PROJECT MANUAL

FOR THE

BETHEL TOWNSHIP’S

“MUNICIPAL STORAGE BUILDING PROJECT”

Situate in:

Bethel Township

LEBANON COUNTY, PA

June 30, 2026

1.1

LOCATION MAP

1.2

TABLE OF CONTENTS

Bidding Requirements

Advertisement for Bids

Instruction to Bidders

Special Provisions for the Contractor

Proposal Form

Bid Sheet

Bid Bond

Non Collusion Affidavit

Performance Bond

Payment Bond

Maintenance Bond

Specifications

Technical Requirements – Bethel Township Accessory Garage Specification

Attachments [contained in the Project Manual]:

A - EJCDC Information/forms/etc.

B – Prevailing Wage Rates

C - Sketch Plan

1.3

INVITATION FOR BIDS

Electronic Bids will be accepted online at PennBID for Bethel Township’s "BETHEL TOWNSHIP’S

MUNICIPAL STORAGE BUILDING PROJECT"

Bids will be accepted on PennBid’s electronic bidding system until 12 noon on August 13, 2026 and will be opened at 4 p.m. by Mack Engineering Inc, and publicly read at 7:00 PM on August 13, 2026, at the Bethel

Township monthly Board of Supervisors’ meeting held at 3015 S. Pine Grove Street, Fredericksburg, PA

17026,. The bid is for the construction of a 3,600 sf municipal storage building.

Proposals shall be accompanied by a bid security in an amount of 10% of the bid will be required.

Performance Bond and Payment Bond, each in an amount equal to 100% of the amount of the contract and each with satisfactory corporate surety, will be required to be furnished by the successful bidder within 20 days of the date of award. These Bonds shall name Bethel Township as payee or obligee; to be retained and applied by the undersigned in case the bidder should default in executing the agreement or furnishing the required bonds and insurance certificates as provided in the contract documents.

All proposals must be irrevocable for sixty (60) days after the bid opening date.

This project is subject to the Commonwealth of Pennsylvania Department of Labor and Industry’s Prevailing

Wage Determination and applicable provisions of the Prevailing Wage Act, the Act of August 15, 1961, P.L.

987, as amended and supplemented, and appropriate prevailing minimum rates as promulgated under provisions of said Act must be paid by contractors in connection with performance of the necessary work.

Bethel Township is anticipating the work to be completed prior to the end of the 2026 year. A schedule from each bidder will be required & evaluated as part of the bid review.

A mandatory Pre-Bid meeting is scheduled for July 22, 2026 at 3 p.m. at the Bethel Township Building, 3015 S. Pine Grove Street, Fredericksburg PA 17026.

Bethel Township reserves the right to reject any or all bids and to waive any or all defects, errors, omissions, irregularities, or informalities in any bid for the best interests of the Township.

Richard Rudy, Board of Supervisor Chairman

1.4

Date and Time for Receiving and Opening Bids

Bids will be opened electronically on PennBID on August 13, 2026 at 4 PM and read and awarded publicly at 7 p.m., at the Board of Supervisors Meeting that night, at 3015 S. Pine Grove Street, Fredericksburg, PA 17026

Mandatory Pre-Bid Meeting

A mandatory Pre-Bid meeting is scheduled for July 22, 2026 at 3 p.m. at the Bethel Township

Building, 3015 S. Pine Grove Street, Fredericksburg PA 17026.

Project Description

Construct a new 3,600 square foot wood frame building for use as a municipal storage building for truck and equipment storage. Building will not be sprinklered.

Project Manual

A Project Manual (that includes bidding documents and drawings) and any addendums will be available on PennBID’s site at https://pennbid.bonfirehub.com

Requirements for Sealed Bids

Each bid for Bethel Township’s Municipal Storage Building Project - must be submitted electronically on PennBID’s site by Noon on August 13, 2026

Rejection, Withdraw, and Award of Bid(s)

The Owner may waive any informalities or minor defects or reject any or all Bids. Any Bid may be withdrawn prior to the above scheduled time for the opening of Bids or authorized postponement thereof. Any Bid received after the time and date specified shall not be considered. No Bidder may withdraw a Bid within twenty (20) calendar days after the actual date of the opening thereof. Should there be any reason(s) why the Project cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the successful Bidder. A conditional or unqualified Bid will not be accepted.

Bidder Responsibilities

Bidders must satisfy themselves regarding the accuracy of the estimated quantities in the Bid

Schedule by examination of the site and a review of this Project Manual, including Addenda. After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities of work, or the nature of the work to be done. Seven days prior to the Bid opening, each

Bidder is required to check with the Owner for posted Addenda.

Each Bidder is responsible for inspecting the site, and for reading and being thoroughly familiar with the contents of this Project Manual. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder from any obligations with respect to his Bid. Submission of a Bid shall be construed to mean that the Bidder has fulfilled this responsibility.

https://pennbid.bonfirehub.com/

1.5

Land Ownership and Right(s)-of-Way

When applicable, the Owner shall provide to Bidders prior to bidding, all information which is pertinent to, and delineates and describes, the land owned, and rights-of-way acquired or to be acquired.

Project Manual

This Project Manual contains the provisions required for the construction of the Project. Information obtained from any officer, agent, or employee of the Owner; or any other person shall not affect the risks or obligations assumed by the Bidder or relieve him from fulfilling any of the conditions of the Project.

Bid Bond

Each Bid must be accompanied by a Bid Bond payable to the Owner for ten (10) percent of the total amount of the Bid (Bonds shall be signed by a guaranty or surety company listed in the latest issue of the U.S. Treasury Circular 570 and the penal sum shall be within the maximum specified for such company in said Circular 570); otherwise, the Bid will be deemed non-responsive, and will be rejected by the Owner. As soon as the Bid prices have been compared, the Owner will return the bid bonds of all except the three lowest responsible Bidders. When the Agreement is executed, the bonds of the two remaining unsuccessful Bidders will be returned. A certified check may be used in lieu of a

Bid Bond.

Performance and Payment Bonds

A Performance Bond and Payment Bond, each in the amount of one-hundred (100) percent of the

Contract Price, with a corporate surety approved by the Owner, will be required for the faithful performance of the Project (Bonds shall be signed by a guaranty or surety company listed in the latest issue of the U.S. Treasury Circular 570 and the penal sum shall be within the maximum specified for such company in said Circular 570).

Attorneys-in-fact who sign Payment Bonds and Performance Bonds must file with each bond a certified and effective dated copy of their power of attorney.

Insurance

Certificates of Insurance conforming to the requirements of the General Conditions and acceptable to the Owner are required.

Agreement

The party to whom the Project is awarded will be required to execute the Agreement and obtain the

Performance Bond and Payment Bond and Certificates of Insurance within twenty (20) calendar days from the date when Notice of Award is delivered to the successful Bidder. The Notice of Award shall be accompanied by the necessary Agreement and Bond Forms. In case of failure of the successful

Bidder to execute the Agreement, the Owner may, at his option, reject the lowest Bidder’s Bid, and execute an Agreement with the second lowest Bidder.

1.6

The Owner, within ten (10) calendar days of receipt of acceptable Performance Bond, Payment Bond, and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the

Agreement within such period, the successful Bidder may, by written notice, withdraw his signed

Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner.

Notice to Proceed

The Notice to Proceed shall be issued within twenty (20) calendar days of the execution of the

Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and successful

Bidder. If the Notice to Proceed has not been issued within the twenty (20) calendar-day period, or within the period mutually agreed upon, the successful Bidder may terminate the Agreement without further liability on the part of either party.

Owner’s Right to Investigate Qualifications of Bidder(s)

The Owner may make such investigations as he deems necessary to determine the ability of any Bidder to perform the work required by the Project, and Bidders shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the work contemplated therein.

Bid Opening

After the Bids are opened, the bids will be publicly announced. Bids will then be compared and promptly verified, and if judged by the Owner to be satisfactory, the results of the determination of the lowest responsible Bidder will be made available to the public.

Applicable Laws, Ordinances, and Rules and Regulations

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the Project shall apply to the Project throughout.

Subcontractors

The successful Bidder shall supply the names and addresses of subcontractors when requested to do so by the Owner.

1.7

Equal Employment Opportunity

All Bidders agree to abide by the requirements under Executive Order Number 11246, as amended.

Minimum Salaries and Wages

Not less than the minimum salaries and wages as set forth in the Appendix of this Project Manual must be paid on the Project.

Non-Discrimination

Attention is called to the fact that each Bidder shall not in any manner discriminate by reason of race, age, color, religion, gender, national origin, handicap, creed, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act (PHRA) and applicable federal laws, against or intimidate any its employees and/or applicants for employment.

1.8

BID

BETHE TOWNSHIP’S MUNICIPAL

STORAGE BUILDING PROJECT

Bid of

(Hereinafter called “Bidder”), organized and existing under the laws of the Commonwealth of

Pennsylvania doing business as .

(Insert “a corporation”, “a partnership”, or “an individual” as applicable)

To Bethel Township Board of Supervisors (hereinafter called “Owner”):

In compliance with your Information for Bidders, Bidder hereby proposes to perform all work for the

BETHEL TOWNSHIP’S MUNICIPAL STORAGE BUILDING PROJECT in strict accordance with the Contract Documents, within the time set forth therein, and at the prices stated below.

By submission of this Bid, Bidder certifies, and in the case of a joint Bid each party thereto certifies as to his own organization, that the prices in this Bid have been arrived at independently without collusion, communication, or agreement as to any matter relating to this Bid with any other Bidder or with any competitor.

Bidder hereby agrees to commence work on the Project on or before a date to be specified in the

Notice to Proceed, and to fully complete the Project on or before ______________, 2026. The Bidder further agrees to pay as liquidated damages, the sum of $1,000.00 for each consecutive calendar day thereafter as provided in the Time for Completion and Liquidated Damages section of the General

Conditions.

Bidder acknowledges receipt of the following Addendum:

The Bidder shall submit a unit price Bid (except where pay items require a lump sum Bid) for all work included in the Project. On the Bid Schedule, the Bidder shall provide his Unit Price and Total Price for each item that appears in the Bid Schedule. The quantities that appear in the Bid Schedule for each item are estimated quantities. The Bidder shall take all necessary steps to satisfy himself about the accuracy of these estimated quantities prior to submitting his Bid.

The Unit Prices will be used to negotiate Change Orders should the Owner desire to increase or decrease the scope of the Project. All Change Orders shall be executed on the document provided in the Agreement Package and subject to the terms set forth in the Changes in the Work and Changes in Contract

Price sections of the General Conditions.

The Owner reserves the right to reject any or all Bids.

1.9

Bidder agrees to perform all the work described in the Contract Documents for the following sum:

Total Bid Price (written in dollars) for the BETHEL TOWNSHIP’S MUNICIPAL STORAGE

BUILDING:

Total Bid Price (written in words) for the BETHEL TOWNSHIP’S MUNICIPAL STORAGE

BUILDING:

Bidder has attached hereto his certification of compliance with applicable Workmen’s Compensation regulations.

Respectfully submitted, Bidder

Signature Address

Title Date

Telephone Number

(Seal - If Bid is by a Corporation)

ATTEST:

(Witness)

1.10

Please complete information requested below:

Federal Identification No:

The Address, Telephone Number, and Fax Number of the Bidder is:

Street Address:

City, State, Zip Code:

Telephone Number:

Email Address:

If a Corporation:

Name: President:

Address: Secretary:

Treasurer:

If not a Corporation:

Name:

Address:

1.11

BID SHEET

BETHEL TOWNSHIP’S MUNICIPAL

STORAGE BUILDING

ITEM#

DESCRIPTION

QNTY

UNIT PRICE

Construct a new 3,600 square foot wood frame building for use as a municipal storage building for truck and equipment storage. Building will not be sprinklered. – See plan for full details/specifications

1 LS $

TOTAL OF BASE BID (ABOVE)

SECTION A

TOTAL OF ADD ON OPTIONS( BELOW) –

SECTION B

TOTAL OF ADD ON OPTIONS (BELOW) –

SECTION C

TOTAL BID AMOUNT

SECTION B.

ADD ALTERNATE

QNTY UNIT

UNIT

PRICE

TOTAL

Garage Door

Opener (program multiple doors on one opener)

5 EA

Total Section B

SECTION C

ADD ALTERNATE

QNTY UNIT PRICE

Trench Drain & Grease

Trap

1 LS

Total Section C

1.12

UNIT LEGEND: LS = LUMP SUM

NOTES:

A. This Add-on will be the price added to the contract’s base bid amount or deducted from the total bid

(depending on how the contract is awarded).

B. The Township reserves the right to base bids on evaluation of both the base bid pricing and the additional add on costs. In this case, the lowest bidder may not be the bidder with the lowest base bid. The requested schedule will be evaluated as part of the bid results.

C. The work for any or all of the above parts shall include furnishing all required materials, tools, labor, and supervision for and incidental to the work as required, except those specifically noted the Township will provide.

D. The Township reserves the right to reject any and all bids, or delete line item(s) in order to meet the budget requirements..

E. Contractor certifies that the bid is based upon the payment of prevailing wage rates to all workers

1.13

TECHNICAL SPECIFICATION

MUNICIPAL STORAGE BUILDING

SEE WRITTEN TECHNICAL SPECIFICATIONS ON BUILDING PLAN SET ENTITLED “2610-

Bethel Twp building 6.17.2026 Bid Set” , Drawing Page A-6.

Contractor to notify the Township fifteen (15) days pior to commencing work so the site can be cleared and ready.

Contractor is responsible for applying and obtaining Zoning and Building permits.

1.14

Qualifications of Contractor

The Contractor shall demonstrate to the satisfaction of the Owner that the Contractor’s team is qualified to perform the work under this contract and therefore responsible. The Contractor may be a prime contractor or a subcontractor. For the Contractor’s team to be responsible, the Contractor, and designated key personnel must demonstrate an appropriate level of experience, technical competence, and successful past performance of work. An entity of the Contractor’s team may perform more than one function. The information requested in this Subsection will assist the Owner in making such a determination.

In the event the Owner finds the Contractor’s qualification information lacking, or if the Owner determines that the Contractor, and/or project team member(s) are not qualified, the Owner may reject the Contractor, meet with the Contractor, or request additional information. Such decisions are the sole discretion of the Owner.

The Owner reserves the right to contact references and investigate past performance and qualifications of the Contractor, and project team members, including contacting third parties and/or the references provided by the Contractor. References may be asked to describe their experience with project team members or the Contractor. Information may be solicited and evaluated on the following subjects: type and features of work; overall quality of project performance and quality of work;

experience and technical knowledge and competence of the Contractor and project team member;

ability, capacity and skill to perform the work; compliance with laws, ordinances, and contract provisions; and other information as deemed necessary by the Owner. Poor reference(s) may be justification to determine a Contractor is not responsible.

Safety

Contractor shall be responsible for meeting all federal, state, and local safety code requirements, including OSHA requirements.

Payment

Payment will be full compensation for all labor, equipment, materials, tests, and incidentals necessary to acceptably design and construct the permanent repair. No additional compensation will be made for additional material, equipment, design, or other items to comply with the Project specifications as a result of the review of the Contractor’s design.

Work Area – See accompanied drawings for details, location map, etc.

1.15

SPECIAL

CONDITIONS

(Items Incidental to the

Project)

The Contractor shall keep the area free from accumulations of waste material or rubbish caused by his employees or work (including daily sweeping of alleys, driveways, roadways and sidewalks). At the completion of the work, he shall remove all rubbish from and about the premises, and all tools, other equipment or apparatus, and surplus material. The construction site shall be left clean to the satisfaction of the Owner. In all locations where private or public property is disturbed or destroyed due to the construction program, it shall be replaced in its original form at the Contractor’s expense.

Existing Above-Ground Utilities

It shall be the responsibility of the Contractor to use all precautions to prevent damage to all above- ground utilities in the Project area. Any above-ground utility damaged or destroyed by the Contractor shall be repaired or replaced at his expense, in accordance with the requirements of the utility company involved.

Existing Underground Utilities

The Contractor shall contact all utilities that may have facilities in the Project area, and to fully comply with the provisions of the Commonwealth of Pennsylvania Utility Line Protection Act (PA Act 287 of

1974, as amended by PA Act 181 of 2006). Any underground utility damaged or destroyed by the

Contractor shall be repaired or replaced at his expense, in accordance with the requirements of the utility company involved.

Bonding Company

The surety company (bonding company) for the performance bond must be listed on the Federal

Register Circular 570.

Engineer’s Role During Construction

It is understood that the Contractor is solely responsible for construction of the Project, and that the

Owner; its Engineer; consultants; project managers; and any of their officers, agents, employees, designees, and anyone acting on their behalf are not responsible for the acts or omissions of any contractor, subcontractor, or material supplier, nor for safety programs or enforcement, nor for construction means, methods, techniques, sequences, and procedures employed by the Contractor, its agents, subcontractors, officers, employees, or persons acting on their behalf. The Contractor shall be solely responsible for the construction means, methods, techniques, sequence, or procedures, and for all safety precautions and programs in connection with the work, compliance with OSHA regulations, and for the acts or omissions of himself, all subcontractors, or any other persons performing any of the work, or for the failure of any of them to carry out the work in accordance with the

Contract Documents, statutes, laws and ordinances, permits, or regulations.

Neither the Engineer; consultants; project managers; and any of their officers, agents, employees, designees, and anyone acting on their behalf have any responsibility for, or control of, the implementation of the Contractor’s or Owner’s safety programs, or any program monitoring the

1.16 performance of the work implementation of the Contractor’s or Owner’s safety programs. Any program monitoring the performance of the work implemented by the Owner, its engineers, project managers, consultants, or any of their designees shall not be deemed to be the exercise of control, or the right to control, of the Contractor’s implementation of the means, methods, sequencing, and oversight of the safety programs of the Contractor. This paragraph also applies to any initial submission of any

Contractor safety program to the Owner; its Engineer; consultants; project managers; and any of their officers, agents, employees, designees, or anyone acting on their behalf for review and suggested modifications. It is the express intent of this provision that the Contractor is solely responsible for job site safety of the work.

Contractor Integrity Provisions

For purposes of this clause only, the words “confidential information,” “consent,” “contractor,”

“financial interest,” and “gratuity” shall have the following definitions:

1. Confidential information means information that is not public knowledge, or available to the public on request, disclosure of which would give an unfair, unethical, or illegal advantage to another desiring to contract with the Owner.

2. Consent means written permission signed by a duly authorized officer or employee of the Owner, provided that where the material facts have been disclosed, in writing, by pre-qualification, Bid, proposal, or contractual terms, the Owner shall be deemed to have consented by virtue of execution of this Agreement.

3. Contractor means the individual or entity that has entered into an Agreement with the Owner, including directors, officers, partners, managers, key employees, and owners of more than a five percent interest.

4. Financial interest means:

a. Ownership of more than a five percent interest in any business; or

b. Holding a position as an officer, director, trustee, partner, employee, or the like, or holding any position of management

5. Gratuity means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind.

The Contractor shall maintain the highest standards of integrity in the performance of the Project and shall take no action in violation of state or federal laws, regulations, or other requirements that govern contracting with the Owner.

The Contractor shall not disclose to others any confidential information gained by virtue of the

Project.

The Contractor shall not, in connection with this or any other agreement with the Owner, directly, or indirectly, offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for the

1.17 decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty by any officer or employee of the Owner.

The Contractor shall not, in connection with this or any other agreement with the Owner, directly or indirectly, offer, give, or agree or promise to give to anyone any gratuity for the benefit of, or at the direction or request of any officer or employee of the Owner.

Except with the consent of the Owner, neither the Contractor nor anyone in privity with him or her shall accept or agree to accept from, or give or agree to give to, any person, any gratuity from any person in connection with the performance of work on the Project except as provided therein.

Except with the consent of the Owner, the Contractor shall not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material on the Project.

The Contractor, upon being informed that any violation of these provisions has occurred or may occur, shall immediately notify the Owner in writing.

The Contractor, by execution of the Agreement and by the submission of any bills or invoices for payment pursuant thereto, certifies and represents that he or she has not violated any of these provisions.

The Contractor, upon the inquiry or request of the Inspector General of the Commonwealth of

Pennsylvania, or any of that official’s agents or representatives, shall provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the

Inspector General to the Contractor’s integrity or responsibility, as those terms are defined by the

Commonwealth of Pennsylvania’s statutes, regulations, or management directives. Such information may include, but shall not be limited to, the Contractor’s business or financial records, documents or files of any type or form which refer to or concern the Project. Such information shall be retained by the

Contractor for a period of three (3) years beyond the termination of the Agreement unless otherwise provided by law.

For violation of any of the above provisions, the Owner may terminate this and any other agreement with the Contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these provisions, claim damages for all expenses incurred in obtaining another Contractor to complete performance hereunder, and debar and suspend the Contractor from doing business with the

Owner. These rights and remedies are cumulative, and the use or non-use of anyone shall not preclude the use of all or any other. These rights and remedies are in addition to those the Owner may have under law, statute, regulation, or otherwise.

Contractor Responsibility Provisions

For the purpose of these provisions, the term Contractor is defined as any person, including, but not limited to, a Bidder, offeror, loan recipient, grantee, or subgrantee, who has furnished or seeks to furnish goods, supplies, services, or leased space, or who has performed or seeks to perform construction activity under contract, subcontract, grant, or subgrant with the Owner, or with a person under contract, subcontract, grant, or subgrant with the Owner.

The Contractor must certify, in writing, for itself and all its subcontractors, as of the date of its execution

1.18 of any owner contract, that neither the Contractor, nor any subcontractors, nor any suppliers are under suspension or debarment by the Commonwealth of Pennsylvania or any governmental entity, instrumentality, or authority and, if the Contractor cannot so certify, then it agrees to submit, along with the Bid, a written explanation of why such certification cannot be made.

The Contractor must also certify, in writing, that as of the date of its execution of any owner contract it has no tax liabilities or other Commonwealth of Pennsylvania obligations.

The Contractor’s obligations pursuant to these provisions are ongoing from and after the effective date of the Agreement through the termination date thereof. Accordingly, the Contractor shall have an obligation to inform the Owner if, at any time during the term of the Agreement, it becomes delinquent in the payment of taxes, or other Commonwealth of Pennsylvania obligations, or if it or any of its subcontractors are suspended or debarred by the Commonwealth of Pennsylvania, the federal government, or any other state or governmental entity. Such notification shall be made within fifteen

(15) days of the date of suspension or debarment.

The failure of the Contractor to notify the Owner of its suspension or debarment by the

Commonwealth of Pennsylvania, any other state, or the federal government shall constitute an event of default of the Agreement with the Owner.

The Contractor agrees to reimburse the Owner and the Commonwealth of Pennsylvania for the reasonable costs of investigation incurred by the Owner and the Commonwealth of Pennsylvania Office of Inspector General for investigations of the Contractor’s compliance with the terms of this or any other agreement between the Contractor and the Owner, which results in the suspension or debarment of the

Contractor. Such costs shall include, but shall not be limited to, salaries of investigators, including overtime, travel and lodging expenses, and expert witness and documentary fees. The Contractor shall not be responsible for investigative costs for investigations which do not result in the Contractor’s suspension or debarment.

The Contractor may obtain the current list of suspended and debarred Commonwealth of

Pennsylvania contractors by either searching the internet at http://www.dgs.state.pa.us/ or contacting the

Department of General Services, Office of Chief Counsel, 603 North Office Building, Harrisburg, Pennsylvania 17125 (Telephone Number 717-783-6472, FAX Number 717-787-9138)

The Americans with Disabilities Act

Pursuant to federal regulations promulgated under the authority of The Americans with Disabilities Act, 28 C.F.R. §35.101 et seq., the Contractor understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in the Project or from activities provided for under Agreement for the Project. As a condition of accepting and executing the Agreement for the Project, the Contractor agrees to comply with the “General Prohibitions Against

Discrimination,” 28 C.F.R. §35.130, and all other regulations promulgated under Title II of The

Americans with Disabilities Act.

The Contractor shall be responsible for and agrees to indemnify and hold harmless the Owner from all losses, damages, expenses, claims, demands, suits, and actions brought by any party against the Owner as a result of the Contractor’s failure to comply with the provisions of this Article.

http://www.dgs.state.pa.us/

1.19

Nondiscrimination/Sexual Harassment Clause

During the term of the Project, the Applicant (known herein as “Grantee”) agrees as follows:

1. In the hiring of any employee(s) for the manufacture of supplies, performance of work, or any other activity required under the grant agreement or any subgrant agreement, contract, or subcontract, the Grantee, a subgrantee, a contractor, a subcontractor, or any person acting on behalf of the

Grantee shall not discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act (PHRA) and applicable federal laws, against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

2. The Grantee, any subgrantee, contractor or any subcontractor or any person on their behalf shall not in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any of its employees.

3. Neither the Grantee nor any subgrantee nor any contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under the grant agreement, subgrant agreement, contract or subcontract.

4. Neither the Grantee nor any subgrantee nor any contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public Employee

Relations Act, Pennsylvania Labor Relations Act or National Labor Relations Act, as applicable and to the extent determined by entities charged with such Acts’ enforcement, and shall comply with any provision of law establishing organizations as employees’ exclusive representatives.

5. The Grantee, any subgrantee, contractor or any subcontractor shall establish and maintain a written nondiscrimination and sexual harassment policy and shall inform their employees in writing of the policy. The policy must contain a provision that sexual harassment will not be tolerated and employees who practice it will be disciplined. Posting this

Nondiscrimination/Sexual Harassment Clause conspicuously in easily accessible and well-lighted places customarily frequented by employees and at or near where the grant services are performed shall satisfy this requirement for employees with an established work site.

6. The Grantee, any subgrantee, contractor or any subcontractor shall not discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the

PHRA and applicable federal laws, against any subgrantee, contractor, subcontractor or supplier who is qualified to perform the work to which the grant relates.

7. The Grantee and each subgrantee, contractor and subcontractor represent that it is presently in compliance with and will maintain compliance with all applicable federal, state, and local laws and regulations relating to nondiscrimination and sexual harassment. The Grantee and each subgrantee, contractor and subcontractor further represent that it has filed a Standard Form 100 Employer

Information Report (“EEO-1”) with the U.S. Equal Employment Opportunity Commission

1.20

(“EEOC”) and shall file an annual EEO-1 report with the EEOC as required for employers’ subject to Title VII of the Civil Rights Act of 1964, as amended, that have 100 or more employees and employers that have federal government contracts or first-tier subcontracts and have 50 or more employees. The Grantee, any subgrantee, any contractor or any subcontractor shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to their books, records, and accounts by the granting agency and the Bureau of Diversity, Inclusion and Small

Business Opportunities for the purpose of ascertaining compliance with the provisions of this

Nondiscrimination/Sexual Harassment Clause.

8. The Grantee, any subgrantee, contractor or any subcontractor shall include the provisions of this

Nondiscrimination/Sexual Harassment Clause in every subgrant agreement, contract or subcontract so that those provisions applicable to subgrantees, contractors or subcontractors will be binding upon each subgrantee, contractor or subcontractor.

9. The Grantee’s and each subgrantee’s, contractor’s and subcontractor’s obligations pursuant to these provisions are ongoing from and after the effective date of the grant agreement through the termination date thereof. Accordingly, the Grantee and each subgrantee, contractor and subcontractor shall have an obligation to inform the Commonwealth if, at any time during the term of the grant agreement, it becomes aware of any actions or occurrences that would result in violation of these provisions.

10. The Commonwealth may cancel or terminate the grant agreement and all money due or to become due under the grant agreement may be forfeited for a violation of the terms and conditions of this

Nondiscrimination/Sexual Harassment Clause. In addition, the granting agency may proceed with debarment or suspension and may place the Grantee, subgrantee, contractor, or subcontractor in the

Contractor Responsibility File.

The Steel Products Procurement Act

If any steel products are to be used or supplied in the performance of the Project, only “steel products,” as defined in the Act, can be used or supplied in the performance of the Project.

losses, damages, expenses, claims, demands, suits, and actions brought by any party against the Owner as a result of the Contractor’s failure to comply with the provisions of this Act.

Public Works Employment Verification Act

Pursuant to the Commonwealth of Pennsylvania Act 127 of 2012 (known as the Public Works

Employment Verification Act), the Contractor, and any and all subcontractor(s) agree to utilize the United

States Department of Homeland Security E-Verify System to ensure that all employees performing work on public work projects are authorized to work in the United States.

losses, damages, expenses, claims, demands, suits, and actions brought by any party against the Owner as a result of the Contractor’s, and/or any subcontractor’s failure to comply with the provisions of this Act.

1.21

Verification of Quantities

Prior to initiating any of the work associated with the Project, the Contractor shall be required to review and verify the estimated quantity for each and every payment item that appears on the Bid Schedule.

The estimated quantity for each and every payment item that appears on the Bid Schedule should be sufficient to complete the Project, in accordance with the specifications contained herein. The Contractor shall immediately notify the Owner in writing if the estimated quantity for any payment item is insufficient to complete the Project. The Contractor shall not proceed with any of work associated with the Project until agreement is reached with the Owner as to the sufficiency of the quantity for each and every payment item that appears on the Bid Schedule. The initiation of any of the work associated with the Project shall be construed by the Owner to mean that the Contractor has accepted the estimated quantity for each and every payment item that appears on the Bid Schedule, or as revised by agreement with the Owner.