1-Contract Documents and Specifications.pdf

Contract Documents and Specifications

FOR

Elmwood Academy Lower Level HVAC

Owner:

Mechanicsburg Area School District 600 South Norway Street, 2nd Floor Mechanicsburg, PA 17055

Date: March 19, 2026 Project #: 1011522.002

Elmwood Academy Lower Level HVAC Project #1011522.002

Table of Contents

SECTION 000110 – TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT & CONTRACTING REQUIREMENTS

BIDDING INSTRUCTIONS

001116 Invitation to Bid

002113 Instruction to Bidders

BIDDING DOCUMENTS

004313.31 Bid Bond (Sample AIA-310)

004513.31 Contractor’s Qualification Statement (Sample AIA-305)

004515 Consent of Surety

004519 Non-Collusion Affidavit

004537 Equal Employment Opportunity Affidavit

004597 Bid Submittal Checklist

CONTRACTING REQUIREMENTS

005213.31 Agreement Form (Stipulated Sum – Single-Prime Contract) – (Sample AIA-104)

006113.13 Performance Bond (Sample AIA-312)

006113.16 Payment Bond (Sample AIA-312)

007343 Prevailing Wage Rates

008000.51 Public School Code Agreement

008013.51 PA Department of Education Requirements

008016.51 Criminal History Background Check

009200 PA E-Verify

DIVISION 01 - GENERAL REQUIREMENTS

011000 Summary

011200 Multiple Contract Summary

012100 Allowances

012200 Unit Prices

012300 Alternates

012500 Substitution Procedures

012600 Contract Modifications Procedures

012900 Payment Procedures

013300 Submittal Procedures

014000 Quality Requirements

015000 Temporary Facilities and Controls

017300 Execution

017700 Closeout Procedures

Table of Contents

DIVISION 23 – MECHANICAL

230500 Common Work Results for HVAC

230513 Common Motor Requirements for HVAV Equipment

230517 Sleeves and Sleeve Seals for HVAC Piping

230529 Hangers and Supports for HVAC Piping

230548 Vibration Controls For HVAC Piping and Equipment

230553 Identification for HVAC Piping and Equipment

230593 Testing, Adjusting, and Balancing

230713 Duct Insulation

230719 HVAC Piping Insulation

230800 Commissioning of HVAC

232300 Refrigerant Piping

233113 Metal Ducts

233300 Duct Accessories

233713 Diffusers, Registers, and Grilles

238126 Split System Air-Conditioning Units

238416 Mechanical Dehumidification Units

DIVISION 26 – ELECTRICAL

260511 Requirements For Electrical Systems

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

260544 Sleeves and Sleeve Seals for Electrical Raceways and Cabling

260553 Identification for Electrical Systems

262702 Equipment Connections

262726 Wiring Devices

262816 Enclosed Switches and Circuit Breakers

PLANS

ME0.1 Mechanical and Electrical Information Sheet

ME1.1 Lower Level Plan – Unit A – Mechanical and Electrical

Division 00 Procurement &

Contracting Requirements

Bidding Instructions

INVITATION TO BID 001116.21 - 1

SECTION 001116.21 – INVITATION TO BID

Notice is hereby given that Mechanicsburg Area School District will receive sealed bids online via the

PennBid program (http://pennbid.bonfirehub.com) until 12:00 p.m., prevailing time on Tuesday, April 21, 2026, for the Elmwood Academy Lower-Level HVAC Upgrade. The work includes but is not limited to all labor, materials, tools, oversight and permits required to install new mechanical equipment in order to provide temperature and climate control for the lower-level space.

All bidding documents will be available online at no cost via the PennBid Program

(http://pennbid/bonfirehub.com) beginning at 2:00 p.m. on Thursday March 19, 2026.

Bids must be accompanied by a bid bond with a corporate surety authorized to do business in

Pennsylvania, in accordance with the project specifications in the amount of 10% of the total bid amount.

A Performance Bond in the amount of 100% of the contract shall be furnished by the successful bidder as detailed in the Instructions to Bidders. Prevailing Wage Rates shall apply.

Immediately following the due date and time, all bids received through PennBid will be opened online at the Engineer’s Office and referred to the Project Owner for final award. An abstract of the bids received will be available to bidders on PennBid following the date and time that bids are due as indicated above.

A pre-bid meeting will be held at 3:00 p.m. on Wednesday April 1, 2026, at the project site (100 East

Elmwood Avenue Mechanicsburg, PA 17055). All bidders are encouraged to attend. Questions may be submitted through PennBid’s “Messages/Vendor Discussions” on or before 3:00 p.m. on Friday April 10, 2026. Responses will be provided via PennBid to all registered parties.

The Mechanicsburg Area School District reserves the right to accept or reject any or all bids or portions or to waive any informalities in bidding and to withhold award for a period of sixty days.

On Behalf of Mechanicsburg Area School District

Barry Isett & Associates, Inc.

2 Market Plaza Way, Suite 7

Mechanicsburg, PA 17055

INSTRUCTION TO BIDDERS 002113.21 - 1

SECTION 002113.21 – INSTRUCTION TO BIDDERS

ARTICLE 1 - DEFINITIONS

1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents.

The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions to

Bidders, the bid form, and other sample bidding and contract forms. The proposed Contract

Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications and all

Addenda issued prior to execution of the Contract.

1.2 Definitions set forth in the General Conditions of the Contract for Construction, AIA Document

A201, or in other Contract Documents are applicable to the Bidding Documents.

1.3 Addenda are written or graphic instruments issued by the Engineer prior to the execution of the

Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections.

1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents.

1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or from which

Work may be deleted for sums stated in Alternate Bids.

1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding

Documents, is accepted.

1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents.

1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the

Bidding Documents.

1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work.

ARTICLE 2 - BIDDER'S REPRESENTATIONS

2.1 The Bidder by making a Bid represents that:

A. The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that such documentation relates to the Work for which the Bid is submitted, and for other portions of the Project, if any, being bid concurrently or presently under construction.

B. The Bid is made in compliance with the Bidding Documents.

INSTRUCTION TO BIDDERS 002113.21 - 2

C. The Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents.

D. The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.1 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall complete submit a properly executed AIA Document A305, Contractor's Qualification Statement.

3.2 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.3 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.4 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 - BIDDING DOCUMENTS

4.1 COPIES

A. Bidders may obtain complete sets of the Bidding Documents at no cost, online via the PennBid

Program (https://pennbid.bonfirehub.com)

B. Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor

Engineer assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

C. The Owner and Engineer may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding Documents.

4.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

A. The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Engineer errors, inconsistencies or ambiguities discovered.

B. Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request via PennBid’s “Messages /Vendor Discussions” in accordance with the date referenced in the Invitation to Bidders.

C. Interpretations, corrections and changes of the Bidding Documents will be made by Addendum.

Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them.

INSTRUCTION TO BIDDERS 002113.21 - 3

4.3 SUBSTITUTIONS

A. The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.

Proprietary Items - Contractor may propose an “or equal” product for any item(s) specifically noted on the drawings or within the technical specifications. Contractor shall provide details and submit substitutions to the Engineer for review and approval as set forth in this section.

B. No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Engineer by 3:00 P.M. at least ten days prior to the date for receipt of Bids.

Such requests shall include the enclosed substitution request form, the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation.

A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other contracts that incorporation of the proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. The Engineer's decision of approval or disapproval of a proposed substitution shall be final.

C. If the Engineer approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner.

D. No substitutions will be considered after the Contract award unless specifically provided for in the Contract Documents.

4.4 ADDENDA

A. Addenda will be posted online via PennBid’s “Files” tab and bidder will be notified via email.

B. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid.

ARTICLE 5 - BIDDING PROCEDURES

5.1 PREPARATION OF BIDS

A. The Bid Form may be included in the Bidding Documents for Reference. Bidders shall complete the electronic bid form within PennBid’s “Prepare Your Submission” tab.

B. All requested Alternates shall be bid. If no change in the Base Bid is required, enter “0.”

C. Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder's refusal to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other manner.

D. Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the

Bidder. The Bidder shall provide evidence of legal authority to perform within the jurisdiction of the Work. Each copy shall be signed by the person or persons legally authorized to bind the

Bidder to a contract.

INSTRUCTION TO BIDDERS 002113.21 - 4

A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder.

E. Each Bid shall be accompanied with a list of three closely-related past projects completed by the

Bidder within the last five years. This list shall include a description of the work included in the project, the Client, the Client’s contact information, time of completion, and a value of the total construction cost.

5.2 BID SECURITY

A. Each Bid shall be accompanied by a bid security in the form and the amount of 10% of the bid if so stipulated in the Instructions to Bidders. The Bidder pledges to enter into a Contract with the

Owner on the terms stated in the Bid and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with

Section 6.2.

B. If a surety bond is required, it shall be written on AIA Document A310, Bid Bond, unless otherwise provided in the Bidding Documents, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney.

C. The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn or (c) all Bids have been rejected.

5.3 CONTRACTOR'S QUALIFICATION STATEMENT

A. Bidders shall submit to the Engineer, upon request, a properly executed AIA Document A305, Contractor's Qualification Statement.

5.4 SUBMISSION OF BIDS

A. Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com).

Bidders shall complete the electronic bid form within PennBid’s “Prepare Your Submission” tab.

B. The bid security, if any, and any other documents required to be submitted with the Bid uploaded to the PennBid’s “Requested Information” tab.

C. The Bidder shall assume full responsibility for timely submission of Bids.

5.5 MODIFICATION OR WITHDRAWAL OF BID

A. A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid.

https://pennbid.bonfirehub.com/

INSTRUCTION TO BIDDERS 002113.21 - 5

B. Prior to the time and date designated for receipt of Bids, a submitted Bid may be modified or withdrawn any time within the PennBid Program.

C. Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders.

D. Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted.

ARTICLE 6 - CONSIDERATION OF BIDS

6.1 OPENING OF BIDS

A. Upon receipt of the bids, the bids will be opened electronically. A public notice will be issued via

PennBid containing any available bid results. These results are subject to further review and should not be considered an issuance of an award.

B. At the discretion of the Owner and only if stipulated in the Invitation to Bid, the properly identified Bids received on time will be publicly opened and read aloud. Results will be issued per Article 6.1.A.

6.2 REJECTION OF BIDS

A. The Owner shall have the right to reject any or all Bids. A Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection.

6.3 ACCEPTANCE OF BID (AWARD)

A. It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available.

The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests.

B. The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted.

ARTICLE 7 – CONTRACT TIMES

7.1 The number of days within which, or the dates by which, Milestones are to be achieved and the

Work is to be substantially completed, and completed and ready for final payment, are set forth in the Agreement.

ARTICLE 8 – LIQUIDATED DAMAGES

8.1 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial

Completion, or completion of the Work in readiness for final payment, are set forth in the

Agreement.

INSTRUCTION TO BIDDERS 002113.21 - 6

ARTICLE 9 - POST-BID INFORMATION

9.1 OWNER'S FINANCIAL CAPABILITY

A. The Owner shall, at the request of the Bidder to whom award of a Contract is under consideration and no later than seven days prior to the expiration of the time for withdrawal of Bids, furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Unless such reasonable evidence is furnished, the Bidder will not be required to execute the Agreement between the Owner and Contractor.

9.2 SUBMITTALS

A. The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, after notification of selection for the award of a Contract, furnish to the Owner through the Engineer in writing:

1. a designation of the Work to be performed with the Bidder's own forces;

2. names of the manufacturers, products, and the suppliers of principal items or systems of materials and equipment proposed for the Work; and

3. names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work.

B. The Bidder will be required to establish to the satisfaction of the Engineer and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents.

C. Prior to the execution of the Contract, the Engineer will notify the Bidder in writing if either the

Owner or Engineer, after due investigation, has reasonable objection to a person or entity proposed by the Bidder.

If the Owner or Engineer has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option, (1) withdraw the Bid or (2) submit an acceptable substitute person or entity with no adjustment in the Base Bid or Alternate Bid occasioned by such substitution. The Owner may accept the adjusted bid or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited.

D. Persons and entities proposed by the Bidder and to whom the Owner and Engineer have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Engineer.

ARTICLE 10 - BONDING AND INSURANCE REQUIREMENTS

10.1 BOND REQUIREMENTS

A. The Bidder shall furnish bonds in 100% of the contract value covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the

Bidder's usual sources.

INSTRUCTION TO BIDDERS 002113.21 - 7

B. The contractor shall be required to provide the Owner with a 1-year maintenance bond in the amount of 10% of the awarded contract value after achieving substantial completion.

C. If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. If the furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of such bonds shall be added to the Bid in determining the Contract Sum.

D. If the Owner requires that bonds be secured from other than the Bidder's usual sources, changes in cost will be adjusted as provided in the Contract Documents.

10.2 TIME OF DELIVERY AND FORM OF BONDS

A. The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract. If the Work is to be commenced prior thereto in response to a letter of intent, the Bidder shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section 10.2.

B. The bonds shall be dated on or after the date of the Contract.

C. The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney.

10.3 INSURANCE REQUIREMENTS

A. The successful bidder, prior to commencing work, shall provide at his own expense, the following insurance to the Owner, evidenced by certificates of insurance. Each certificate shall require that notice be given, thirty (30) days prior to cancellation or material change in the policies, to Owner and all additional insureds. Nothing contained in this section shall be construed as limiting the extent of the vendor’s responsibility for payment of damages resulting from his operations under the contract.

B. Workers’ Compensation including Occupational Disease and Employer’s Liability Insurance.

C. Statutory – Amounts and coverage as required by Pennsylvania Workmen’s Compensation and

Occupational Disease Laws.

D. Employer’s Liability – As listed in the AIA Standard Form of Agreement Between Owner and

Contractor included in the Contract Documents.

E. Liability – The vendor shall maintain a Commercial General Liability Insurance Policy, using an occurrence form of coverage. The required coverage forms are:

Comprehensive

Premises - Operation

Contractual Insurance

Independent Contractor

The General Liability Policy shall have a minimum limit of liability as listed in the AIA Standard Form of Agreement Between Owner and Contractor included in the Contract Documents.

INSTRUCTION TO BIDDERS 002113.21 - 8

Automobile Liability coverage with minimum combined single limits as listed in the AIA Standard

Form of Agreement Between Owner and Contractor included in the Contract Documents.

The Contractor shall obtain total minimum coverage limits as listed in the AIA Standard Form of

Agreement Between Owner and Contractor included in the Contract Documents.

10.5 ADDITIONALLY INSURED

A. The vendor, prior to commencing work, shall provide at his own expense, the required insurance to the Engineer and the Owner, evidenced by certificates of insurance. All policies shall name the

Owner, its officers, agents, employees and Barry Isett & Associates, Inc. as additional insured.

This coverage shall be reflected on the Certificates of Insurance.

ARTICLE 11 - PENNSYLVANIA CONSTRUCTION CODE ACT

11.1 Construction must comply with the Act of November 10, 1999 (P.L. 491, No. 45), known as the

Pennsylvania Construction Code Act (35 P.S. Sections 7210.101 et seq.), as implemented by

Department of Labor and Industry regulations, 34 Pa. Code Chapters 401, 403, and 405. Please note that, as of December 2006, Pennsylvania's statewide building code will be referred to as the

Uniform Construction Code (UCC). The codes currently in use under the UCC are the 2015

International Codes issued by the International Code Council.

ARTICLE 12 - STEEL PRODUCTS PROCUREMENT ACT

12.1 In accordance with Act No. 3 of the 1978 General Assembly of the Commonwealth of

Pennsylvania, approved March 3, 1978, and as currently amended, if any steel products are to be used or supplied in the performance of the contract, only steel products produced in the United

States as defined therein shall be used or supplied in the performance of the contract or any subcontracts thereunder.

Bidding Documents

CONSENT OF SURETY 004515 - 1

SECTION 004515 – CONSENT OF SURETY

KNOW ALL MEN BY THESE PRESENTS, that we

, as Surety, a corporation existing under the laws of the State/Commonwealth of

, and authorized to transact business in the Commonwealth of Pennsylvania, hereby agree to execute within the time limit and in the forms and amounts specified in the Contract

Documents, the Contract Bonds as required for the faithful performance and proper fulfillment of the

Contract for

On behalf of hereinafter called the Bidder, provided that the above Contract be award to the Bidder within sixty (60) days after the date of opening of bids, or as otherwise set forth in the Instructions to Bidders and any amendments thereto; and the Surety further agrees that should the Surety, after notification of intent to make such award, refuse to execute and/or otherwise provide the required Bonds, then the Surety shall pay to the Owner of the Project, the amount of the Bid Security.

ATTEST SURETY

DATE SIGNATURE (AFFIX CORPORATE SEAL)

ATTORNEY IN FACT

SECTION 004519 – NON-COLLUSION AFFIDAVIT

State of

County of

I , being first duly sworn, deposes and says that:

(Print Name)

(1) I am of

(Title)

, the Bidder that has submitted the

(Name of Firm) attached bid;

(2) I am fully informed respecting the preparation and contents of the attached Bid and all pertinent circumstances respecting such Bid;

(3) Such Bid is genuine and is not a collusive or sham Bid;

(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantages against the Owner or any person interested in the proposed Contract; and

(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

(Signed)

Subscribed and sworn to before me

This day of , 20 .

My Commission Expires

NON-COLLUSION AFFIDAVIT 004519

SECTION 004537 – EQUAL EMPLOYMENT OPPORTUNITY AFFIDAVIT

EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES:

The Contractor and the Owner do hereby agree that the provisions of Title II of the Americans With

Disabilities Act of 1990 (the "Act") (42 U.S.C. S12101 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this Contract. In providing any aid, benefit, or service on behalf of the Owner pursuant to this Contract, the Contractor agrees that the performance shall be in strict compliance with the Act. In the event that the Contractor, it agents, servants, employees, or Subcontractors violate or are alleged to have violated the Act during the performance of this Contract, the Contractor shall defend the Owner in any action or administrative proceeding commenced pursuant to this Act. The Contractor shall indemnify, protect, and save harmless the Owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The

Contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the Owner's grievance procedure, the

Contractor agrees to abide by any decision of the Owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the Owner or if the Owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the Contractor shall satisfy and discharge the same at its own expense.

The Owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the Contractor along with full and complete particulars of the claim. If any action or administrative proceeding is brought against the Owner or any of its agents, servants, and employees, the

Owner shall expeditiously forward or have forwarded to the Contractor every demand, complaint, notice, summons, pleading, or other process received by the Owner or its representatives.

It is expressly agreed and understood that any approval by the Owner of the services provided by the Contractor pursuant to this Contract will not relieve the Contractor of the obligation to comply with the

Act and to defend, indemnify, protect, and save harmless the Owner pursuant to this Paragraph.

It is further agreed and understood that the Owner assumes no obligation to indemnify or save harmless the Contractor, its agents, servants, employees and Subcontractors for any claim which may arise out of their performance of the Agreement. Furthermore, the Contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the Contractor's obligations assumed in this Agreement, nor shall they be construed to relieve the Contractor from any liability, nor preclude the

Owner from taking any other actions available to it under any other provisions of this Agreement or otherwise at law.

AMERICANS WITH DISABILITIES ACT 004537

BID SUBMITTAL CHECKLIST 004597.21 - 1

SECTION 004597.21 – BID SUBMITTAL CHECKLIST

The following represents a list of those documents and materials which will be required in connection with the project. Certain items will be required at the time of the bid submission; failure to submit them will render the bid nonresponsive, which may result in the rejection of the bid by the Owner in accordance with Pennsylvania law; other items will be required after award of the contract but no later than time set for the contract execution. A specific review should be made of bidding documents contained in the Project Manual to ascertain what those documents are and when they are required to be submitted.

This reminder summary is to act as a courtesy to potential bidders to remind them what documents or materials need to be submitted.

Submissions required with the bid:

* Bid Form - Pricing – directly online via PennBid

* Bid Form – Questions (RFI) – directly online via PennBid

[ ] Addendum Acknowledgement (if any) – directly online via PennBid

[ ] Bid Bond – upload to PennBid as “BidderName_Bid Bond”

[ ] Contactor’s Qualification Statement – upload to PennBid as “BidderName_Quals”

[ ] Consent of Surety – upload to PennBid as “BidderName_CoS”

[ ] Non-Collusion Affidavit – upload to PennBid as “BidderName_NCA”

Once again, this reminder list is submitted to the bidders strictly as courtesy and is not to be binding on the Owner. Responsibility for ascertaining and submitting the documents needed for consideration of the bid, and at the appropriate time, falls upon each and every bidder.

Submissions required after award of the contract and on or before the contract execution:

[ ] Performance and Payment Bonds

[ ] Executed Standard Contract

[ ] Certificate of Insurance/W9

[ ] Public School Code Agreement - School District

[ ] Criminal Clearances (Criminal Record & Child Abuse & Act 24 of 2011) - School District

[ ] E-Verify

[ ] Schedule of Values

Contracting Requirements tsisock Text Box

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PUBLIC SCHOOL CODE AGREEMENT (SECTION 111) 008000.51- 1

SECTION 008000.51 – PUBLIC SCHOOL CODE AGREEMENT (SECTION 111)

1. This Agreement shall be part of the Contract between the undersigned individual or business and

Owner, dated for the sale or the provision of services as a vendor or independent contractor in the nature of the subject project.

2. The undersigned understands that for contracts entered into after January 1, 1986, vendors and independent contractors and their employees must comply with Section 111 of the Public School

Code, which required, among other things, that a criminal history record information report must be obtained for each employee who will have direct contact with school children, showing that such employees have not been convicted of certain crimes.

3. The undersigned agrees to submit a copy for Owner’s records of the State Police and FBI criminal history record information for all employees who will have direct contact with children, and further agrees to produce the original State Police and FBI criminal history record for review prior to the awarding of the Contract.

4. It is agreed that Owner has no control over the hiring, retention, screening and assignment or employees, agents or offices of the undersigned, and further that the undersigned assumes responsibility for compliance with this law. In addition, should any official or employee of Owner be subject to any claim, proceeding, lawsuit, fine, civil penalty or other legal involvement arising from the neglect or failure of the undersigned, or its officers, agents or employees to comply with said law, then the undersigned hereby agrees to indemnify and hold harmless all such persons for all losses, including costs of counsel and all expense incident thereto.

Dated: Business Name:

By:

(Proprietor, Authorized Officer, or Partner)

(CORPORATE SEAL)

(Witness or Attest)

PUBLIC SCHOOL CODE AGREEMENT (SECTION 111) 008000.51- 2

STATEMENT BY CONTRACTOR AND EMPLOYEES

1. My name and full address are as follows:

2. My Social Security Number is as follows:

3. I am ______ am not ______ a resident of the Commonwealth of Pennsylvania.

4. I have attached to this Application an original or true and correct copy of the following document, and I certify that it pertains to me:

Pennsylvania State Police Report of Criminal History Record. Dated:_______________

Statement from the Pennsylvania State Police that the State

Police Central Repository contains no such information relating to me.

Dated:_______________

Report of Federal Criminal History from the Federal Bureau of Investigation.

Dated:_______________

5. I hereby certify that, within five years immediately preceding the date of the above report, I have not been convicted of any of the following offenses:

a) An offense under one or more of the following provisions of Title 18 of the Pennsylvania

Consolidated Statues:

Chapter 25 (Relating to Criminal Homicide)

Section 2702 (Relating to Aggravated Assault)

Section 2901 (Relating to Kidnapping)

Section 2902 (Relating to Unlawful Restraint)

Section 3121 (Relating to Rape)

Section 3122 (Relating to Statutory Rape)

Section 2123 (Relating to Involuntary Deviate Sexual Intercourse)

Section 3126 (Relating to Indecent Assault)

Section 3127 (Relating to Indecent Exposure)

Section 4303 (Relating to Concealing Death of a Child Born Out of Wedlock)

Section 4304 (Relating to Endangering Welfare of Children)

Section 4305 (Relating to Dealing in Infant Children)

Section 5902 (B) (Relating to Prostitution and Related Offenses)

Section 5903 (C) or (D) (Relating to obscene or other Sexual Materials)

Section 6301 (Relating to Corruption of Minors)

Section 6312 (Relating to Sexual Abuse of Children)

b) An offense designated as a felony under the Act of April 14, 1972 (P.L. 233, No. 64), known as "The Controlled Substance, Drug, Device and Cosmetic Act".

PUBLIC SCHOOL CODE AGREEMENT (SECTION 111) 008000.51- 3

c) An out-of-state or Federal offense similar in nature to those crimes listed in (5a) and (5b).

Information submitted on or as part of this statement shall be accorded confidentially as required by applicable Regulations of the Pennsylvania Department of Education.

This statement is made subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities.

Date Signature

For office use only. Original produced:

Date

(Authorized Signature)

PENNSYLVANIA DEPARTMENT OF EDUCATION REQUIREMENTS 008013.51 - 1

SECTION 008013.51 – PENNSYLVANIA DEPARTMENT OF EDUCATION REQUIREMENTS

PART 1 - GENERAL

1.1 SUMMARY

A. Additional Requirements of the Pennsylvania Department of Education

1.2 DISCRIMINATION PROHIBITED

For each contract entered into by a government agency for the construction, alteration or repair of any public building or public work, wording about this requirement must be provided:

A. DISCRIMINATION PROHIBITED: According to 62 Pa. C.S.A. § 3701, the contractor agrees that:

1. In the hiring of employees for the performance of work under the contract or any subcontract, no contractor, subcontractor or any person acting on behalf of the contractor 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 the employment relates.

2. No contractor or subcontractor or any person on their 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 canceled or terminated by the government agency and all money due or to become due under the contract may be forfeited for a violation of the terms or conditions of that portion of the contract.

1.3 CONDITIONS OF PAYMENT OF WAGES

A. COMPETENT WORKMEN: For projects where the total estimated cost is $25,000 or less, wording about this requirement must be provided:

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 workmen and mechanics.

1. Competent Workmen: No workmen 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 no less than such rates of wages and for such hours work as shall be established and current rates of wage paid for such hours by employers of organized labor in doing similar work in the school district where work is being done.

B. PENNSYLVANIA PREVAILING WAGE RATES: Projects where the total estimated cost is greater than $25,000, paid for in whole or in part out of funds of a public body, except for maintenance work or work performed under a rehabilitation program or manpower training

PENNSYLVANIA DEPARTMENT OF EDUCATION REQUIREMENTS 008013.51 - 2

program must specify "Prevailing Wages." Further information on implementation of the act, definition of maintenance work and prevailing wage rates may be requested from the

Pennsylvania Department of Labor and Industry at (800) 932-0665 or (717) 705-5969). When applicable, use Davis-Bacon wage rates for federally assisted projects.

Recommended procedure is to include the applicable published wage rates for the project within the body of the specification, if possible, or at least issue the rates accompanying the specifications, or by addendum.

The conditions, provisions and requirements of the Pennsylvania Prevailing Wage Act, by proper references, shall be specified for compliance. The following brief reference may be used for minor project specifications:

1. Pennsylvania Prevailing Wage Rates: This regulation and the general Pennsylvania prevailing minimum wage rates, (Act 442 of 1961, P.L. 987, amended), as determined by the Secretary of Labor and Industry, which shall be paid for each craft or classification of all workers needed to perform the contract during the anticipated term therefore in the locality in which public work is performed, are made part of this specification.

1.4 COMPLIANCE WITH STEEL PRODUCTS PROCUREMENT ACT

For projects where steel or steel products are specified, wording about this requirement must be provided:

A. PROVISION FOR THE USE OF STEEL AND STEEL PRODUCTS MADE IN THE U.S.: In accordance with Act 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.

In accordance with Act 161 of 1982, cast iron products shall also be included and produced in the United States. Act 144 of 1984 further defines “steel products” to include machinery and equipment. The act also provides clarifications and penalties.

1.5 PROHIBITION ON CASH ALLOWANCES

Any reference that implies the presence of cash allowances must be deleted.

Cash allowances are prohibited.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 008013.51

CRIMINAL HISTORY BACKGROUND CHECK 008016.51 - 1

SECTION 008016.51 – CRIMINAL HISTORY BACKGROUND CHECK

This section shall apply to all prospective Contractors Proposing to work for public and private schools, intermediate units and area vocational-technical schools, including, but not limited to, contractors and their employees.

All contractors shall have background checks completed for all employees and all sub-contractor’s employees working on the project, who in the course of their work will be required to enter any school district facility or enter the school district’s property. Background checks shall be in accordance with Act

34 of 1985, Section 111 of the Pennsylvania School Code of 1929, as amended, and Act 151 of 1994 and

Act 114 of 2006 Federal Criminal History Report. These clearances are commonly known as criminal record check (Act 34) and a child abuse clearance (Act 151).

Background checks shall be no more than one year old.

APPLICABLE REGULATION AND LAW

Act 114 of 2006, 24 PS 1-111 as amended, Act 34 Report of 1985 BACKGROUND CLEARANCE REQUIREMENTS

24 PS 1-111 as amended (Act 61 of 2008, Act 114 of 2006, Act 70 of 2004, Act 48 of 2003, Act 153 of 2002, Act 30 of 1997 and Act 211 of 1990) 22 Pa Code, Chapter 8

PROCEDURE

Contractor shall follow the guidelines and directions of the Pennsylvania Department of Education (PDE) https://www.education.pa.gov/Teachers%20-20Administrators/Background%20checks/Pages/default.aspx

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date _______________________

Business or Organization Name (Employer)_________________________________________________

Address _____________________________________________________________________________

City _____________________________________ State_____________ Zip Code ________________

Contractor {dzōŎƻƴǘNJŀŎǘƻNJ όŎƘŜŎƪ ƻƴŜύ

Contracting Public Body _______________________________________________________________

Contract/Project No ___________________________________________________________________

Project Description ____________________________________________________________________

Project Location ______________________________________________________________________

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act

(‘the Act’) through utilization of the federal E‐Verify Program (EVP) operated by the United States

Department of Homeland Security. To the best of my/our knowledge, all employees hired post

January 1, 2013 are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I, _________________________, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature

06 62 00 E-verify Act and Form

On July 5, 2012, Gov. Corbett signed into law the Public Works Employment Verification Act (S.B. 637) which takes effect January 1, 2013.

The Act requires all public works contractors and subcontractors in Pennsylvania to use E-Verify to verify the employment eligibility of new employees and applies to projects with an estimated cost in excess of $25,000 that are funded by the Commonwealth, or its political subdivisions, authorities, or agencies. E-Verify is an internet-based system that compares information from an employee’s Form I-9, Employment Eligibility Verification, to data from the U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility.

(5) "Public work" means construction, reconstruction, demolition, alteration and/or repair work other than maintenance work, done under contract and paid for in whole or in part out of the funds of a public body where the estimated cost of the total project is in excess of twenty-five thousand dollars ($25,000), but shall not include work performed under a rehabilitation or manpower training program.

Under the Act, a contractor must submit a verification form signed under penalty of perjury and acknowledging its compliance with the Act as a precondition of being awarded a public works contract. Subcontractors must submit the form prior to commencing work on the public works project. In addition, contractors must include in their subcontracts information about the requirements of the Act. The Department of General Services (DGS) will create the verification form and is also charged with enforcement of the Act through complaint-based as well as random audits.

A contractor or subcontractor violates the Act by failing either to use E-Verify or to provide the verification form. Sanctions for failure to use E-Verify range from a warning letter (to be posted on the DGS website) for a first violation to a one year debarment for a third and subsequent violation. A willful violation of the Act will result in a 3-year debarment. Civil penalties for failure to use the form or for false statements on the form range from $250 to $1,000 for each violation.

The Act provides significant protection for whistleblowers. If an employee of a contractor or subcontractor is retaliated against for instigating or cooperating in an investigation, the employee can bring suit (which must be brought within 180 days from the date the employee knew of the retaliation) to obtain reinstatement of employment and to collect three times lost wages, along with an award of attorney’s fees and costs.

A contractor or subcontractor who relies in good faith on E-Verify has immunity from sanctions and shall have no liability to any individual who is not hired or is discharged from employment.

Good faith is shown by a federal agency’s written acknowledgment of the use of E-Verify.

Contractors are not liable for violations by subcontractors.

Information on E-Verify can be found:

http://www.uscis.gov/portal/site/uscis and searching for e-verify.

PA DGS regulations can be found:

http://www.pabulletin.com/secure/data/vol42/42-52/2525.html An electronic version of the verification form can be found at:

http://www.dgs.state.pa.us/portal/server.pt/community/construction_and_public_works/1235/pub lic_works_employment_verification/1357211

Mechanicsburg Area School District Elmwood Academy Lower Level HVAC Project #1011522.002 http://www.legis.state.pa.us/cfdocs/legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2011&sessInd=0&billBody=S&billTyp=B&billNbr=0637&pn=2347 http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=75bce2e261405110VgnVCM1000004718190aRCRD&vgnextchannel=75bce2e261405110VgnVCM1000004718190aRCRD&gclid=CLKy7PD5lrECFcXe4Aodnm_Yew http://www.uscis.gov/portal/site/uscis http://www.pabulletin.com/secure/data/vol42/42-52/2525.html http://www.dgs.state.pa.us/portal/server.pt/community/construction_and_public_works/1235/public_works_employment_verification/1357211 http://www.dgs.state.pa.us/portal/server.pt/community/construction_and_public_works/1235/public_works_employment_verification/1357211 tsisock Rectangle cnewton

PA E-Verify Form 009200-1

Division 01 General Requirements

SUMMA…