the current Federal Register and have an A.M. Best rating of ‘A-’ or better and a financial rating of Class X or higher. 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:

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.

D. Within ten (10) days after the prescribed Form of Agreement is received for the Bidder’s signature, the successful Bidder shall execute and deliver to the Owner the duly completed Agreement, 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.

16. SUBMISSION OF CONTRACTOR QUALIFICATION STATEMENT WITH BID:

INSTRUCTIONS TO BIDDERS 002113-7

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.

17. 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.

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.

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

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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.

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.

18. 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.

19. 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.

20. 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

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the Contractor will appear for and defend the Owner against any and all such claims.

21. 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.

22. 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.

23. CLEARANCES:

A. Before commencing the Work, Contractor shall supply the Owner with the name, company, job title, email address, criminal history report and child abuse clearance, including the Pennsylvania State Police Criminal Background Check and Pennsylvania Child Abuse History Clearance, for all employees, agents and subcontractors who will be on the Owner’s property. The original clearances must be provided by email to Jason Nelson (Jason.Nelson@lebanoncountypa.gov) and LeeAnne Shank (LeeAnne.Shank@lebanoncountypa.gov) 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.

The Owner specifically reserves the right to reject any person the Owner deems unfit to be permitted on grounds. Upon written notice from the Owner, the Contractor shall have all such persons removed from the Project.

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

24. 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.

ENVIRONMENTAL RESOURCES - POLLUTION CONTROL STATUTES:

25.

A. 62 Pa. C.S.A. Section 3301 requires that bidders and contractors on construction contracts for the

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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 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. Sections 300f-300j-11), Renewable Resources Extension Act of 1978 (16 U.S.C. Sections 1671-1676), Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sections 6901-6991), Soil and Water Resources Conservation Act of 1977 (16 U.S.C. Sections 2001-2009), Water Resources Research Act of 1984 (42 U.S.C. Sections 10301-10309), Wood Residue Utilization Act of 1980 (16 U.S.C. Sections 1681-1687), Pennsylvania Worker and Community Right-to-Know Act (35 P.S. Section 7301, et seq.), Asbestos Hazard Emergency Response Act of 1986 (see Toxic Substances Control Act Sections 201-214) (15 U.S.C. Sections 2651-2654), Delaware River Basin Compact (32 P.S. Section 815.101, et seq.), Brandywine River Valley Compact (32 P.S. Section 818, et seq.), Wheeling Creek Watershed Protection and Flood Prevention District Compact (32 P.S. Section 819, et seq.), Susquehanna River Basin Compact (32 P.S. Section 820.1, et seq.), Chesapeake Bay Commission Agreement (32 P.S. Section 820.11, et seq.), Land and Water Conservation and Reclamation Act (32 P.S. Section 5101, et seq.), Wild Resource Conservation Act (32 P.S. Section 5301, et seq.), Cave Protection Act (32 P.S. Section 5601, et seq.), Rails to Trails Act (32 P.S. Section 5611, et seq.), Phosphate Detergent Act (35 P.S. Section 722.1, et seq.), Plumbing System Lead Ban and Notification Act (35 P.S.

Section 723.1, et seq.), Publicly Owned Treatment Works Penalty Law (35 P.S. Section 752.1, et seq.), INSTRUCTIONS TO BIDDERS 002113-11

Pennsylvania Solid Waste-Resources Recovery Act (35 P.S. Section 755.1, et seq.), Sewage System Cleaner Control Act (35 P.S. Section 770.01, et seq.), Hazardous Material Emergency Planning and Response Act (35 P.S. Section 6022.101, et seq.), Oil Spill Responder Liability Act (35 P.S. Section 6023.1, et seq.), Land Recycling and Environmental Remediation Standards Act (35 P.S. Section 6026.101, et seq.), Radiation Protection Act (35 P.S. Section 7110.101, et seq.), Low-Level Radioactive Waste Disposal Act (35 P.S.

Section 7130.101, et seq.), Pennsylvania Municipalities Planning Code (53 P.S. Section 10101, et seq.), regulations, ordinances, and other actions pursuant to the foregoing, regulations pertaining to Pennsylvania Erosion and Sediment Control, and so on. No separate or additional payment will be made for such compliance. In the event that the listed statutes, rules and regulations are amended, or if new statues, rules or regulations become effective, after date of receipt of Bids, upon receipt of documentation which causes the Contractor to perform additional Work, the Owner may issue a Change Order setting forth the additional Work that must be undertaken and such additional Work shall be undertaken at no additional cost to the Owner. It is also the responsibility of the Contractor to determine what local ordinances, if any, will affect the Contractor’s portion of the Work. The Contractor shall check for any County, City, Borough or Township rules or regulations applicable to the area in which the Project is being constructed and, in addition, for any rules or regulations of other organizations having jurisdiction, including, without limitation, chambers of commerce, planning commissions, industries or utility companies who have jurisdiction over lands which the Contractor occupies. Any costs of compliance with local controls shall be included in the prices bid, even though documents of such local controlling agencies are not listed herein.

C. To the extent the Contractor performs excavation work, the Contractor shall comply with all rules and regulations of Chapter 102, Title 25 of Pennsylvania Soils Erosion and Sedimentation Control (25 Pa. Code Section 102.1, et seq.). Prior to any grading, the Contractor shall be responsible for obtaining approval from the Department of Environmental Protection for an approved sedimentation and erosion control site plan for the Project site and shall perform all necessary site work in accordance with said plan. The applicable plan shall be available at the Project site at all times. If the Contractor performs excavation work, the Contractor shall maintain all devices as required to control erosion caused by storing water and preventing dust and particles from being distributed off site.

26. NO CASH ALLOWANCES:

A. Cash allowances are not to be included in the Bid Specifications.

27. TAXES:

A. The Owner is exempt from Pennsylvania Sales and Use Taxes; however, the Contractor may be liable for sales or use tax on items purchased in connection with or used in the performance of the Contract. The Contractor’s Bid includes, and the Contractor shall be responsible for, payment of all sales and use taxes related to the Work. The Owner will execute the appropriate form "Certification of Exempt Purchaser" to enable the Contractor to claim, as appropriate, the Owner's sales and use tax exemption. Refer to Sales and Use Tax Regulations 150, 31.11, 31.12 and 31.13 for description of items with respect to which sales and use tax need not be paid.

28. STATE AND FEDERAL ADMINISTRATIVE FUNCTIONS:

A. The…