831849hvacMont.pdf

PROJECT MANUAL

Radio Room HVAC Replacement and Renovation at the

Emergency Operations Center for

Montgomery County

USA Project No. R2025.0477.00

Issue for Bid

Dated: 06.25.2026

USA ARCHITECTS, PLANNERS + INTERIOR DESIGNERS, LTD.

1 S. 3rd St., 7th Floor Easton, PA 18042

Paul R. Swartz, AIA Armand T. Christopher, Jr. AIA Peter C. Campisano, AIA Susan M. DeHart, AIA Jim McAuliffe, AIA Eric DeLong, AIA Daniel Hopkins, AIA

No. 013310-B Armand T. Christopher Jr., AIA

Radio Room HVAC Replacement and Renovation USA #R2025.0477.00 at the Emergency Operations Center for Montgomery County

TABLE OF CONTENTS PAGE 1 OF 3

2026 USA Architects Planners and Interior Designers, Ltd.

TABLE OF CONTENTS NO.OF PAGES

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIRMENTS

INSTRUCTIONS TO BIDDERS 4

BONDS

PERFORMANCE BOND 1

PAYMENT BOND 4

LABOR AND MATERIAL BOND 1

WAIVER OF LIENS, NO. 75 1

APPENDIX A – SUBMISSION FORMS 1

PUBLIC DISCLOSURE STATEMENT 1

CERTIFICATION AND REPRESENTATIONS OF OFFERORS 4

LOCAL, SMALL, AND DISADVANTAGES BUSINESS CONCERN CERTIFICATION 1

SAMPLE CONTRACT FOR CONSTRUCTION SERVICES 3

GENERAL CONDITIONS FOR THE CONSTRUCTION CONTRACT 29

RESPONSIBLE CONTRACTOR CERTIFICATION 4

BID FORM – GENERAL CONSTRUCTION CONTRACT 3

BID FORM – HVAC CONTRACT 3

BID FORM – ELECTRICAL CONTRACT 3

DIVISION 01 – GENERAL REQUIREMENTS

01 11 01 SUMMARY OF WORK 8

01 11 05 TIME OF COMPLETION 1

01 21 00 ALLOWANCES 3

01 25 00 PRODUCT SUBSTITUTIONS 5

01 26 00 MODIFICATION PROCEDURES 3

01 29 00 APPLICATION FOR PAYMENT 4

01 31 13 PROJECT COORDINATION 4

01 31 19 PROJECT MEETINGS 4

01 33 00 SUBMITTALS 8

01 35 00 SPECIAL PROJECT PROCEDURES 2

01 40 00 QUALITY CONTROL SERVICES 4

01 42 19 REFERENCE STANDARDS AND DEFINITIONS 9

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS 6

01 70 00 PROJECT CLOSEOUT 4

01 73 29 CUTTING AND PATCHING 4

DIVISION 02 – EXISTING CONDITIONS

02 41 00 DEMOLITION 4

Radio Room HVAC Replacement and Renovation USA #R2025.0477.00 for Montgomery County

TABLE OF CONTENTS PAGE 2 OF 3

2026 USA Architects Planners and Interior Designers, Ltd.

DIVISION 03 – 06 NOT USED

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

07 92 00 JOINT SEALANTS 5

DIVIISON 08 – OPENINGS

08 11 13 HOLLOW METAL DOORS AND FRAMES 5

08 71 00 DOOR HARDWARE 6

DIVISION 09 – FINISHES

09 51 00 ACOUSTICAL CEILINGS 4

09 69 00 ACCESS FLOORING 7

09 91 23 INTERIOR PAINTING 7

DIVISION 10 – 21 NOT USED

DIVISION 22 - PLUMBING

22 05 17 SLEEVES AND SLEEVE SEALS FOR PLUMBING PIPING 7

22 05 18 ESCUTCHEONS FOR PLUMBING PIPING 3

22 05 23 GENERAL DUTY VALVES FOR PLUMBING PIPING 8

22 05 29 HANGERS AND SUPPORTS FOR PLUMBING PIPING AND EQUIPMENT 8

22 05 53 IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT 4

22 07 19 PLUMBING PIPING INSULATION 18

22 11 16 DOMESTIC WATER PIPING 11

22 13 16 SANITARY WASTE AND VENT PIPING 10

DIVISION 23 – HEATING, VENTILATING, AND AIR CONDITIONING

23 05 17 SLEEVES AND SLEEVE SEALS FOR HVAC PIPING 5

23 05 18 ESCUTCHEONS FOR HVAC PIPING 2

23 05 29 HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENT 6

23 07 19 HVAC PIPING INSULATION 12

23 23 00 REFRIGERANT PIPING 9

23 31 13 METAL DUCTS 10

23 33 00 AIR DUCT ACCESSORIES 7

23 37 13 DIFFUSERS, REGISTERS AND GRILLES 3

23 81 23 LARGE CAPACITY, COMPUTER-ROOM AIR CONDITIONERS, FLOOR MOUNTED UNITS 7

DIVISION 24 – 25 – NOT USED

DIVISION 26 – ELECTRICAL

26 05 11 REQUIREMENTS FOR ELECTRICAL INSTALLATIIONS 8

26 05 19 LOW-VOLTGE ELECTRICAL POWER CONDUCTORS AND CABLES 5

26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 6

26 05 33 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 10

26 05 44 SLEEVES AND SLEEVE SEALS FOR ELECTRICAL RACEWAYS AND CABLING 5

26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS 10

Radio Room HVAC Replacement and Renovation USA #R2025.0477.00 for Montgomery County

TABLE OF CONTENTS PAGE 3 OF 3

2026 USA Architects Planners and Interior Designers, Ltd.

26 27 02 EQUIPMENT WIRING SYSTEMS 4

26 28 13 FUSES 4

26 28 16 ENCLOSED SWITCHES AND CIRCUIT BREAKERS 11

END OF SECTION

STANDARD INSTRUCTIONS

FOR MONTGOMERY COUNTY PROCUREMENT PORTAL SOLICITATIONS

1. No verbal instructions or information to bidders will be binding. The specifications will be considered clear and complete unless written attention is called to any apparent discrepancies or incompleteness thereof, before the opening of bids. Should any inquiries be received by the Commissioners relating to this bid or proposal, only answers posted on the Montgomery County Procurement Portal will be considered binding and incorporated into the specification.

2. Bids or proposals will be considered as conclusive evidence of complete examination of specifications, addendums, samples and any other document included with the solicitation. Also, electronic submission of the document will be considered as providing a binding digital signature to the bid or proposal.

3. The Commissioners of the County of Montgomery reserve the right to reject any or all bids, proposals or parts thereof, as deemed to be in the best interest of the County.

4. All Bidders who submit a bid agree to be bound by the County’s Standard Terms and Conditions, which are attached to the specification as an exhibit.

5. Any instructions contained in the description section of Montgomery County Procurement Portal for this solicitation shall be considered binding and part of this specification.

6. The County shall answer questions on a best efforts basis unless otherwise stated. Questions received less than seven days prior to the opening of a bid or proposal may not receive a response.

7. All bids should be submitted through the Montgomery County Procurement Portal unless otherwise stated.

8. When uploading your response, please submit the following as separate documents in addition to your proposal: Responsible Contractor Form (if required), Cost/Pricing Proposal, Appendix A, and a current W-9.

9. If a vendor experiences a technical problem uploading a bid or proposal to the Montgomery County Procurement Portal, the County may accept the proposal through alternate means, provided the problem was brought to the County’s attention at least a half-hour prior to the solicitation’s close.

Acceptance through alternate means will be solely at the discretion of the County, and may not be challenged. Technical problems of any kind raised within a half-hour of the solicitation’s closing, regardless of cause will be solely attributed to the vendor’s negligence unless the County determines it is in the County’s best interest to allow the submission.

Specification

10. These specifications are intended to cover the furnishing of all materials and the performance of all work that may be required or necessary for the complete performance of the contract, and the Contractor will be required to do all things that may be necessary to fully complete the work within the purview of these specifications. Where plans accompany certain sections of the specifications, these shall be considered a part of these specifications.

Interpretation of Specifications

11. Should a bidder or proposer discover discrepancies in the specifications, the matter shall be at once brought to the attention of the Commissioners, and the discrepancies corrected before proceeding further.

12. All explanations, interpretations and instructions required under these specifications will be given by the Commissioners or their designated Representative on written request from bidders and posted to the Montgomery County Procurement Portal website.

13. All equipment, services and/or material shall conform to the requirements of these specifications, and any equipment and/or material determined by the Commissioners as not meeting these specifications shall at once be removed and replaced according to the Standard Terms and Conditions unless otherwise indicated in the specification.

Exemption from Federal Excise and Pennsylvania Sales Taxes

14. The County is exempt from Federal Excise Taxes and the Pennsylvania Sales Tax. Net prices as shown in the bid or proposal shall exclude said Federal and State Tax amounts.

Note: This provision shall not apply to construction, repair and/or maintenance contracts where under bidder purchases supplies, materials and/or equipment and includes costs thereof in computation of his bid or proposal.

Equivalency Clause

15. Where the use of a manufacturer’s brand name and/or model number appear in these specifications it is intended only to indicate that said brand name and/or model number is the minimum standard desired by the County of Montgomery. Vendors desiring to bid or propose on items other than those indicated shall state the brand name and/or model number upon which their bid or proposal is based.

It shall be the vendor’s responsibility to prove to the County that said items are equal to or better than those indicated. Specification Documents, Literature, etc., shall accompany Bid Proposal. The County reserves the right to request samples of items and/or requires a demonstration of same if appropriate.

Failure to comply with this requirement may be cause for rejection of bid.

Error in Extension

16. Where an error is made in computing the extension of the per unit price to total price, the per-unit price quoted shall govern.

County Right

17. The County reserves the right to accept or reject any or all bids, proposals or parts thereof and to award the contract as is determined to serve the County’s best interest.

Bid Bond

18. A bid bond is not required for any bids or proposals except those involving construction projects, unless otherwise specified. For construction projects, all bond procedures should comply with 16 P.S. § 5518.

19. A bid bond is required for all construction projects. Unless otherwise specified, the bid bond should be for 5% of the total bid value including alternates.

Rejection of Bid

20. A bid or proposal, which is incomplete, obscure, conditioned, or which contains additions not called for, or irregularities of any kind, including alterations or erasures, may be rejected. If the specification requires a bid bond, County may reject the bid if the bond is deficient in some manner.

Bidders Responsibility Factor

21. In evaluating bids, in addition to price, the County may consider delivery time, bidders’ experience, past record of bidder in meeting commitments and any other general factors that may be deemed pertinent to the best interests of the County. The County reserves the right to request bidder to supply additional information prior to award of contract should such action be deemed in the County’s best interest.

Contractor Obey Laws

22. Contractor shall obey all Federal, State, County, Municipal laws or ordinances in any way pertaining to the requirements of the specifications, and shall obtain any and all permits, etc., which may be necessary.

Steel Procurement Act

23. Should the work under these specifications require the use of Steel or Steel Products, bidders shall note that only steel products produced in the United States of America shall be used in the performance of the work if called for in these Contract Documents. Bidders are required to familiarize themselves with the Commonwealth of Pennsylvania’s Act No. 1978-P.L.6 - No. 3, The Steel Procurement Act, as it pertains to this requirement.

Motor Vehicle Procurement Act

24. Contractor shall supply only motor vehicles, which are manufactured in North America. Where specifications call for the purchase or lease of vehicles for the County, the bidder must indicate on the Proposal Page that a substantial majority of the principal components of the vehicle upon which a bid proposal is being submitted was assembled into final products in an assembly plant in North America.

Bidder shall indicate plant location. Remanufactured automobile parts shall be used as defined in Resolution 09-C.463.

Used Oil Products Preference

25. As provided for in the act of April 9, 1982 (P.L.314, No.89), known as the Pennsylvania Used Oil Recycling Act, the County and persons holding contracts with the County shall encourage and, to the extent possible, require the procurement and purchase of recycled oil products as substantially equivalent to products made from new oil.

Protection of Work, Life, Property

26. Contractor shall continuously maintain adequate protection of its work from damage, and shall protect the County’s property from injury or loss arising in connection with this contract. It shall make good any such damage, injury or loss except such as may be directly due to errors in the contract documents or caused by agents or employees of the County. It shall adequately protect adjacent property as provided by law and the contract documents. It shall provide and maintain all passageways, guard fences, lights and other facilities for the protection required by public authority or local conditions.

EQUAL EMPLOYMENT OPPORTUNITY

27. Executive Order 11246 “During the performance of this contract, the contractor agrees as follows:

(a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination: rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(b) In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.”

(c) In the hiring of employees for the performance of work under the contract or any subcontract, no contractor, subcontractor or any person acting on behalf of the contractor or subcontractor shall be reason of gender, race, creed or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

(d) No contractor or subcontractor or any person on their behalf shall in any manner discriminate against or intimidate any employee hired for the performance of work under the contract on account of gender, race, creed or color.

(e) The contract may be canceled or terminated by the County and all money due or to become due under the contract may be forfeited for a violation of the terms or conditions of that portion of the contract.

Additional Forms

28. The Prevailing Minimum Wage Predetermination, if applicable to the project, is a separate section of these contract documents, attached hereto and made a part hereof.

29. All documents contained in Appendix A must be provided.

30. The Contract Cover and Signature Page is provided for reference and does not need to be provided with a bid or proposal.

31. If HIPAA does not apply to this contract, the Business Associate Agreement may be ignored if it is included with the bid documents.

32. The Trade Secret form is optional and should only be provided if vendor is claiming any part of the bid or proposal is a Trade Secret or contains Confidential Proprietary Information.

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS that we, ______________________, as

Principal (the “Principal”), and _____________________________________, a corporation organized and existing under the laws of the _________of ____________________, having its principal office at , and authorized to do business in the Commonwealth of Pennsylvania, as Surety (the “Surety”), are held and firmly bound unto the COUNTY OF MONTGOMERY as Obligee (the “Obligee”), as herein-after set forth in the full and just sum of _________________________________ Dollars

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

WHEREAS, Principal herein has entered into a contract or agreement in writing with COUNTY OF MONTGOMERY, whereby Principal did obligate itself to furnish all materials, equipment and labor necessary to, in a complete and workmanlike manner, do said work, as in said contract or agreement in writing more fully set forth, the same being fully incorporated herein by reference with the same force and effect as if fully copied herein.

NOW THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal shall well and truly do and perform all those things which he did by said written contract or agreement obligate himself to do, and shall in all respects comply with the said recited contract, then this obligation shall be void and of no effect. Otherwise to be and remain in full force and virtue.

IN WITNESS WHEREOF the PRINCIPAL and SURETY have caused this instrument to be duly executed and sealed in their and each of their behalves, this __________ day of______________, A.D. 20___.

Witness: ____________________________________

_____________________________(SEAL)

(Principal)

_______________________________________ By:________________________________

(Witness to Principal) (President) (Co-Partner)

(Surety)

_______________________________________ By:________________________________

(Witness to Surety) (Attorney-in-Fact)

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS that we, _____________________________, as Principal (the “Principal”), and _______________________________, a company organized and existing under the laws of the __________________ of _____________________, with a principal office at

, and authorized to do business in the Commonwealth of

Pennsylvania, as Surety (the “Surety”), are held and firmly bound, unto the COUNTY OF

MONTGOMERY as Obligee (the “Obligee”), as hereinafter set forth, in the full and just sum of

_______________________________ Dollars ($______________) lawful money of the United

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

WITNESSETH THAT:

WHEREAS, the Principal heretofore has submitted to the Obligee a certain Bid, dated _______________, 20___ (the “Bid”), to perform Work for the Obligee, in connection with the _________________ Project located in ____________ Township, Montgomery County, Pennsylvania, pursuant to Drawings, Specifications and other related documents, constituting the Bidding Documents, which are incorporated into the Bid by reference (the “Contract Documents”); and

WHEREAS, the Obligee, is a “Contracting Body” under provisions of Act No. 385 of the General Assembly of the Commonwealth of Pennsylvania, approved by the Governor on December 20, 1967, known as and cited as the “Public Works Contractors’ Bond Law of 1967” (the “Act”); and

WHEREAS, it also is a condition of the Contract Documents that this Payment Bond shall be furnished by the Principal to the Obligee; and

WHEREAS, under the Contract Documents, it is provided, inter alia, that if the Principal shall furnish this Payment Bond to the Obligee, and if the Obligee shall make an award to the Principal in accordance with the Bid, then the Principal and the Obligee shall enter into an agreement with respect to performance of such Work (the “Contract”), the form of which Agreement is set forth in the Contract Documents.

NOW, THEREFORE, the terms and conditions of this Payment Bond are and shall be that if the Principal and any subcontractor of the Principal to whom any portion of the Work under the Contract Documents shall be subcontracted, and if all assignees of the Principal and of any such subcontractor, promptly shall pay or shall cause to be paid, in full, all money which may be due any claimant supplying labor or materials in the prosecution and performance of the Work in accordance with the Contract Documents, including, without limitation, any amendment, extension or addition to the Contract Documents, for material furnished, labor supplied or labor performed, then this Payment Bond shall be void; otherwise, this Payment Bond shall be and shall remain in force and effect.

This Payment Bond, as provided by the Act, shall be solely for the protection of claimants supplying labor or materials to the Principal, any subcontractor of the Principal, any assignees of the Principal, or any assignees of any subcontractor of the Principal in the prosecution of the Work covered by the Contract Documents, including, without limitation, any amendment, extension or addition to the Contract Documents and is conditioned for the prompt payment of all such materials furnished and labor supplied or performed in the prosecution of any portion of the Work. The term “claimant”, when used herein and as required by the Act, shall mean any individual, firm, partnership, association or corporation. The phrase “labor or materials” when used herein and as required by the Act, shall include, without limitation, public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site of the Work covered by the Contract Documents. As required by the Act, the provisions of this Payment Bond shall be applicable whether or not the material furnished or labor performed enters into and becomes a component part of the public building, public Work or public improvement contemplated by the Contract Documents.

As provided and required by the Act, the Principal and the Surety agree that any claimant, who has performed labor or furnished material in the prosecution of the Work in accordance with the Contract Documents, including, without limitation, any amendment, extension or addition to the Contract Documents, and who has not been paid therefore, in full, before the expiration of ninety (90) days after the day on which such claimant performed the last of such labor or furnished the last of such materials for which payment is claimed, may institute an action upon this Payment Bond, in the name of the claimant, in assumpsit, to recover any amount due the claimant for such labor or material; and may prosecute such action to final judgment and may have execution upon the judgment; provided, however, that: (a) any claimant who has a direct contractual relationship with any subcontractor of the Principal or any assignees of any subcontractor of the Principal, but has no contractual relationship, express or implied, with the Principal, may institute an action upon this Payment Bond only if such claimant first shall have given written notice, served in the manner provided in the Act, to the Principal, within ninety (90) days from the date upon which such claimant performed the last of the labor or furnished the last of the materials for which payment is claimed, stating, with substantial accuracy, the amount claimed and the name of the person for whom the Work was performed or to whom the material was furnished; and (b) no action upon this Payment Bond shall be commenced after the expiration of one (1) year from the day upon which the last of the labor was performed or material was supplied, for the payment of which such action is instituted by the claimant.

This Payment Bond is executed and delivered under and subject to the Act, to which reference hereby is made.

The Principal and the Surety agree that any alterations, changes and/or additions to the Contract Documents, and/or any alterations, changes and/or additions to the Work to be performed under the Contract Documents, and/or any giving by the Obligee of any extensions of time for the performance of the Work in accordance with the Contract Documents, and/or any act of forbearance of either the Principal or the Obligee toward the other with respect to the Contract Documents, and/or the reduction of any percentage to be retained by the Obligee as permitted by the Contract Documents, and/or alterations and/or changes which materially increase the liability and/or obligations of the Principal and the Surety under this Payment Bond, shall not release, and/or discharge, in any manner whatsoever, the Principal and the Surety, or either of them, or their heirs, executors, administrators, successors and assigns, from liability and obligations under this Payment Bond; and the Surety, for value received, does waive notice of any such alterations, changes, additions, extensions of time, acts of forbearance and/or reduction of retained percentage and/or other material increase in the liability and obligations of the Principal and the Surety under this Payment Bond.

Provided, that it is expressly agreed that this Payment Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon any amendment to the Contract Documents not increasing the contract price in the aggregate by more than twenty percent (20%), so as to bind the Principal and the Surety to the full and faithful performance of the Contract Documents as so amended and the Surety, for value received, does waive notice of any such amendment to the Contract Documents not increasing the contract price in the aggregate by more than twenty percent (20%). The term “Amendment”, wherever used in this Payment Bond and whether referring to this Payment Bond or the Contract Documents, shall include any alteration, addition, extension or modification, whether material or not, and of any character whatsoever.

Provided, further, that no final settlement between the Obligee and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

In the event that the Obligee incurs legal fees (e.g., fees of attorneys, paralegals and other legal professionals) for actual or potential default or enforcement of its rights under the Contract Documents or Payment Bond, the Surety agrees to pay for all legal fees and costs incurred by the Obligee.

Any dispute resolution proceeding, legal or equitable, under this Payment Bond, shall be instituted in the Court of Common Pleas of Montgomery County and not elsewhere. In such dispute resolution proceeding, Obligee may join both Principal and Surety as parties, and Principal and Surety hereby consent to such joinder, jurisdiction and venue. This Payment Bond shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to principles of conflicts of law.

IN WITNESS WHEREOF, the Principal and the Surety cause this Payment Bond to be signed, sealed and delivered this _____ day of _______________, 20___.

(Individual Principal)

______________________________ (SEAL)

(Signature of Individual)

WITNESS: Trading and Doing Business as

(Partnership Principal)

WITNESS: ____________________________________

(Name of Partnership)

_____________________________________ BY: __________________________(SEAL)

Partner

_____________________________________ BY:___________________________(SEAL)

_____________________________________ BY:___________________________(SEAL)

(Corporate Principal)

ATTEST:

(Name of Corporation)

____________________________________ BY:_________________________________

Secretary (Assistant Secretary) President (Vice President)

(CORPORATE SEAL)

or (if appropriate)

WITNESS: ____________________________________

(Name of Corporation)

____________________________________ *BY:________________________________

(Authorized Representative)

* Attach appropriate proof, with raised corporate seal, dated as of the same date as the

Payment Bond, evidencing authority to execute on behalf of the corporation.

(Corporate Surety)

WITNESS: ____________________________________

(Name of Corporation)

____________________________________ **BY:_______________________________

(Attorney-in-Fact)

** Attach an appropriate power of attorney, with raised corporate seal, dated as of the same date as the Payment Bond, evidencing the authority of the Attorney-in-Fact to act on behalf of the Surety.

LABOR AND MATERIAL BOND

Know All Men By These Presents , that with principal place of business at _______________________________Pennsylvania, as PRINCIPAL, and _________________________________________________Pennsylvania, as SURETY, are held and firmly bound unto COUNTY OF MONTGOMERY, Pennsylvania, and its successors and assigns, unto the use of the parties interested in the sum of (____________) DOLLARS, lawful money of the United States of America, for which payment well and truly to be made the Principal and Surety have and do hereby firmly bind and oblige themselves, their heirs, personal representatives, successors and assigns.

WHEREAS, by contract or agreement in writing of even date herewith the Principal did enter into a contract with COUNTY OF MONTGOMERY, by the terms of which it, the said Principal, did agree to furnish labor, materials, and equipment necessary to, in a complete and workmanlike manner, do the said work as in said contract or agreement in writing more fully set forth, said contract being fully incorporated herein by reference with the same force and effect as if fully copied herein.

AND WHEREAS, the said contract provided that the contractor shall give an additional bond conditioned for the prompt payment of all materials furnished and all labor supplied or performed in the prosecution of the work, whether or not the material or labor entered into and became a component part of the work or improvement contemplated, which said provisions of contract are herein by reference with the same and full force and effect as if copied completely herein.

NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly pay or cause to be paid all sums of money which shall or may be due to any person, firm, partnership, association or corporation, who shall or may, whether a subcontractor or otherwise, furnish materials or supplies or perform labor in the prosecution of the work provided for and contemplated in said recited contract or agreement, whether or not the material, supplies or labor entered into and became a component part of the work or improvement contemplated, then this obligation to be void, otherwise to remain and to be in full force and virtue, in which event every and/or any such person, firm, partnership, association, and corporation who, whether as a subcontractor or otherwise, had furnished material or supplies or performed labor in the prosecution of the work above mentioned, and who has not been paid therefor may sue in assumpsit upon this obligation in the name of COUNTY OF MONTGOMERY or its successor or assigns, for his, their or its use and prosecute the same to final judgment for such sum or sums as may be justly due him, them or it, and have execution thereon;

provided only, that said COUNTY OF MONTGOMERY will not be liable for the payment of any costs or expenses in any such suit.

IN WITNESS WHEREOF the PRINCIPAL and SURETY have caused this instrument to be executed in their and each of their names and on their and each of their behalves, this _________ day of __________________, A.D. 20___.

Witness:

___________________________________ ____________________________________(SEAL)

Principal

By:_______________________________________

Surety

Waiver of Liens, No. 75

Whereas, entered into a contract with to provide materials and perform labor necessary for upon a lot of ground located

Now, therefore, it is hereby stipulated and agreed by and between the said parties, as part of the said contract and for the consideration therein set forth, that neither the undersigned contractor, any sub-contractor or material man, nor any other person furnishing labor or materials to the said contractor under this contract shall file a lien, commonly called a mechanics lien, for the work done or materials furnished to the said building or any part thereof.

S A M P L E

This stipulation is made and intended to be filed with the County Prothonotary in accordance with the requirements of Section 1402 of the Mechanics Lien Law of 1963 of the Commonwealth of Pennsylvania in such case provided.

In Witness Whereof, the said parties hereto have hereunto set their hands and seals this day of , A.D.20

Signed, Sealed and Delivered

IN THE PRESENCE OF

__________________________________(SEAL)

___________________________________(SEAL)

Appendix A

SUBMISSION FORMS

The following forms must be submitted and uploaded with the proposal. Failure to include these forms may lead to rejection of the proposal as non-responsive. Each form must be signed by a person authorized to bind the company. Electronic signatures are acceptable.

PUBLIC DISCLOSURE STATEMENT

Provide a YES or NO answer to the following three (3) questions. If you responded “yes” to any question, please explain (responding “yes” does not necessarily disqualify you from doing business with the County).

In the past five (5) years,

1. Has your firm referred any business (whether or not compensated) or otherwise had any financial dealings with any County elected official or County officer?

2. Have any officers or principals of your firm engaged in any dealings of a financial or personal nature with any County elected official or County officer?

3. Have any officers or principals of your firm been solicited for a campaign contribution by or on behalf of any County elected official or County officer?

[ ] Confirm that you will comply in all respects with the Pennsylvania Public Official and Employees Ethics Act. 65 Pa.C.S.. § 1101 et seq.

Signature & Date

Typed/Printed Name

Title

CERTIFICATION AND REPRESENTATIONS OF OFFERORS

1. Certification of Eligibility

a. The bidder certifies that neither the offeror, nor any person or firm which has an interest in the proposal or the offeror’s firm:

(1) Has been suspended, debarred or otherwise restricted by the County or any Department or Agency of the Federal Government or of any State Government from doing business with such County, Department, Agency or State for the period beginning 5 years prior to the date of this certification;

(2) Has experienced default or noncompliance under any contract with any governmental agency with which it has contracts for the period beginning 10 years prior to the date of this certification; or

(3) Has unresolved findings raised as a result of federal, state or local government audits, or any other governmental investigations concerning the offeror or any person or firm which has an interest in the offeror's firm under any of the offeror's contracts;

(4) Has defaulted on an obligation covered by a bond, and has not been the subject of a claim under any fidelity bond.

(5) Has been found by the Commonwealth of Pennsylvania to be in noncompliance with any applicable civil rights laws.

(6) Is a County Commissioner, County employee, or otherwise prohibited or limited by law from contracting with the County.

(7) Has been convicted of a felony and is not presently the subject of a complaint or indictment charging a felony. (A felony is any offense punishable by imprisonment for more than one year, but does not include any offense classified as a misdemeanor under the laws of a State and punishable by imprisonment of two years or less.)

(8) Has been convicted or found liable for any act prohibited by state or federal law involving conspiracy or collusion with respect to proposing or bidding on any public contract within the last three years. If offeror has been convicted of any act prohibited by State or Federal law involving collusion with respect to proposing or bidding on any public contract within the past three years, offeror should attach an explanation of the circumstances surrounding that conviction.

b. Statements above to which the offeror cannot certify (if any) have been deleted by striking through the words with a pen. The offeror has initialed each deletion (if any) and has attached a true and accurate signed statement (if applicable) to explain the facts and circumstances which qualify the offeror as a responsible offeror for participation in this project.

c. The certification in paragraph (a) above is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the offeror knowingly rendered an erroneous certification, the contract may be terminated for default.

2. Contingent Fee Representation and Agreement

a. The bidder/offeror represents and certifies as part of its bid/offer that, except for full-time bona fide employees working solely for the bidder/offeror, the bidder/offeror:

(1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and

(2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

b. If the answer to either (a) (1) or (a) (2) above is affirmative, the bidder/offeror shall make an immediate and full written disclosure to the Chief Procurement Officer.

c. Any misrepresentation by the bidder/offeror shall give the County the right to (1) terminate the resultant contract; (2) at its discretion, to deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract.

3. Certificate of Independent Price Determination

a. The bidder/offeror certifies that:

(1) The prices in this bid/offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder/offeror or competitor relating to (i) those prices,

(ii) the intention to submit a bid/offer, or (iii) the methods or factors used to calculate the prices offered;

(2) The prices in this bid/offer have not been and will not be knowingly disclosed by the bidder/offeror, directly or indirectly, to any other bidder/offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law;

(3) No attempt has been made or will be made by the bidder/offeror to induce any other concern to submit or not to submit a bid/offer for the purpose of restricting competition; and

b. Each signature on the bid/offer is considered to be a certification by the signatory that the signatory:

(1) Is the person in the bidder/offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above.

_______________________________________________________ [insert full name of person(s) in the bidder/offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the bidder/offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above.

c. If the bidder/offeror deletes or modifies subparagraph (a)2 above, the bidder/offeror must furnish with its bid/offer a signed statement setting forth in detail the circumstances of the disclosure.

4. Organizational Conflicts of Interest Certification

a. The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under a proposed contract and a prospective contractor’s organizational, financial, contractual or other interest are such that:

(1) Award of the contract may result in an unfair competitive advantage;

(2) The Contractor’s objectivity in performing the contract work may be impaired; or

(3) That the Contractor has disclosed all relevant information and requested the County to make a determination with respect to this Contract.

b. The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the County which shall include a description of the action which the Contractor has taken or intends to eliminate or neutralize the conflict. The County may, however, terminate the Contract for the convenience of the County if it would be in the best interest of the County.

c. In the event the Contractor was aware of an organizational conflict of interest before the award of this Contract and intentionally did not disclose the conflict to the County, the County may terminate the Contract for default.

d. The Contractor shall require a disclosure or representation from subcontractors and consultants who may be in a position to influence the advice or assistance rendered to the County and shall include any necessary provisions to eliminate or neutralize conflicts of interest in consultant agreements or subcontracts involving performance or work under this Contract.

[ ] In the absence of any actual or apparent conflict, I hereby certify that to the best of my knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procurement.

5. Authorized Negotiators

The offeror represents that the following persons are authorized to negotiate on its behalf with the County in connection with this request for proposals:

(list names, titles, and telephone numbers of the authorized negotiators):

6. Conflict of Interest

In the absence of any actual or apparent conflict, the offeror, by submission of a proposal, hereby warrants that to the best of its knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procurement, as described in the clause in this solicitation titled “Organizational Conflict of Interest.”

Offeror’s Signature

The offeror hereby certifies that the information contained in these certifications and representations is accurate, complete, and current.

Typed/Printed Name

LOCAL, SMALL, AND DISADVANTAGED BUSINESS CONCERN CERTIFICATION

Submit if any below are applicable

The Provider represents and certifies as part of its proposal that it:

[ ] is a local business concern. A “Local business concern” as used in this provision, means a person, partnership, corporation or other business entity authorized to transact business in this County and having a bona fide establishment for transacting business in this County at which it was transacting business on the date when bids or proposals for the public contract were first solicited.

[ ] is a small business concern. “Small business concern,” as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121.

Certifying Agency & Certification Number (if applicable):______________

[ ] is a women-owned small business concern. “Women-owned,” as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business.

Certifying Agency & Certification Number (if applicable):______________

[ ] is a minority enterprise which, pursuant to Executive Order 11625, is defined as a business which is at least 51 percent owned by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily operations are controlled by one or more such individuals.

For the purpose of this definition, minority group members are:

(Check the block applicable to you) [ ] Black Americans [ ] Asian Pacific Americans [ ] Hispanic Americans [ ] Asian Indian Americans [ ] Native Americans [ ] Hasidic Jewish Americans

Certifying Agency & Certification Number (if applicable) ______________

Typed/Printed Name

Resolution No. ________________

SAMPLE CONTRACT

FOR

CONSTRUCTION SERVICES

THIS CONTRACT for the emergency provision of the CONSTRUCTION SERVICES ("Contract") is entered into this ______ day of ___________, 2026, by and between the County of Montgomery (“County”), and __________________________ (“Contractor”) in an amount not to exceed $___________________________.

WHEREAS, The County requested quotes for CONSTRUCTION SERVICES; and

WHEREAS, Contractor submitted a Quote in response to the County’s request; and

WHEREAS, the County Commissioners determined that Contractor’s Quote was the lowest cost that was both responsive and responsible and selected Contractor for award for the CONSTRUCTION SERVICES; and

WHEREAS, County and Contractor have negotiated this Contract as their final and entire agreement in regard to providing CONSTRUCTION SERVICES to the County.

WHEREAS, County and Contractor have negotiated this Contract as their final and entire agreement in regard to providing the CONSTRUCTION SERVICES to the County.

NOW THEREFORE, intending to be legally bound hereby, County and Contractor agree as follows:

1. The Term of this contract shall be for one (1) year.

2. The County’s Standard Terms and Conditions contained in Exhibit A shall apply to this contract.

3. Contractor shall, in accordance with the terms and conditions of this Contract, provide CONSTRUCTION SERVICES to the County as more fully defined in the attached Statement of Work, attached hereto as Exhibit B.

4. Contractor agrees to provide the CONSTRUCTION SERVICES at the price listed in its Quote, which is attached hereto as Exhibit C.

5. The Contract between the parties is comprised of the following documents, which are listed in order of precedence in the event of a conflict between these documents:

a) This Contract document;

b) The Standard Contract Terms and Conditions contained in Exhibit A;

c) The Statement of Work contained in Exhibit B; and,

d) The Contractor’s Quote contained in Exhibit C.

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

IN WITNESS WHEREOF, the parties hereto have signed this Contract the day and year first above written. Execution by the County will be as described in the Standard Contract Terms and Conditions.

Attest COUNTY OF MONTGOMERY (SEAL)

By……………………………………………………………..

Chief Clerk Montgomery County Commissioners

[CONTRACTOR’S COMPANY]

Contractor

Contractor (x) Witness to Principal

Approved as to Form:

County Solicitor

Construction Contract - Solicitor Approved v.1 (Last Edited 08/28/18)

Contract for Construction 2014K110 General Conditions Contract No.________ Page 1 of 29

COUNTY OF MONTGOMERY

GENERAL CONDITIONS

FOR THE

CONSTRUCTION CONTRACT

TABLE OF CONTENTS

ARTICLE TITLE

ARTICLE 1 DEFINITIONS

ARTICLE 2 GENERAL PROVISIONS

ARTICLE 3 THE COUNTY

ARTICLE 4 THE CONTRACTOR

ARTICLE 5 SUBCONTRACTORS

ARTICLE 6 CHANGES IN THE WOR

ARTICLE 7 TIME

ARTICLE 8 SUSPENSION OF THE WORK

ARTICLE 9 PAYMENTS

ARTICLE 10 COMPLETION AND ACCEPTANCE OF THE WORK

ARTICLE 11 PROTECTION OF PERSONS AND PROPERTY

ARTICLE 12 TERMINATION OF THE CONTRACT

ARTICLE 13 DISPUTES

ARTICLE 14 MISCELLANEOUS PROVISIONS AND LEGAL MATTERS

ARTICLE 15 INSURANCE

Contract No.________ Page 2 of 29

ARTICLE 1 - DEFINITIONS

1.1 As used in these General Conditions, and in the Contract Documents, the following terms are defined herein, unless the context clearly dictates otherwise.

a. Amendment is a written order to the Contractor, signed by the County and approved through resolution by the Montgomery County Commissioners if necessary, and issued after the execution of the Contract, authorizing a change in the terms and conditions of the Standard Form of Contract and/or the General Conditions, and/or any other Contract Documents providing terms and conditions. The Contract terms and conditions may be changed only by Amendment.

b. Change Order is a written order to the Contractor, signed by the County, and issued after the execution of the Contract, authorizing a change in the Work or an adjustment in the Contract Sum and/or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order.

c. Contract means the Contract for construction, of which these General Conditions are made a part. The documents comprising the complete Contract Documents are defined in the Standard Form of Contract if attached or, if not attached, comprises the Specification, these General Conditions, and the Contractor’s response in that order of precedence.

d. Contract Sum, or Contract Price, is the dollar amount stated in the Standard Form of Contract, including any changes authorized by fully-executed Change Orders, and is the total amount payable by the County to the Contractor for performance of the Work under the Contract.

e. Contract Time is the time allowed for substantial completion of the Work, including any changes authorized by fully-executed Change Orders.

f. Contractor shall be the entity with whom the County has entered into this Contract to construct the Project in accordance with the Contract Documents.

g. County means the County of…