4-8281 Dust Collection System Install - Bid Package.pdf

Request for Bid #8281: Pennsylvania College of Technology is soliciting bids from qualified contractors to remove and dispose of the existing dust collection system and furnish, install, test, commission, and provide operational training for a new reverse-pulse baghouse dust collection system at the Kenneth Carl Building Technologies Center (BTC). The basis of design is an Airex Model 180-10TR-6 baghouse dust collector equipped with an RXI-LS29 Class III blower, or an equivalent Airex system that meets or exceeds the specified requirements for performance, construction, capacity, safety, and functionality.

The work shall include disconnecting, removing, and disposing of the existing dust collector, ductwork, hoods, blast gates, fan, motor, associated controls, and related components designated for removal. The Contractor shall provide all labor, materials, equipment, connections, and services necessary to deliver a complete, fully operational dust collection system. The Contractor shall also provide training for designated College personnel on the proper operation, routine maintenance, safety procedures, and emergency shutdown of the newly installed system.

Training shall be coordinated with the College and completed before final acceptance.

All work shall be performed in accordance with the project drawings and specifications, applicable codes and standards, and regulatory requirements. Any proposed equivalent Airex system shall be supported by the manufacturer's product data and technical documentation demonstrating compliance with or superiority to the specified requirements and shall be subject to the College's written approval before award.

Project No. #8281

Issue Date: 27 October 2026 Due Date: 18 November 2026 at 2:30 pm

TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

• Advertisement for Bids

• Request for Bid

• Instructions to Vendors for Submitting Quotes and Public Bids

• Certificate of Insurance Requirements

• Bid Form (available online on the PennBid website: https://pennbid.bonfirehub.com)

• Terms and Conditions (Standard)

• Terms and Conditions (Public Works)

• Non-Collusion Affidavit

• Performance Bond

• Labor and Material Payment Bond

• Prevailing Wages Project Rates

DIVISION 01 – GENERAL REQUIREMENTS

• Site Inspection https://pennbid.bonfirehub.com/

• Project Administration

• Permits and Codes

• Safety

• Insurance

• Special Conditions o Quality Assurance o Warranty o Other

• Scope of Work

• Specifications

• Bagsonix Series Baghouse Dust Collector Product Data Sheet

Drawing List Mechanical

• M001 Mechanical Legends, Schedules, & Abbreviations

• M003 Mechanical Specifications

• M005 Mechanical Automatic Temperature Controls

• MD201 First Floor Demolition Plan – Dust Collection System

• M201 First Floor Plan – Dust Collection System

• TV-26-6222 Dust Collector Model: 180-10TR6 Airex Blower RXI-29 18235 CFM –

100 HP

• TV26-6222 Distribution (page 1 / 9)

• TV26-6222 Control (page 2 / 9)

• TV26-6222 Control (page 3 / 9)

• TV26-6222 Sequencer (page 4 / 9)

• TV26-6222 Blowback Damper (page 5 / 9)

• TV26-6222 Blowback Damper (page 6 / 9)

• TV26-6222 Abort Damper (page 7 / 9)

• TV26-6222 Panel Layout (page 8 / 9)

• TV26-6222 Wiring (page 9 / 9)

• TV-26-6222 AutoCad Drawing

ADVERTISEMENT FOR BIDS

Pennsylvania College of Technology is soliciting bids from qualified contractors to remove and dispose of the existing dust collection system and furnish, install, test, and commission a new reverse-pulse baghouse dust collection system at the Kenneth Carl Building Technologies Center (BTC). The specified system is an Airex Model 180-10TR-6 baghouse dust collector equipped with an RXI-LS29 Class III blower, or an equivalent Airex system that meets or exceeds the specified requirements for performance, construction, capacity, safety, and functionality. The work shall include disconnecting, removing, and disposing of the existing dust collector, ductwork, hoods, blast gates, fan, motor, associated controls, and related components designated for removal. The Contractor shall provide all labor, materials, equipment, connections, and services necessary to deliver a complete, fully operational dust collection system in accordance with the project drawings and specifications, applicable codes and standards, and regulatory requirements.

Pre-bid Conference: Tuesday, 10 November 2026, at 9:30 a.m.

Bid Due Date: 18 November 2026, at 2:30 p.m.

Project Location: Kenneth Carl Building Technologies Center (BTC), 1031 W. 3rd Street, Williamsport, PA.

Bidding documents are available at no cost through PennBid (https://pennbid.bonfirehub.com).

Bids shall be submitted electronically through PennBid no later than 2:30 p.m. on 18 November 2026. Bids will be electronically opened through PennBid immediately following the submission deadline.

Each bid shall be accompanied by a bid bond of an approved Surety Company, certified check, or cashier’s check in an amount of not less than ten percent (10%) of the amount of the proposal.

Bond or check shall be drawn in favor of Pennsylvania College of Technology.

This Project constitutes public work and is subject to the Pennsylvania Prevailing Wage Act, as amended and supplemented, and all applicable regulations. The Contractor and all subcontractors shall comply with all applicable prevailing wage requirements.

Pennsylvania College of Technology reserves the right to waive informalities in the bidding process, reject any or all Bids, and award the Contract to the lowest responsible and responsive Bidder or to the Bidder determined to be in the best interest of the College.

Ryan McAfee, Director of Procurement Services 570-327-4771

Pre-Bid Conference and Mandatory Site Visit: A pre-bid conference will be held on Tuesday, 10 November 2026, at 9:30 a.m. Attendees shall meet at the north main entrance of the Kenneth Carl Building Technologies Center (BTC), located at 1031 W. Third Street, Williamsport, PA.

Bidders unable to attend the pre-bid conference may contact Ben Thomas by email at brt10@pct.edu or by telephone at 570-320-2400, extension 3004, to schedule a site visit at a mutually convenient time prior to the bid due date. A site visit is mandatory for all bidders.

Bidders must either attend the pre-bid conference or schedule and complete a separate site visit with Ben Thomas. Bids submitted by bidders who have not completed a site visit will be rejected as nonresponsive.

Bid Due Date: 2:30 PM on Wednesday, 18 November 2026. Uploaded bids will be electronically opened at this date and time on the PennBid website (https://pennbid.bonfirehub.com).

Timeframe: The Contractor shall commence work upon receipt of a written Notice to Proceed on or around 17 May and shall achieve substantial completion no later than 13 August 2027.

Payment terms: Monthly progress payments will be made Net 45 days from receipt and approval of the Contractor's properly submitted invoice and required supporting documentation.

Pricing is to be quoted as delivered pricing, FOB Williamsport, PA; freight prepaid and allowed.

No additional charges of any kind, including but not limited to fuel surcharges, handling fees, etc.

will be accepted.

Prevailing Wage: This Project is subject to the Pennsylvania Prevailing Wage Act and applicable regulations. The Contractor and all subcontractors shall pay all laborers, mechanics, and workers employed on the Project no less than the applicable prevailing minimum wage rates, including applicable fringe benefits, established by the Pennsylvania Department of Labor & Industry for the Project. The applicable prevailing wage rates will be incorporated into the Contract documents. The Contractor shall comply with all applicable prevailing-wage reporting, posting, recordkeeping, payroll certification, and other requirements.

Specifications: The basis of design for the dust collection system is the Airex Model 180-10TR- 6 baghouse equipped with an RXI-LS29 Class III blower. Bidders may propose an equivalent Airex system, provided it meets or exceeds all specified requirements for performance, construction, capacity, safety, and functionality. Bidders proposing an equivalent Airex system shall submit the manufacturer’s product data and supporting technical documentation demonstrating compliance with the project specifications. All proposed alternatives shall be subject to the College’s review and written approval.

Instructions to bidder:

• Bidder shall submit all questions about the meaning or intent of the bidding documents via the “Messages / Public Q&A” feature in PennBid (https://pennbid.bonfirehub.com).

• Questions in regards to the bid shall be received no later than Friday, 13 November.

• Each Bid shall be accompanied by bid security in the form of a bid bond, certified check, or cashier's check in an amount not less than ten percent (10%) of the total Bid amount. A bid mailto:brt10@pct.edu bond shall be issued by a surety company authorized to conduct business in the Commonwealth of Pennsylvania and shall be payable to Pennsylvania College of Technology.

• A Non-Collusion Affidavit is required with the bid.

• Performance Bond: A performance bond in the amount of one hundred percent (100%) of the

Contract sum will be required from the successful Bidder.

• Labor and Materials Bond: A labor and material payment bond in the amount of one hundred percent (100%) of the Contract sum will be required from the successful Bidder.

• Certification of Insurance will be required as part of the contract award.

• At the College's request, the apparent low Bidder shall provide at least three (3) references for projects of similar scope, size, and complexity completed within the past five (5) years.

References shall include the project name, owner, contact person, telephone number, email address, contract value, and completion date.

Instructions for submitting bid: Bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) by the date and time indicated.

Bidders shall complete and upload the Excel Bid Table provided in the PennBid Pricing Section.

Failure to submit the required completed Bid Table may result in rejection of the Bid as non-responsive.

* PennBid charges vendors who are awarded contracts a capped fee of 1/3 of 1% (.0033) of the contract value for fixed fee contracts, and 1/6 of 1% (.00166) of the contract value for term contracts. There is a minimum award fee of $150 which is capped at $6,000 (+ tax). Bidders who are not awarded a contract, pay nothing.

INSTRUCTIONS FOR SUBMITTING QUOTES AND PUBLIC BIDS

1. Each vendor should be completely familiar with this Instructions to Vendors, Terms and

Conditions, and specifications, as the vendor will be held responsible to fully comply therewith.

2. In the specifications, the use of a manufacturer name and/or model number does not necessarily restrict vendors to that manufacturer. Substitutions are allowed UNLESS specifically prohibited in the bid document(s). If substitutions are made, all pertinent information related to the substitution must be included in the quote/bid response.

3. All items furnished shall be new, unused material or equipment, except if otherwise specified by the College.

4. Brochures and technical specifications must be included for all items quoted/bid.

5. All questions regarding specifications, plans, and instructions to vendors must be submitted via the “Messages/Public Q&A” feature in PennBid (https://pennbid.bonfirehub.com), unless stated otherwise. All responses will be in writing. No verbal responses will be binding on the College. Any and all addenda to the specifications, plans, and instructions to vendors will be submitted to the vendors of record prior to the due date of the quote/bid.

6. Vendors must quote/bid on each item separately and independent of any other item(s).

The College reserves the right to waive any informalities in quoting/bidding, reject any or all quotes/bids, select a single item from any quote/bid, or accept the quote/bid in its entirety, whichever is most advantageous to the College.

7. The vendor must state in their quote/bid, in calendar days, the time required for delivery after receipt of the purchase order/contract. In the case of installation or of work to be performed, the vendor must state the calendar days needed, or the specific date, if requested, for completion of the work.

8. All prices are to be F.O.B. destination, freight prepaid and allowed. Payment terms: Net

45 days

9. Pennsylvania College of Technology is exempt from both State sales tax and Federal excise tax. The tax-exempt status of the College has no effect on the taxable nature of transactions between a vendor and the vendor’s subcontractor or supplier. Therefore, each vendor is responsible for their own determination as to the applicability of, or liability for, any sales and use tax or excise tax in dealings between the vendor and any subcontractors or suppliers.

10. Use the Pricing Section, Excel Bid Table on PennBid to submit your quote/bid. Failure to do so will result in the disqualification of your quote/bid.

11. Motor vehicle(s): unless an exception is stated in the specifications, motor vehicle(s) which are quoted/bid shall be manufactured in North America, and vendor must provide a Certification of Compliance with the Pennsylvania Motor Vehicle Procurement Act.

12. Quotes/bids shall be submitted online via the PennBid Program (https://pennbid.bonfirehub.com) on or before the designated date and time.

13. The College shall have thirty (30) days in which to accept a quote/bid, unless otherwise stated in the specifications.

Additional Instructions for Public Bids:

14. Failure to complete the Non-Collusion affidavit and upload it with the bid, will result in disqualification of the bid.

15. Non-PennBid Program bids will not be considered.

16. After bid opening, the time of which is listed in the PennBid Project, a public notice will be issued via PennBid containing bid results.

17. When so stated in the specifications, or if a project is considered a Public Works, meaning it involves construction, reconstruction, demolition, alteration and/or repair work other than maintenance work; bids must be accompanied by a bid bond, certified check, or bank cashier's check, made payable to Pennsylvania College of Technology covering ten percent (10%) of the total bid price, which is understood will be forfeited if the bid or any part thereof is accepted by the College and the contractor shall fail to execute a contract. Otherwise, said check will be returned after a contract has been properly executed and all applicable bonds have been accepted by the College. Checks from unsuccessful vendor(s) will be returned after the contract has been awarded.

18. If required, the contract must be properly signed, attested, and returned to the

Procurement Services Office within ten (10) days after notification of award.

Rev. 11/23

Certificate of Insurance Requirements

General Requirements

1. All Contractor's Liability Insurance providers must be licensed and authorized to conduct business in the Commonwealth of PA. The insurance carriers of whom the Contractor has purchased insurance coverage are to have an "A-" or better rating plus a financial rating of VI or better with the A.M. Best's Company Key Rating Guide - Latest Edition.

2. Contractor shall be responsible for any deductible expenses incurred by the Owner, if loss is caused by the Contractor's negligence or willful misconduct.

3. Each Contractor shall provide "Installation Floater" coverage for its own equipment and materials not installed or tested.

4. The Contractor or Contractors shall replace or rebuild work immediately without waiting for insurance reimbursement.

Commercial General Liability

1. For the duration of these Contracts, the Contractor and each Subcontractor shall, at their own expenses, purchase and maintain in a company or companies licensed to do business in the Commonwealth of Pennsylvania, Comprehensive General Liability, with limits not less than the following:

1. Per Occurrence Limit: $1,000,000.00

2. Products and Completed Operations Aggregate: $1,000,000.00

3. General Aggregate Limit: $2,000,000.00

4. Personal and Advertising Injury: $1,000,000.00

Automobile Liability

1. For the duration of this Contract, the Contractor and each Subcontract shall, at their own expense, purchase and maintain in a company or companies licensed to do business in the Commonwealth of Pennsylvania, Comprehensive Automobile Liability Pennsylvania, Comprehensive Automobile Liability Insurance, including coverage for accidents related to operation of motor vehicles owned, non-owned, or leased, with limits not less than the following:

1. Single Combined Limit: $1,000,000.00

Umbrella Liability

1. For the duration of the Contract(s), the Contractor and each Subcontractor shall, at their own expense, purchase and maintain in a company or companies licensed to do business in the Commonwealth of Pennsylvania, Umbrella Liability, with limits not less than the following:

1. Umbrella Liability: $2,000,000.00 each occurrence/aggregate.

Workers Compensation and Employers Liability

1. Contractor shall take out and maintain during the life of the Contract, Workmen's Compensation

Insurance for employees at the Project Site and, in the event any Work is sub-let, require the same coverage for subcontractors, unless his employees are covered by protection afforded by the subcontractor.

2. For the duration of the Contract, the Contractor and each Subcontractor shall, at their own expense, purchase and maintain in a company or companies licensed to do business in the Commonwealth of Pennsylvania, Statutory Workmen's Compensation including Occupation Disease as required by the laws of the Commonwealth of Pennsylvania and also Employer's Liability Insurance with limits not less than the following Statutory - Amounts and coverage as required by the laws of the Commonwealth of Pennsylvania:

Employer's Liability:

1. $500,000.00 bodily injury by accident per accident

2. $500,000.00 bodily injury by disease policy limit

3. $500,000.00 bodily injury by disease per employee

Contractor's Protective Bodily Injury Liability and Property Damage Insurance

1. Contractor shall take out and maintain during the life of the Contract, Bodily Injury Liability and Property Damage Insurance to protect himself and any subcontractor performing Work covered by the Contract, from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under the Contract, whether such operations be by Contractor, subcontractor, or by anyone directly or indirectly employed by either of them.

1. Bodily Injury Liability: $1,000,000 per occurrence

2. Property Damage Liability: $1,000,000 each occurrence

3. Owner’s and Contractors aggregate of $2,000,000

Fire Insurance

1. Owner will effect and maintain Builder's Risk Fire Insurance and Extended Coverage upon insurable

Work in place and materials stored at the Site. Insurance will be in amount equal to full insurable value thereof at all times and will be for benefit for Owner, Contractor, and each subcontractor as their interest may respectively appear.

Submittals

1. Contract Awardee:

An original copy of the Certificate of Insurance, issued by the Insurance carrier, shall be submitted to the Owner prior to the start of work.

The certificate of insurance shall name Pennsylvania College of Technology, and its directors, officers, employees, agents, and affiliates as additional insured.

Notice of Cancellation, Termination or Non-Renewal.

1. Owner must receive 30 days’ notice of any cancellation, termination, non-renewal or changes to any insurance policy noted above.

PENNSYLVANIA COLLEGE OF TECHNOLOGY

PURCHASE ORDER/CONTRACT TERMS AND CONDITIONS

1. ACCEPTANCE OF PURCHASE ORDER/CONTRACT CONSTITUTES ENTIRE AGREEMENT: This Purchase Order/Contract constitutes an offer by Purchaser to purchase the goods, materials, labor or work specified upon the terms and conditions and the prices and within the delivery date (s) stated herein and is not an acceptance of any offer to sell, quotation or proposal of Seller. Any reference to such offer to sell, quotation or proposal is for the limited express purpose of incorporating the description and specifications of the materials, goods, labor or work to be performed hereunder, only to the extent they do not conflict with the description or specifications set forth in the body of this Purchase Order/Contract or any of the documents expressly incorporated herein by reference. This order consists only of the terms contained herein and on the face of this Purchase Order/Contract and any supplements specifications or other documents expressly incorporated herein by reference.

Acceptance of this Purchase Order/Contract is expressly limited to the terms and conditions contained herein. Upon Seller's written acceptance of or acknowledgment of receipt of this Purchase Order/Contract or Seller's commencement of work on or with respect to the goods or materials or of any performance of the labor or work, in any manner, this Purchase Order/Contract will become a Purchase Order/Contract constituting the entire agreement between the parties. The terms and conditions of this Purchase Order/Contract supersede any conflicting terms and conditions in Seller's proposal or in Seller's acknowledgment or acceptance of this Purchase Order/Contract and any additional or different terms or conditions contained therein shall be deemed objected to by Purchaser without further need of notice of objection. Notwithstanding any instructions, terms, or conditions, which may be contained in any quotations, acknowledgments, invoices, or other written documents of Seller, no addition to, deletion from, difference in, purported waiver of, or modification of any of the terms and conditions contained in this Purchase Order/Contract shall be of any force or effect or binding upon Purchaser unless the same shall be expressly accepted in writing by Purchaser.

2. TIME OF THE ESSENCE: Time of delivery or performance is the essence of this Purchase Order/Contract.

3. RIGHT OF INSPECTION AND REJECTION: All goods, materials, labor or work covered by this Purchase Order/Contract are subject to inspection, testing and final acceptance or rejection by Purchaser. Purchaser shall have a reasonable period of time after delivery of goods or material or performance of the labor or work covered by this Purchase Order/Contract to inspect and accept or reject the same. Payment or commencement of use by Purchaser prior to inspection shall not constitute acceptance Purchaser shall not be obligated to accept the goods, materials, labor or work until Purchaser determines that Seller has complied in all respects with the requirements of this purchase order/contract and has completed performance hereunder. With respect to any goods or materials which are not accepted by Purchaser, Purchaser may return such goods or materials to Seller, at Seller's expense. No goods or materials returned to Seller shall be replaced except upon Purchaser's formal authorization. Purchaser does not assume the burden of 100% inspection. If 100% inspection in Purchaser's judgment is necessary as indicated by partial inspection, the entire shipment or work may be rejected and returned at Seller's risk and expense. In addition to other remedies, in the event of any rejection, any payment on account of the goods, materials, labor or services rejected shall be promptly refunded by Seller.

4. WARRANTY: Seller expressly warrants to Purchaser that all goods, materials, labor or work covered by this Purchase Order/Contract will strictly conform to the specifications, drawings, samples or other descriptions furnished or specified by

Purchaser, will be merchantable, of good material and workmanship, and will be free from defects in material and workmanship and fit for the purposes intended. This express warranty shall extend for a period of 12 months after final acceptance of the goods, materials, labor or work by Purchaser and shall be in addition to all other warranties implied by law. Goods or materials which are not as warranted may be returned to Seller by Purchaser, at Seller's expense. In addition, Purchaser, at its option, may require Seller either to replace goods, materials, labor or work, which are not as warranted, at no cost to Purchaser, or to refund the purchase price and any charges paid by Purchaser in connection therewith.

In the event Purchaser elects to require Seller to replace such goods, materials, labor or work, all costs in connection therewith, including costs for packaging, transportation and handling shall be paid by Seller. Seller shall indemnify and hold harmless Purchaser of and from any and all expenses, losses, claims, damages, and lawsuits, including reasonable attorney's fees and costs of lawsuits, arising in whole or in part by reason of any breach of this warranty. Seller also warrants that all goods furnished pursuant to this order will be new unless specific exception is stated in writing by Purchaser or so indicated in Purchaser's specifications. New shall be defined as used for the first time, not second-hand, and shall not include any goods which have been used as demonstrators, which have been reconditioned or repaired in any way, or have been used in any other manner which renders them other than fully acceptable as new.

5. CONTINGENCIES: In the event of delays or default in delivery caused by floods, fires, storms, or other Acts of God, by war or act of public enemy or civil disturbances, strikes, lockouts, shortages of labor, raw materials, or production facilities, transportation shortages, or failures, or action of any governmental authority or any other contingency beyond the reasonable control of either party, the parties hereto shall be excused from performance hereunder, proportionately as Seller's ability to produce and/or deliver or Purchaser's ability to receive and/or use is reduced by such causes or condition. However, in no event, shall Seller be entitled to any extra compensation or cost increase resulting therefrom. Provided, however, that whenever an actual or potential cause for delay threatens timely performance of this order, Seller shall immediately give notice thereof to Purchaser and Purchaser shall have the right to cancel this order without any further liability or responsibility to Seller and to the return of any payments made on account of this order.

6. CANCELLATION AND REMEDIES AND TERMINATION: Purchaser may cancel this Purchase Order/Contract in whole or part if (i) the materials, goods, labor, and/or work furnished do not conform to warranties; (ii) Seller fails to make deliveries as provided herein; (iii) Seller breaches any other term or condition herein; (iv) any representation by Seller proves to have been false when made; or (v) Seller is insolvent, a petition is filed for reorganization of Seller or for its adjudication as a bankrupt, Seller makes an assignment for benefit of creditors, a receiver or trustee is appointed for any of Seller's assets, or any other type of insolvency proceeding or formal or informal proceeding for the dissolution, liquidation, or winding up of affairs of Seller is commenced. In the event of any such cancellation, Purchaser shall have the right, in addition to its other rights; (i) to refuse to accept delivery of goods and/or performance of services; (ii) to return to Seller, at Seller's expense, any materials or goods already delivered and, at Purchaser's option, either to recover all payments made therefore and damages and expenses incident thereto or, at Seller's expense, to receive replacement therefore, except that the rights set forth in this provision (ii) shall not be available upon cancellation by Purchaser because of the occurrence, alone, of any of the events set forth in (v) above; (iii) to recover any advance payments to Seller for undelivered or returned goods and/or services not fully performed; and (iv) to purchase elsewhere and charge Seller with any loss incurred as a result thereof. Purchaser's right to return goods is not affected by any assignment by Seller of moneys due or to become due hereunder. Upon cancellation as aforesaid, Purchaser shall not have any liability to Seller except that Seller may charge to Purchaser only the allocable part of the price for conforming goods delivered and not returned and for services performed to the extent that Purchaser receives material benefit therefrom. In addition, Purchaser shall have the option of paying to Seller Seller's actual costs for undelivered goods, in which event such goods, whether in process or finished, and raw materials therefore shall become Purchaser's property and shall be delivered to Purchaser as herein provided. In no event shall Purchaser be obligated to pay to Seller an amount greater than the price herein for said delivered and undelivered goods in total. Failure of Purchaser to enforce any of its rights hereunder shall not be deemed to be a waiver thereof or to establish a custom or usage.

In addition to the foregoing, Purchaser may at any time terminate this Purchase Order/Contract in whole or in part for its convenience upon written notice to Seller, in which event Seller shall be entitled to reasonable termination charges consisting of a percentage of the Purchase Order/Contract price reflecting the percentage of the materials or goods delivered and accepted or work or labor performed and accepted prior to termination, plus actual direct costs resulting from termination. In no event shall Seller be entitled to lost opportunity costs, unabsorbed overhead or anticipated profits as the result of such termination and in no event shall said termination costs exceed the value of this Purchase Order/Contract.

7. PATENT RIGHTS: In the event this Purchase Order/Contract covers materials, machinery, equipment or manufacturing apparatus, the development or design of which is the concept of or is paid for or suggested by Purchaser, all patent and other intellectual property rights incident thereto shall automatically become the exclusive property of Purchaser, and Seller shall cooperate with Purchaser in obtaining all such rights for Purchaser. In the event this order is funded under a federal grant, the rights of the Purchaser shall be superseded by the rights of the federal government. Seller agrees, at its own expense, to defend any suit or action brought against Purchaser or against those using the materials, goods, work or labor covered by this Purchase Order/Contract for actual or alleged infringement of patent or invention rights arising from the sale or use of such materials, goods, work, or labor and to indemnify and save Purchaser harmless from any damages, liabilities, claims, losses and expenses (including attorney's fees) paid or incurred by Purchaser in connection with any such suit or action whether against Purchaser or against those using the materials, goods, work, or labor covered by this

Purchase Order/Contract provided however, that this indemnity shall not extend to patented merchandise required by Purchaser's specification, the use of which Seller does not control.

8. PRICES: The prices specified in this Purchase Order/Contract are not subject to change without the written approval of Buyer.

Seller warrants that prices charged Purchaser are no higher than prices charged on orders placed by others for similar quantities on similar conditions subsequent to the last generally announced price change. In the event Seller breaches the terms of this paragraph, prices of the goods, material, labor or work shall be reduced accordingly, retroactive to the date of such breach. Seller agrees that any price reduction in the goods, materials, labor or work consequent to placement of this order, but prior to shipment, will be applicable to this Purchase Order/Contract. Seller certifies that amount invoiced under this Purchase Order/Contract shall not exceed the maximum levels established under any applicable government price control program. Any excess shall be promptly refunded.

9. EQUAL EMPLOYMENT: This Purchase Order/Contract will be subject to the non-discrimination provisions of Executive Order No.'s 11246, 11375 and 11701, as amended or superseded, relative to equal employment opportunity and the rules and regulations thereunder, which are incorporated herein by specific reference, except as exempted by the provisions thereof. Acceptance of this Purchase Order/Contract by Seller constitutes Seller's agreement to comply with and Seller's assurance of compliance with the foregoing and with Title VII the Civil Rights Act of 1964, and amendments thereto, Title IX of the Education Amendments of 1972, and amendments thereto, the Rehabilitation Act of 1973, and amendments thereto, the Age discrimination in Employment Act, and amendments thereto, the Vietnam Era Veterans Readjustment Assistance Act and other applicable State and Federal statutes and regulations prohibiting discrimination.

10. NON-DISCRIMINATION CLAUSE: The non-discrimination clause set forth in Title 16 of the Pa.Code, Chapter 49, is expressly incorporated herein by reference.

OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970; TOXIC SUBSTANCES CONTROL ACT: Seller warrants that the manufacture and design of the items, chemical substances or mixtures covered by and the services performed pursuant to this Purchase Order/Contract comply with the standards, rules, orders and regulations promulgated or prescribed pursuant to the Occupational Safety and Health Act of 1970 and the Toxic Substances Control Act, as applicable.

11. SMALL BUSINESS, MINORITY BUSINESS, AND WOMEN BUSINESS ENTERPRISES: Pennsylvania College of Technology promotes the bidding of supplies and service by small businesses, minority owned businesses, and women owned businesses, and they are afforded the maximum feasible opportunity to compete for Purchase Order/Contracts in accordance with state and federal Jaws and regulations.

12. MOTOR VEHICLES: When specifications provide for a Motor Vehicle, unless an exception is stated in the specifications, Motor Vehicles shall be manufactured in North America and bidder must provide Certification of Compliance with the

Pennsylvania Motor Vehicle Procurement Act.

13. MATERIAL SAFETY DATA SHEETS: Material Safety Data sheets are required for all hazardous materials. Forward Attn: Director of General Services, Pennsylvania College of Technology, 2245 Reach Road, Williamsport, Pennsylvania 17701.

14. ANTIBID-RIGGING: All equipment, goods, services or materials furnished under this Purchase Order/Contract are subject to the Antibid-Rigging Act and seller or supplier acknowledges the applicability of this Act. Any seller, bidder, or supplier shall provide noncollusion affidavits as required by purchaser.

15. COMPLIANCE WITH APPLICABLE LAW: Seller represents that the goods, materials, labor or work to be supplied or performed hereunder shall conform to and/or comply with all applicable Federal, State and local laws, rules, and regulations, and standards, whether governmental or industrial, in effect on the date of delivery of same or known in the industry to become effective after such date.

16. PARTIAL SHIPMENTS: Partial shipments shall not be permitted without the prior written consent of the Procurement Services Dept. of Purchaser.

17. SERVICES: If this Purchase Order/Contract is for services, in whole or in part, the following additional terms and conditions shall apply. Seller is an independent contractor and is not the agent or servant of Purchaser. Seller has inspected the premises and site of the services to be performed, takes the premises as is, and acknowledges that no representations have been made to Seller as to the conditions of the premises or site. Work, when commenced, shall be continuously prosecuted to completion. If Seller shall for any reason be unable to complete the work within the time set forth on the face of this Purchase Order/Contract, Purchaser reserves the right to complete the work and to charge the costs thereof against Seller. Seller waives any and all right Seller may have to any mechanic's or materialmen's liens under the laws of the locality in which the work is performed.

19. FINAL PAYMENT: It shall be a condition to final payment that Purchaser has accepted the goods, materials, labor or work furnished hereunder. It shall be a further condition to final payment that Seller has given Purchaser satisfactory evidence that all liens, claims, obligation and liabilities against the premises for which the goods or materials were furnished or where the work or labor were installed or which are chargeable to Purchaser have been fully paid, satisfied and released. Final payment so made shall not be construed as a waiver of any breach of the contract arising from this Purchase Order/Contract by Seller, or as an acceptance of defective goods, materials, labor or work or of goods, materials, labor or work not in accordance with the specifications and drawings or with the terms of this Purchase Order/Contract.

20. INSURANCE: Until delivery to Purchaser, Seller shall keep the goods or materials called for by this Purchase Order/Contract, and all materials, equipment, supplies and other property whatsoever furnished by Purchaser, if any, to be incorporated into such goods or materials or to be used in the labor or work to be performed hereunder insured under usual forms of insurance in an amount at least equal to their value and in no event less, at any time, than the aggregate of all amounts paid to Seller on account thereof. Such insurance policies shall provide that losses thereunder shall be paid to Purchaser or Seller, as their interests appear, and shall be delivered to Purchaser upon request.

21. SHIPPING AND HANDLING CHARGES: No boxing, packing, shipping or handling charges will be allowed by Purchaser unless specifically authorized on the face of this order.

22. RISK OF LOSS: Risk of loss shall remain with Seller until delivery at the destination specified herein, irrespective of any other terms of this Purchase Order/Contract.

23. ASSIGNMENT: This Purchase Order/Contract may not be assigned without Purchaser's written consent.

24. MODIFICATIONS: No modifications shall be made to this Purchase Order/Contract without the prior written consent of both parties.

25. APPLICABLE LAW: This order shall be construed according to the laws of the Commonwealth of Pennsylvania and any suit or civil proceeding arising out of thisPurchase Order/Contract shall be brought only in a state or federal court in the

Commonwealth of Pennsylvania.

26. ORDER OF PRECEDENCE: In case of conflict between these terms and conditions and other more specific provisions of this Purchase Order/Contract, such other more specific provisions shall control.

27. INVOICES: Separate invoices in duplicate are required for each Purchase Order/Contract or each partial shipment thereof.

28. DELIVERY: The contractor shall deliver supplies, furniture, equipment, etc., to Pennsylvania College of Technology, General Services Bldg., 2245 Reach Road, Williamsport, Pennsylvania 17701, unless otherwise specified.

29. IDENTIFICATION: Every package, box, bundle, or crate shall be marked with Purchase Order/Contract number and packing slip clearly marked as to the contents shall be enclosed. Such packing slip and invoice shall identify the item by the assigned item number. Partial shipments may be made on an order, with prior approval by the Director of Procurement Services, but each item should be shipped complete at one time.

When a federally funded contract is issued, Penn College, ED, the Comptroller General of the U.S. or any of their duly authorized representatives must have access to any books, documents, papers, and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. All revisions to EDGAR (0MB) Circular A-110 apply.

Service providers are required to implement and maintain safeguards to protect the security, confidentiality, and integrity of nonpublic information about individuals including, but not limited to, Penn College students, employees, perspective students and employees, donors, patrons, clients, and alumni.

NOTE: When specifications provide for 'Public Works', meaning construction, reconstruction, demolition, alteration and/or repair work, Section 30.1 through 30.20 will be attached and become part of these terms and conditions.

If Section 30 is not included, contact the procurement services office immediately at (570) 327-4771.

Rev. 6/09

PENNSYLVANIA COLLEGE OF TECHNOLOGY

PURCHASE ORDER/CONTRACT

ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS

30 PUBLIC WORKS: When specifications provide for "Public Work" meaning construction, reconstruction, demolition, alteration and/or repair work, the following additional conditions (this section 30 in its entirety) will be made part of this Purchase Order/Contract.

30.1 INDEMNITY AND INSURANCE: In consideration of this order, and in the event that all or any portion of the work covered by this order will be performed on Purchaser's premises, Seller agrees as a condition hereof:

30.1A Seller shall indemnify, defend and hold harmless Purchaser and Purchaser's officers, agents, and employees against any and all damages, liabilities, claims, losses, expenses, suits or proceedings (including attorney's fees) and pay any judgment and expenses brought against Purchaser, its officers, agents or employees, rising from its purchase and/or use of the goods, materials, labor or work covered by this Purchase Order/Contract and/or due to damage to property or injury to persons, including death, resulting from the acts or omissions or failure to act of Seller. Seller's aforesaid indemnity and hold harmless obligations shall apply to the fullest extent permissible by law, but in no event shall they apply to liability caused by the sole negligence of the party indemnified or held harmless.

30.1B To provide and maintain comprehensive general liability and motor vehicle liability insurance in amounts satisfactory to the Purchaser with the Purchaser named as additional insured. Limits of liability shall not be less than $1,000,000.00 per occurrence unless specifically agreed to by contract. Seller shall not be permitted to perform any work under this order on Purchaser's premises until and unless properly completed and executed copy of said "Seller's or Contractor's Insurance Certificate" has been delivered to the Purchaser's Procurement Services Department. Contractor must provide proof of Worker's Compensation Coverage for the duration of the work. Contractor shall provide Builders Risk Insurance and Stipulation Against Liens when new construction is involved.

30.2 ANTI KICK BACK: When Purchase Order/Contracts are in excess of $2,000 for construction or repair all contractors must comply with the

Copeland "Anti Kick Back" Act (18 U.S.C. S874, as supplemented in the Dept. of Labor regulations 29 CFR Part 3).

30. 3 IN ACCEPTING THIS ORDER SELLER AGREES: Purchase Order/Contracts in excess of $2,000 for construction and $2,500 for other purchases that involves the employment of mechanics or laborers, Seller is in compliance with section 103 and 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327-330) as supplemented by Dept. of Labor regulations 29 CFR, Part 5.

30.4 DAVIS-BACON ACT: When required by the Federal program legislation, all construction contracts of more than $2,000 shall be deemed to include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276 a to 1-7) as supplemented by Department of Labor regulations (20CFR, Part 5).

30.5 STEEL PRODUCTS: When specifications include public works requiring steel products, unless an exception is stated in the specifications, only steel products as defined in the Pennsylvania Steel Products Procurement Act shall be used or supplied in the performance of a Purchase Order/Contract with the College or any subcontractor thereunder.

30.6 COMPLIANCE WITH LAW: Seller warrants that it will comply with local, state and federal laws and regulations, including necessary permits, that may be required for performance under this purchase order/contract.

30.7 PERMITS: Unless otherwise specified, Seller shall obtain all necessary permits at Seller's sole cost and expense.

30.8 BONDS: In the event that any successful bidder's total Purchase Order/Contract exceeds $20,000, the following bonds shall be required. A

Performance Bond for 100% of the total Purchase Order/Contract price guaranteeing the performance of the Purchase Order/Contract and a Labor and Materials Bond for 100% of the total Purchase Order/Contract price guaranteeing the payment of the material furnished. These bonds must be surety company bonds, executed by a company authorized to do business in the Commonwealth of Pennsylvania, upon the forms supplied by Pennsylvania College of Technology. Copies of the forms will be enclosed with the Purchase Order/Contract when awarded and must be completed and returned as part of the Purchase Order/Contract.

30.9 PENNSYLVANIA PREVAILING WAGE ACT:

If the total cost of the Purchase Order/Contract to Pennsylvania College of Technology is in excess of $25,000 and includes "public works" to be performed by the contractor or subcontractor, the Purchase Order/Contract shall incorporate by reference and require compliance with all stipulations contained in these specifications including payment to workmen in accordance with the "Prevailing Minimum Wage Predetermination" and complete compliance with the provisions of the "Pennsylvania Prevailing Wage Act". Act 442 of August 15, 1961, and supplements thereto.

30.10 CLEAN AIR ACT:

When purchase order/contracts exceed $100,000, the contractor or subcontractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C.1857 et.seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. Violations shall be reported to the Federal Sponsoring Agency and the Regional Office of the Environmental Protection Agency.

THE FOLLOWING CONDITIONS (30.11 THROUGH 30.20) APPLY UNLESS OTHERWISE SPECIFICALLY AGREED TO BY

CONTRACT.

30.11 PAYMENT TERM:

The contractor is entitled to invoice the College for progress payments at the end of the contractor's billing period. The billing period ends at the end of the last calendar day of the month. The contractor shall be entitled to submit a final invoice for payment in full upon completion of the agreed upon work. Completion and/or substantial completion is not achieved unless or until the College agrees, in writing, with the contractor's recommendation of completion/substantial completion.

30.12 TIME FOR PAYMENT: Payment shall be due from the College 45 calendar days from delivery of the invoice to the College. Should the agreed upon payment process include submission of invoices by the contractor to an intermediary for the College (i.e., an architect), payment of the invoice is due to the contractor 45 calendar days after receipt of the invoice by the College from said intermediary, agent, or representative.

30.13 INTEREST:

If any payment is not made within the time frame described in 30.12 above, the College will not be subject to interest payments.

30.14 AUTHORITY TO WITHHOLD:

The College may withhold for deficiency items as determined by the College and/or its intermediary agents' representatives (i.e. architects, engineers, etc.). The College is under no obligation to pay the contractor for any item(s) appearing on an invoice that includes items that have not been satisfactorily completed or are otherwise deficient.

30.15 NOTICE: If the College intends to withhold payment from a Contractor for a deficiency item, it will notify the contractor of the deficiency item within 10 calendar days of the date that the invoice is received by the College.

30.16 SUBCONTRACTOR’S ENTITLEMENT TO PAYMENT:

If the College is notified in writing by a subcontractor that the contractor has not made payment to the subcontractor in accordance with any contract/agreement between the contractor and subcontractor, the College may consider such written notice from the subcontractor to be a deficiency item on the part of the contractor and may withhold payment to the contractor until notice is received by the College from the subcontractor that the matter has been satisfactorily resolved.

30.17 ERRORS IN DOCUMENTATION NOTICE OF DEFECT:

If any invoice is filled out incorrectly or incompletely, or if there is any other defect or impropriety in an invoice, the appropriate College representative receiving the invoice shall return the invoice to the contractor or College intermediary, as appropriate, with written or verbal notice of the defect within 10 working days of receipt of the invoice by the College. Payment of amount incurred -- the College is under no obligation to make corrections to defective invoices nor institute payment for any portion of defective invoices. Corrected invoices will initiate a new billing cycle.

30.18 RETAINAGE:

All payments under a construction contract are subject to a 10 percent retainage until such time as the College consents to a retainage reduction requested in writing by a contractor. Any such retainage reduction will not be considered prior to completion of 50 percent of the contracted work. Payment for retainage shall be requested and paid following the same provisions described for interim progress payments.

30.19 DEFICIENCY: The College may withhold acceptance of the project or not pay retainage in the event there are deficiency items according to the terms of the construction contract.

30.20 RESOLUTION OF DISPUTES:

In the event disputes arise between the College, the contractor, and/or College intermediary agent or representative (i.e., architect, engineer, etc.), the…