#2138168v1

Project Manual

Volume 1 – Divisions 00 – 01 & 23

Owner:

West Chester Area School District 782 Springdale Drive Exton, PA 19341

Project:

26-G204 Fugett Middle School Classroom Ventilator Replacement 500 Ellis Lane West Chester, PA 19380

Bid Documents: July 9, 2026

Fugett Middle School

Classroom Ventilator Replacement

#2138168v1 Table of Contents

Project Manual Volume 1 – Divisions 00 – 01 & 23

DRAWING INDEX

DIVISION 00 – BIDDING AND CONTRACT REQUIREMENTS

Section 00 1113 Advertisement for Bids Section 00 2113 Instructions to Bidders Section 00 4100.01 Bid Form Section 00 4313 Bid Security Form Section 00 4513 Bidder's Qualifications Section 00 4519 Non-Collusion Affidavit Section 00 5200 Agreement Form Section 00 6113.13 Performance Bond Form Section 00 6113.16 Payment Bond Form Section 00 7200 General Conditions Includes Document A201 Attached Section 00 7346 PA Wage Rate Determination Schedule

DIVISION 01 – GENERAL REQUIREMENTS

Section 01 1100 Summary of Work

Division 23 – HEATING, VENTILATION AND AIR CONDITIONING Section 23 0719 - HVAC Piping Insulation Section 23 2113 - Hydronic Piping Section 23 8219 - Fan Coil Unit - Vertical Classic Models

Classroom UV Replacement

#2138168v1 Drawing Index

DRAWING INDEX

D-100 Demo room 112

D-200 Demo room 212

D-300 Demo room 312

M-100 New work room 112

M-200 New work room 212

M-300 New work room 312

M 4.5 100 LEVEL FLOOR PLAN

M 4.8 200 LEVEL FLOOR PLAN

M 4.9 300 LEVEL FLOOR PLAN

E 4.2 100 LEVEL FLOOR PLAN

E 4.3 200 LEVEL FLOOR PLAN

E 4.4 300 LEVEL FLOOR PLAN

E 5.2 100 LEVEL FLOOR PLAN

E 5.3 200 LEVEL FLOOR PLAN

E 5.4 300 LEVEL FLOOR PLAN

Classroom UV Replacement

#2138168v1 Advertisement for Bid

Section 00 1113 - Page 1

DIVISION 00 – BIDDING AND CONTRACT REQUIREMENTS

Section 00 1113 Advertisement for Bids

NOTICE TO BIDDERS

The West Chester Area School District, Chester County, Pennsylvania, solicits sealed bids for the Fugett Middle School in West Chester, PA for the following contracts:

Project No. 26-G204 Fugett Middle School Classroom Ventilator Replacement

Sealed bids for West Chester Area School District, Fugett Middle School – Classroom Ventilator Replacement Project within the West Chester Area School District, Chester County, Pennsylvania, will be received online via the PennBid Program web site (https://pennbid.bonfirehub.com/projects) by West Chester School District until 11:00 AM prevailing time on Friday, July 31, 2026, at which time they will be publicly opened via PennBid and read aloud at the Facilities and Operations Center Building, 1181 McDermott Dr, West Chester, PA 19380.

All bids must be accompanied by a Non-Collusion Affidavit and a Contractor’s Qualification Statement. Bids must remain valid for sixty (60) days after the date of the bid opening and may be rejected at any time prior to the expiration of said date.

Bids must include a certified check or bid bond, with a corporate surety authorized to do business in Pennsylvania in the amount of ten percent (10%) of the amount of the bid, as posted through PennBid, made payable to the West Chester Area School District. Checks or bonds will be returned to unsuccessful bidders after the contract has been awarded, or the bids rejected. The successful bidder’s check or bond will be returned when his contract has been properly completed. In case the successful bidder fails to enter into a contract within ten (10) days after notification of acceptance of bid, said check or bond shall be forfeited to the School District.

The successful bidder will be required to furnish Performance and Payment Bonds in amounts equal to 100% of the contract price and shall be included in the contractor’s bid amount. Surety shall be satisfactory to the School District.

All Bidding documents are available online at no cost at PennBid (https://pennbid.bonfirehub.com/projects) and will become available starting July 9, 2026, after 5:00 PM via PennBid.

There will be a mandatory pre-bid meeting held on Monday, July 20, 2026, at 9:00 AM at Fugett Middle School, 500 Ellis Lane, West Chester, PA 19380. Potential bidders shall meet at the main entrance of the middle school. The meeting will start promptly at 9am. Attendees must be present at the start of the meeting.

All questions will be received through the PennBid solicitation until Monday, July 27, 2026, at

1:00 PM.

This project is subject to prevailing wage.

The School Board reserves the right to accept or reject any or all Bids for any or no reason, to waive informalities and irregularities, and to make or not make awards in the best interest of the West Chester Area School District.

Ms. Karen Avagliano Board Secretary

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#2138168v1 Advertisement for Bid

Section 00 1113 - Page 2

End of Section 00 1113 Advertisement for Bids

Classroom Ventilator Replacement

#2138168v1 Instructions to Bidders

Section 00 2113 - Page 1

Section 00 2113 Instructions to Bidders

1. PROPOSALS ARE TO BE RETURNED TO:

Sealed bids for West Chester Area School District, Fugett Middle School – Classroom Ventilator Replacement Project within the West Chester Area School District, Chester County, Pennsylvania, will be received online via the PennBid Program web site (https://pennbid.bonfirehub.com/projects) by West Chester School District until 11:00 AM prevailing time on Friday, July 31, 2026, at which time they will be publicly opened via PennBid and read aloud at the Facilities and Operations Center Building, 1181 McDermott Dr, West Chester, PA 19380.The district will award the bid at a public meeting, the time, date and place of which shall be communicated to bidders.

The contractor bidding the solicitation agrees to PennBid’s Terms and Conditions and understands unless awarded a contract under this submission there are no fees. The contractor is responsible for reviewing, understanding and agreeing to PennBid’s fee structure. By submitting a bid, the contractor also agrees to pay any and all fees assessed by PennBid if they are awarded this project. The Contractor acknowledges acceptance of the PennBid agreement as part of their registration and use of the Program.

2. PROPOSAL PRICE GUARANTEE – Sixty (60) Days The successful bidder shall agree to guarantee the proposal price(s) for a period of sixty

(60) days from the date of bid opening. Successful bidder may extend the bid price guarantee by written agreement to the District.

3. PROPOSAL FORM

By submitting a bid, the bidder covenants that he has carefully examined the contract documents, addenda, if any, and the site; and that from his investigation, he has satisfied himself as to the nature and location of the work, the general and local conditions and all matters which may in any way affect the work or its performance, and that as a result of such examination, he fully understands the intent and purpose thereof, his obligations thereunder, and that he will not make any claim for, or have any right to damages, because of the lack of any information.

Each proposer submitting a proposal for a service contract shall include in his proposal price all labor, materials, equipment, services, and other requirements necessary, or incidental to, the completion of the work.

Proposers are to submit one price per item. The District will not accept multiple prices on an individual basis, nor will the District accept a “bottom line” or “all or none” price subject to the proposer receiving the entire contract.

4. Each Bidder shall furnish along with the Bid Form a statement from Surety certifying that Surety Company shall provide the Bidder with Performance Bond and Payment Bond, in the full amount (100%) of the awarded contract amount, should the Bidder be awarded the Work. The Agreement of Surety shall be dated, signed, and sealed by an authorized officer of the company. Surety shall be licensed to transact business in the Commonwealth of Pennsylvania and appear on the U.S. Treasury Department’s most current list of authorized companies (Circular 570).

Classroom Ventilator Replacement

#2138168v1 Instructions to Bidders

Section 00 2113 - Page 2

5. The School Board reserves the right to accept or reject any or all Bids for any or no reason, to waive informalities and irregularities, and to make or not make awards in the best interest of the West Chester Area School District. It is the intent of the School Board to award the contract to the lowest responsible bidder. In the event of inconsistencies in numbers entered by a bidder in PennBid and the copy of the Bid Form uploaded to PennBid, the copy of the Bid Form uploaded to PennBid shall control.

6. This project is subject to prevailing wage.

7. Bids must include a certified check or bid bond, with a corporate surety authorized to do business in Pennsylvania in the amount of ten percent (10) of the amount of the bid, as posted through PennBid, made payable to the West Chester Area School District.

Checks or bonds will be returned to unsuccessful bidders after the contract has been awarded, or the bids rejected. The successful bidder’s check or bond will be returned when his contract has been properly completed. In case the successful bidder fails to enter into contract within ten (10) days after notification of acceptance of bid, said check or bond shall be forfeited to the School District.

8. BIDDER’S QUALIFICATIONS

Bidders are required to meet the following minimum requirements in order to bid this Project:

A. Bidder must have a minimum of three (3) years’ experience in similar public-school construction and/or renovation.

B. Bidder shall not have any school project within the last 3 years that was completed more than three months beyond the contract required substantial completion date or remains incomplete more than three months beyond the contract required substantial completion date.

C. Bidder must have completed a project of at least 75% of the value bid for this project.

D. Bidder must provide a list of at least three projects of similar size in scope with the specified manufacturer’s product.

E. Bidder must not have been terminated from a previous project for any reason.

End of Section 00 2133

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#2138168v1 Bid Form

Section 00 4100.01 - Page 1

Section 00 4100.01 Bid Form Proposal No. 26-G204 Fugett Middle School Classroom Ventilator Replacement

Submitted By:

Bidder's Name Company’s Name

Company’s Address City State Zip

Email Address

Bidder's Phone No. Bidder's Fax No.

This proposal is submitted in response to your Invitation to Bid in which Proposals were requested to be submitted for the Project identified as:

Chester County, Pennsylvania

BASE BID

Having carefully examined the Contract Documents together with all addenda thereto, all as prepared by The West Chester Area School District and being familiar with the various conditions affecting the Work, the undersigned herein agrees to furnish all materials, perform all labor, and do all else necessary to complete the Work in accordance with the Contract Documents for the Base Bid.

Base Bid:

Base Bid #1 – Remove existing ceiling mounted ventilator units in classroom 112 and replace with new wall mounted fan coil units

_____________________________________________________________________Dollars

(Base Bid Area #1 in Words)

Base Bid #2 –Remove existing ceiling mounted ventilator units in classroom 212 and replace with new wall mounted fan coil units

_____________________________________________________________________Dollars

(Base Bid Area #2 in Words)

Classroom Ventilator Replacement

#2138168v1 Bid Form

Section 00 4100.01 - Page 2

Base Bid #3 – Remove existing ceiling mounted ventilator units in classroom 312 and replace with new wall mounted fan coil units

_____________________________________________________________________Dollars

(Base Bid Area #3 in Words)

TOTAL LUMP SUM FOR THE BASE BID ($__________________________)

_____________________________________________________________________Dollars

(Base Bid in Words)

Accompanying this proposal is the bid security in the form of in the amount of ($_______________________________)

______________________________________________________________________Dollars.

(Security Amount in Words)

UNIT PRICES:

The Instructions to Bidders and the Contract Documents comprising the plans and specifications, and all documents bound therewith, together with all Addenda thereto, shall apply to all Unit Prices as listed in Division 1 Section 12 400, and as listed below:

The Owner reserves the right to accept or reject any and/or all Unit Prices stipulated on the Bid Form.

None

ALTERNATES:

Alternate Bid #1 – Exclude BAS controls for fan coil units in room 112

_____________________________________________________________________Dollars

(Alternate Bid #1 in Words)

Alternate Bid #2 – Exclude BAS controls for fan coil units in room 212

_____________________________________________________________________Dollars

(Alternate Bid #2 in Words)

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#2138168v1 Bid Form

Section 00 4100.01 - Page 3

Alternate Bid #3 – Exclude BAS controls for fan coil units in room 312

_____________________________________________________________________Dollars

(Alternate Bid #3 in Words)

The undersigned proposes to complete the Work covered by this proposal in such time and such manner and in cooperation with all others engaged on the Project, so that all Work will be fully completed by the date stated in Article 9 of the Supplementary Instructions to Bidders.

PERFORMANCE OF WORK BY CONTRACTOR

The undersigned bidder agrees that if awarded this Contract; the Contractor’s own work force shall perform at least ten percent (10%) of the construction work of this Contract.

THE BID FORM AND THE FOLLOWING ATTACHMENTS SHALL BE SUBMITTED VIA

PENNBID: Failure to include these items may result in the Bid being declared unresponsive.

1. One (1) Non-Collusion Affidavit

2. One (1) Bid Bond

3. One (1) Agreement of Surety guaranteeing issuance of Performance & Payment Bonds

4. One (1) Contractor’s Qualification Statement

5. One (1) Release

6. One (1) Major Subcontractor’s Identification (See Below)

MAJOR SUBCONTRACTORS

The undersigned submits this Proposal with the disclosure that the Bid furnished is based upon using the following Major Subcontractors. Bidder shall identify any subcontractor performing more than 25% of the contract amount for his Bid. Failure to identify a subcontractor performing more than 25% of the contract amount will be sufficient reason to declare a bid unresponsive and the bid may be treated as such.

Subcontractor A:

Company Name: ____________________________________________________

Company Address: ___________________________________________________

Subcontractor B:

Subcontractor C:

Classroom Ventilator Replacement

#2138168v1 Bid Form

Section 00 4100.01 - Page 4

ADDENDA

The undersigned hereby acknowledges receipt of, and has included in this Proposal the Work covered by the following Addenda:

Addendum No.\ Dated Addendum No.\ Dated

In submitting this Proposal, it is understood that the unrestricted right is reserved by the Owner to reject any and all proposals, or parts thereof, or to waive any informalities or technicalities in said proposals, and it is agreed that this proposal may not be withdrawn for a period of 60 days, or as provided by Pennsylvania law, from the opening thereof, except as permitted by law.

Should the Owner notify the undersigned of its intention to award a Contract to the undersigned based upon this Proposal the undersigned will furnish properly executed bonds and insurance certificates and will execute the proposed contract within the time and in the forms and amounts required by the Contract Documents, as defined in the AIA Document A201-2017 General Conditions of the Contract for Construction, and that upon his failure, neglect or refusal to do so, he shall forfeit to the Owner, this security accompanying this Proposal, not as a penalty, but as liquidated damages.

In submitting this proposal, it is understood the Contract Documents for this project, and the joint and several phases of construction hereby contemplated are to be governed, at all times, by applicable provisions of state and federal laws, including but not limited to, the latest amendments of the following:

• Williams-Steiger Occupational Safety & Health Act of 1970, Public Law 91-596.

• Part 1910 - Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of

Federal Regulations.

• Part 1518 - Safety and Health Regulations for Construction, Chapter XIII of Title 29, Code of

Federal Regulations.

• Regulatory Requirements - Those statutes, laws, and regulations identified in Section

014100 - Regulatory Requirements

The undersigned submits this Proposal with the understanding that he has carefully reviewed all items noted in the Instructions to Bidders and inspected the site prior to Submission of this Bid.

Contractor’s Qualification Statement, Non-Collusion Affidavit, Agreement of Surety, Release, and Major Subcontractor’s Identification shall be submitted prior to submission of Bid or included with the Bid.

The undersigned hereby certifies that this proposal is genuine, and not sham or collusive, or made in the interest of or in behalf of any person, firm or corporation not herein named; that the undersigned has not directly or indirectly induced or solicited any bidder to refrain from bidding and that the undersigned has not, in any manner, sought by collusion to secure for himself an advantage over any other bidder

In witness whereof, the undersigned has caused this Proposal to be executed this ___________________________day of_________________________________,202____.

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#2138168v1 Bid Form

Section 00 4100.01 - Page 5

INDIVIDUAL

_____________________________________(SEAL)

WITNESS:

PARTNERSHIP

(Name of Partnership)

WITNESS:

__________________________BY_________________________________________(SEAL)

Partner

___________________________BY_________________________________________(SEAL)

Partner

___________________________BY_________________________________________(SEAL)

Partner

___________________________BY_________________________________________(SEAL)

Partner

___________________________BY_________________________________________(SEAL)

Partner

CORPORATION

(Name of Corporation)

BY_________________________________________(SEAL)

(Vice) President

Attest

__________________________________________(SEAL)

(Ass't) Secretary

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#2138168v1 Bid Form

Section 00 4100.01 - Page 6

Address

The Corporation has been organized and is existing under the laws of the State of___________________________________________

End of Section 00 4100.01 Bid Form

Classroom Ventilator Replacement

#2138168v1 Bid Security Form

Section 00 4313 - Page 1

Section 00 4313 Bid Security Form

KNOW ALL MEN BY THESE PRESENTS that we

, a (Insert full and correct legal name of bidder.)

of (As appropriate, insert: "Individual trading as", "Partnership known as", or "Corporation organized and existing under the laws of the State of .")

(Insert complete address)

(the "Principal"), and a corporation organized and existing under the laws of the State of

(the "Surety"), are held and firmly bound unto the West Chester Area School District as obligee (the "Obligee"), in the full and just sum of

Dollars lawful money of the United States of America, for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WITNESSETH:

WHEREAS, the Principal is herewith submitting to the Obligee a certain bid or proposal, attached hereto, dated as of

, 20 (the "Proposal"), to perform (insert contract type) Construction work for the Obligee, in connection with the

Classroom Ventilator Replacement

#2138168v1 Bid Security Form

Section 00 4313 - Page 2 construction of

Fugett Middle School Classroom Ventilator Replacement pursuant to plans, specifications and other related documents, which are incorporated into the Proposal by reference (the "Contract Documents"), as prepared by the West Chester Area School District.

NOW THEREFORE, the terms and conditions of this Bond are and shall be that:

If the Proposal is rejected or, in the alternative;

If the Obligee shall give notice to the Principal of intent to award the Contract for said construction in the form and manner provided for in the Contract Documents, receive from the Principal the Payment and Performance Bonds required by the Contract Documents; and

If the Obligee shall award said Contract to the Principal and the Principal shall, within the time and in the form and manner provided for in the Contract Documents, properly execute and deliver to the Obligee the required Contract Documents, THEN, this Bond shall be void;

OTHERWISE this Bond shall be and shall remain in full force and effect.

The Surety for value received hereby stipulates and agrees that the obligations of said Surety and of this Bond shall in no way be impaired or affected by any extensions agreed to by the Principal of the time within which the Obligee may accept the Proposal and the Surety hereby waives all right to receive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have caused this Bond to be signed, sealed and delivered as of the day of , 20 .*

*Bid Bond should be dated same as the date of the related proposal.

EXECUTION by INDIVIDUAL (Principal):

Type or Print Name:

Witness: Trading As

Sign: (SEAL)

EXECUTION of PARTNERSHIP:

Classroom Ventilator Replacement

#2138168v1 Bid Security Form

Section 00 4313 - Page 3

Type or Print Partnership Name:

Witness:

BY: (SEAL)

Partner

(Typed Name/Title)

EXECUTION by CORPORATION:

Type or Print Corporate Name:

CORPORATE SEAL

Attest: By:

(Vice)President

(Typed Name)

Classroom Ventilator Replacement

#2138168v1 Bid Security Form

Section 00 4313 - Page 4

(Assistant) Secretary

EXECUTION by SURETY:

Type or Print Surety Name:

Witness:

BY: Attorney-in-fact

CORPORATE SEAL

Appropriate power-of-attorney, dated date of Bond, evidencing authority of Attorney-in-fact to act for Surety must be attached.

Include separate information sheet indicating agent name, physical address, phone and facsimile number.

THE SURETY EXECUTING THIS BOND MUST BE LEGALLY AUTHORIZED TO DO

BUSINESS IN THE COMMONWEALTH OF PENNSYLVANIA.

End of Section 00 4313 Bid Security Form

Classroom Ventilator Replacement

#2138168v1 Bidder's Qualifications

Section 00 4513 - Page 1

Section 00 4513 Bidder's Qualifications

Provision of the information required by the Bidder’s Proof of Competency Section is required.

The bidder is advised that failure to complete or misstating of items required by this section may be sufficient basis for disqualification of bidder and rejection of his bid. The Owner will investigate the low bidder’s information for full disclosure before a contract is awarded.

Bidders are required to provide references, as follows, as well as execution of a Statement of Release of Liability of respondents to inquiries concerning the bidder from the School District or its representative.

A bidder’s failure in the past to have timely completed the work of a project within the contract time may subject the bidder to disqualification and rejection of his bid. Bidders may not have any school project within the last three (3) years that was completed or remains incomplete more than three (3) months beyond contract required substantial completion date.

A bidder’s failure in the past to have satisfactorily completed the work of a project in accordance with the construction contract documents may subject the bidder to disqualification and rejection of his bid.

A bidder who was awarded a construction contract which was terminated by the property owner for cause may be subject to disqualification and rejection of his bid.

A bidder who was awarded a construction contract and whose contract with the property owner was terminated by default of the bidder may be subject to disqualification and rejection of his bid.

A bidder on whose Performance Bond, provided for the benefit of the property owner, a claim was made and paid or otherwise adjusted by Surety may be subject to disqualification and rejection of his bid.

A bidder who has not prior, satisfactory experience completing at least three (3) school construction projects in which they provided similar work may be subject to disqualification and rejection of his bid.

Where a bidder has been involved on a construction project on which a significant delay of 3 months or greater has existed between the contract date for substantial completion and the issuance of a Certificate of Substantial Completion for the bidder’s work, the bidder may be subject to disqualification and rejection of his bid.

A bidder who has otherwise failed to fully comply with federal, state, or local statutes, ordinances, or regulations applicable to a Pennsylvania public school district construction project may be subject to disqualification and rejection of his bid.

A bidder who has filed for bankruptcy, or who has been involuntarily placed into bankruptcy by his creditors shall be subject to disqualification and rejection of his bid. This provision shall encompass predecessor corporation, partnerships, individuals or other entities and reach of the principals involved in the bidding corporation, partnership or other entity.

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#2138168v1 Bidder's Qualifications

Section 00 4513 - Page 2

A bidder who has been convicted by any state or federal court of a crime relating to his prosecution of a public works project in any jurisdiction within the United States, may be subject to disqualification and rejection of his bid. This provision shall apply to the entity submitting the bid as well as each of the principals involved in the bidding corporation, partnership or other entity.

A bidder who has a significant history of insurance claims paid shall be subject to disqualification and rejection of his bid.

Bidders Responsibility: (AIA Document A305 Format Acceptable, provided that all of the following information must be included therein)

It is each bidder’s responsibility to demonstrate his competency. Accordingly, as part of his bid, each bidder shall furnish to the Owner the following information and materials:

Three (3) project owner references, including names, addresses, telephone numbers and contact persons.

Six (6) project architect references, including their names, addresses, telephone numbers and contact persons.

A current audited financial statement (not a review statement) provided, however, that the Owner will respect a bidders’ request that the audited financial statement need not be provided until, if ever, it is determined that the bidder is one of the three (3) apparent lowest responsible bidders, and will maintain the confidentiality of such information to the extent permitted by law.

A listing of work in progress or under contract stating the following:

amount of original contract amount of change orders to date required substantial completion date estimated date of substantial completion percentage or work completed name, address, telephone number and contact person of the engineer and owner

A listing of all public-school work completed or in progress during the last three (3) years stating the following:

amount of original contract amount of change orders and percentage to total bid required substantial completion date estimated date of substantial completion date of final payment or percentage of work completed name, address, telephone number and contact person of the engineer and school district’s superintendent

A statement of whether the bidder, whether as a principal or officer of any predecessor or current entity has defaulted or failed to complete a construction project within the previous six

(6) calendar years, and, if so, including information as to:

the project the project owner the architect and construction manager the circumstances of default

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#2138168v1 Bidder's Qualifications

Section 00 4513 - Page 3 a listing of all claims made against bonds issued for the bidders performance, labor and material payment, or maintenance within the past six (6) years, identifying:

the project and project owner the surety the claimant

A listing of all claims made against the bidder’s general liability insurance policies, and paid by bidder’s insurance carriers resulting out of construction projects on which the bidder was awarded a contract within the past six (6) years, identifying:

the project and project owner the type of insurance the claimant

A listing of all arbitration proceedings or court proceedings completed or in progress during the last six (6) years involving the bidder’s performance of any construction contract or warranty, identifying:

the parties to such arbitration or litigation the arbitrator, court or forum of dispute the case number or docket number of such dispute

A listing of the names, titles, and experience of officers, other principals or key individuals in bidder’s organization.

A listing of previous projects of similar size, scope and manufacturer’s product to this project.

By submission of any Bid, the bidder agrees that in the event its bid is rejected by the Owner for any reason and such rejection is contested by the bidder through the commencement of legal proceeding, whether in law or equity, the Owner shall be entitled to an award of reasonable attorneys' fees and costs if the Owner’s rejection of the bid is upheld, affirmed, or otherwise not set aside.

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#2138168v1 Bidder's Qualifications

Section 00 4513 - Page 4

RELEASE

The following statement must be signed and dated by the bidder as part of his bid; failure to do so will result in the disqualification of the bidder’s bid as incomplete.

THIS IS TO AUTHORIZE THE PERSONS AND REFERENCES IDENTIFIED HEREIN, AS

WELL AS ANY OTHER REPRESENTATIVES OF BUSINESSES, AGENCIES, SCHOOL

DISTRICTS WITH PROJECTS WITH WHICH I OR MY COMPANY HAS BEEN INVOLVED, TO

SPEAK FREELY AND WITHOUT HESITATION TO REPRESENTATIVES OF THE WEST

CHESTER AREA SCHOOL DISTRICT, INCLUDING ITS ARCHITECT, BOARD OF SCHOOL

DIRECTORS, ATTORNEY, AND DIRECTOR OF OPERATIONS AND OPERATIONS AND

CONSTRUCTION MANAGEMENT PERSONNEL RELATIVE TO ANY OF THE ABOVE

MATTERS OR ANY OTHER SUCH PROJECTS, HEREBY RELEASING ALL PERSONS,

FIRMS AND CORPORATIONS WHETHER NAMED HEREIN OR NOT, FROM LIABILITY OR

FROM ANY ACTION, SUIT, CLAIM OR DEMAND ARISING OUT OF THE RELEASE OF SUCH

INFORMATION.

BY _________________________________________________

TITLE _______________________________________________

DATE _______________________________________________

ADDRESS ___________________________________________

End of Section 00 4513 Bidder's Qualification

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#2138168v1 Non-Collusion Affidavit

Section 00 4519 - Page 1

Section 00 4519 Non-Collusion Affidavit

PART 1 GENERAL

1.01 SECTION INCLUDES

A. Non-collusion Affidavit

1.02 INSTRUCTIONS

A. The following Non-Collusion Affidavit is material to any contract awarded pursuant to this Bid. According to the Pennsylvania Antibid-Rigging Act, 62 Pa.C.S.A. § 4501 et.

seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with bids.

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

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

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

E. The term “Complementary Bid” as used in the Affidavit has the meaning commonly associated with that term in the bidding process and includes the knowing submission of bids higher than the bid of another firm, any intentionally higher or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.

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

PART 2 PRODUCTS

(Not Used.)

PART 3 EXECUTION

3.01 SUBMISSION

A. Complete and submit the following pages with your bid.

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#2138168v1 Non-Collusion Affidavit

Section 00 4519 - Page 2

NON-COLLUSION AFFIDAVIT

STATE OF_______________________ COUNTY OF_____________________

I state that I am ______________________________, of_____________________________ (Name and Title) (Name of firm), located at _________________________, in the city/town of __________________________, County of___________________________, and State of_____________________________, and that I am authorized to make this Affidavit on behalf of my firm, and its Owners, Directors, and Officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

1. The price(s) and amount of this Bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder, or potential bidder

2. Neither the price(s) nor the amount of this Bid, and neither the approximate price(s) nor approximate amount of this Bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before the Bid opening.

3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

4. The bid of my firm is made in good faith and not pursuant to any agreement of discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

5. ___________________________________________________, its affiliates, (Name of firm) subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal Law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

Classroom Ventilator Replacement

#2138168v1 Non-Collusion Affidavit

Section 00 4519 - Page 3

I state that______________________________________________________understands (Name of firm) and acknowledges that the above representations are material and important, and will be relied on by WEST CHESTER AREA SCHOOL DISTRICT in awarding the contract(s) for which this bid is submitted.

I understand and my firm understands that any misstatement in this Affidavit is and shall be treated as fraudulent concealment from the WEST CHESTER AREA SCHOOL DISTRICT of the true facts relating to the submission of bids for this contract

NAME OF FIRM___________________________________

By: __________________________________________ Authorized Representative Title _______________________________ Subscribed and sworn to before me this day of_ __, 20_ _

NOTARY PUBLIC

My commission expires 20 _ .

End of Section 00 4519 Non-Collusion Affidavit

Classroom Ventilator Replacement

#2138168v1 Agreement Form

Section 00 5200 - Page 1

Section 00 5200 Agreement Form

GENERAL

FORM OF AGREEMENT

THE AGREEMENT TO BE EXECUTED IS ATTACHED

FOLLOWING THIS DOCUMENT.

RELATED REQUIREMENTS

Section 00 7200 - General Conditions.

PRODUCTS (NOT USED)

EXECUTION (NOT USED)

Document A101® – 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:49:36 EDT on 10/20/2025 under Subscription No.20250123316 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (640e2aedf442e4498d0967f6)

ADDITIONS AND DELETIONS:

The author of this document may have revised the text of the original AIA standard form. An Additions and Deletions Report that notes revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

The parties should complete A101®–2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201®–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

AGREEMENT made as of the day of in the year (In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information)

West Chester Area School District 782 Springdale Drive Exton, PA 19341 Phone: 484-266-1000 Fax: 484-266-1299 and the Contractor:

(Name, legal status, address and other information) for the following Project:

(Name, location and detailed description)

Fugett Middle School Classroom Ventilator Replacement 500 Ellis Lane West Chester, PA 19380 The Architect:

(Name, legal status, address and other information)

None

The Owner and Contractor agree as follows.

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:49:36 EDT on 10/20/2025 under Subscription No.20250123316 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

EXHIBIT A INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral.

An enumeration of the Contract Documents, other than a Modification, appears in Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACT

The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 3.1 The date of commencement of the Work shall be:

(Check one of the following boxes.)

[ ] The date of this Agreement.

[ ] A date set forth in a notice to proceed issued by the Owner.

[ X ] Established as follows:

(Insert a date or a means to determine the date of commencement of the Work.)

June 15, 2026

If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement.

§ 3.2 The Contract Time shall be measured from the date of commencement of the Work.

§ 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work:

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:49:36 EDT on 10/20/2025 under Subscription No.20250123316 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

(Check one of the following boxes and complete the necessary information.)

[ ] Not later than ( ) calendar days from the date of commencement of the Work.

[ X ] By the following date: August 14, 2026

§ 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates:

Portion of Work Substantial Completion Date

§ 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5.

ARTICLE 4 CONTRACT SUM

§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract.

The Contract Sum shall be ($ ), subject to additions and deductions as provided in the Contract Documents.

§ 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum:

Item Price

§ 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement.

(Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.)

Item Price Conditions for Acceptance

§ 4.3 Allowances, if any, included in the Contract Sum:

(Identify each allowance.)

Item Price

§ 4.4 Unit prices, if any:

(Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00)

§ 4.5 Liquidated damages, if any:

(Insert terms and conditions for liquidated damages, if any.)

ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) per calendar day from the date for Substantial Completion set forth in Section 3.3.1 above until the date Substantial Completion of the Work is actually achieved.

FIVE HUNDRED DOLLARS ($500.00) per calendar day for each day of delay beyond thirty (30) calendar days after the date for Substantial Completion set forth in Section 3.3.1 above until the work identified on the punch list has been completed and/or corrected.

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:49:36 EDT on 10/20/2025 under Subscription No.20250123316 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

SIX PERCENT (equal to current Pennsylvania Sales Tax) of the Contract Price if the Contractor denies the Owner or its representatives access to Contractor’s records for the purpose of auditing the Project.

§ 4.6 Other:

(Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.)

ARTICLE 5 PAYMENTS

§ 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:

§ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than ( ) days after the Architect receives the Application for Payment.

(Federal, state or local laws may require payment within a certain period of time.)

§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

§ 5.1.6 In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

§ 5.1.6.1 The amount of each progress payment shall first include:

.1 That portion of the Contract Sum properly allocable to completed Work;

.2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and

.3 That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified.

§ 5.1.6.2 The amount of each progress payment shall then be reduced by:

.1 The aggregate of any amounts previously paid by the Owner;

.2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017;

.3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay;

.4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017; and

.5 Retainage withheld pursuant to Section 5.1.7.

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:49:36 EDT on 10/20/2025 under Subscription No.20250123316 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

§ 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due:

(Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.)

Ten Percent – 10%

§ 5.1.7.1.1 The following items are not subject to retainage:

(Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.)

N/A

§ 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows:

(If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.)

Upon completion of fifty percent (50%) of the Work, as approved by the Owner, and Contractor’s delivery to the Owner a fully executed Consent of Surety to Reduction in Retainage (AIA G707A), retainage shall be reduced to five percent (5%) of the payment otherwise due.

§ 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section

5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows:

(Insert any other conditions for release of retainage upon Substantial Completion.)

§ 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the…