847147asbesPhil.pdf

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Attached to
Contractors for Asbestos Abatement and Lead Stabilization
Solicitation number
NG10842
Issued by
Philadelphia County, Philadelphia City, Pennsylvania

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Summary of Specifications for General Service Contract NG10842

This is a specification document issued by the School District of Philadelphia's Office of Procurement Services for a general service contract to provide asbestos abatement and lead stabilization services at various school locations throughout Philadelphia, Pennsylvania. The contract encompasses asbestos abatement, lead remediation, lead abatement, lead renovation activities, and environmental cleanup at multiple district locations. Contractors must be Lead RRP certified by the USEPA and Asbestos Abatement Contractor certified by the City of Philadelphia and the Commonwealth of Pennsylvania. Services are required seven days per week, twenty-four hours per day. The specification document was issued for bid on September 28, 2026, with questions due by October 6, 2026 at 10:00 AM ET. A pre-bid conference is scheduled for October 7, 2026 at 12:00 PM ET via Zoom, and the final addendum is due October 13, 2026. Bids are due on October 20, 2026 at 11:00 AM ET, with bid opening conducted via live video stream at the same time. The School District reserves the right to award contracts to one or more responsible and responsive bidders and does not guarantee any specific number of assignments or dollar amounts to individual contractors. The School District has up to 90 calendar days from the bid opening date to award the contract, or up to 120 calendar days if delayed by required governmental approval or bond sales.

The contract establishes a not-to-exceed aggregate sum to be shared among all awarded contractors, with the specific amount determined by the School District's needs and available funds. M/WBE participation goals are set at 15-20% of contract value, with bidders required to submit either a completed M/WBE Participation Plan meeting this range or a narrative explaining reasons for non-compliance. Bid security is not required for this contract. The contractor must comply with prevailing wage requirements under the Federal Davis-Bacon Act or Pennsylvania Prevailing Wage Act, with a prevailing minimum wage determination included in the bidding documents. Contractors must demonstrate tax compliance with the City of Philadelphia and submit a Certificate of Tax Clearance with their bids. All insurance requirements, including workers' compensation, commercial general liability, and automobile liability insurance, must be included in the bid pricing. The successful bidder must execute the School District/Contractor Agreement within five calendar days of notice of award and provide required insurance policies for approval before commencing work. Contractors are subject to liquidated damages for failure to achieve substantial completion within specified timeframes, and the contract includes a one-year warranty period for defects in materials and workmanship.

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SCHOOL DISTRICT OF PHILADELPHIA

Office of Procurement Services

Third Floor – Portal A 440 N. Broad Street

Philadelphia, PA 19130 Phone: (215) 400-4830

Fax: (215) 400-4831

SPECIFICATIONS FOR

GENERAL SERVICE CONTRACT

Project Name: NG10842 - Contractors for Asbestos Abatement and Lead Stabilization

Project Location: Various Locations

SPECIFICATION NG10842 - Contractors for Asbestos Abatement and Lead Stabilization

Issued For Bid 9/28/2026

Specifications Table of Contents

SECTION 1 – BIDDING INFORMATION 3

Section 1.1 – Invitation to Bid 4 Section 1.2 – Instructions to Bidders 6 Section 1.3 –M/WBE Participation Goals Notice to Bidders 16 Section 1.4 – Bid Proposal Form 30

Attachments:

M/WBE Participation Plan Form 18 Good Faith Efforts Form 22 Vendor Compliance Acknowledgment Form 23 Prevailing Minimum Wage Determination 24

SECTION 2 - GENERAL SPECIFICATIONS 34

Section 2.1 – School District/Contractor Agreement 35 Section 2.2 - General Conditions 38 Section 2.3 – Summary of Work 105 Section 2.4 – Environmental Coordination 111 Section 2.5 – Special Insurance Requirements 119 Section 2.6 – Time of Completion, Milestones, Phasing or Sequencing Requirements 120 Section 2.7 – Modifications to General Conditions 122 Section 2.8 – Construction Facilities and Temporary Controls 123

SECTION 3 – LINKS 127

Section 3.1 – Links to Policies and Certain Applicable Laws 128

Attachment A: PSD Asbestos Abatement Spec 6 2024 129 Attachment B: Protocol for Lead-Safe Paint and Plaster Stabilization for the School District of Philadelphia 150 Attachment C: SDP OEMS Contractor Pricing Sheet 2025 178

SECTION 1 – BIDDING INFORMATION

Section 1.1 – Invitation to Bid

GENERAL SERVICE CONTRACT FOR CONTRACTORS FOR ASBESTOS ABATEMENT

AND LEAD STABILIZATION

AT VARIOUS LOCATIONS

PHILADELPHIA, PA

Sealed Bids are invited for the following Contract in connection with the above project at various schools in Philadelphia, Pennsylvania (the Project), with specifications prepared by the Office of Environmental Management and Services and the Project Manager.

General Services ……………………………… Contract No. NG10842

SCHEDULE OF DATES

ISSUED FOR BID: 9/28/2026

QUESTIONS DUE: 10/06/2026 at 10:00 AM ET

PRE-BID CONFERENCE: 10/07/2026 at 12:00 PM ET

FINAL ADDENDUM: 10/13/2026

BID OPENING/ DUE: 10/20/2026 at 11:00 AM ET

Bid Documents may be obtained on or after the Issued for Bid date listed in the Schedule of Dates from the Oracle Supplier Portal. Instructions on registering and a link to the Supplier Portal are available via the School District’s website at https://www.philasd.org/finance/#sdpvendors.

Online Support for submitting responses into the SDP’s Oracle Supplier Portal are available weekly on Tuesdays from 10:00 AM ET - 11:00 AM ET and Thursdays from 12:30 PM ET - 1:30 PM ET at:

https://philasd-org.zoom.us/j/81012958505?pwd=2Of9a4hYfLYYbKas2vlhN8WzfYpxER.1

Bids will be received until 11:00 AM ET on the Bids Due date listed in the Schedule of Dates.

All Bids received timely will be opened and read aloud by live video stream at 11:00 AM ET, October 20th, 2026.

The link to the live bid opening can be found at:

https://philasd-org.zoom.us/j/87464629484?pwd=HmdVrj5SW4CMWo5JyKnSVXYJ6rIRzv.1 (If not available when this Invitation to Bid is issued, it will be made available prior to the bid opening.)

A Pre-Bid Conference for all interested bidders will be held on the date and time listed in the Schedule of Dates via zoom at link, https://philasd-org.zoom.us/j/84413802927?pwd=bM9ekbQIMbHaCh2zjqtlfmOVY7bgYO.1

Prospective Bidders are strongly urged to review the Bidding Documents.

https://www.philasd.org/finance/#sdpvendors https://philasd-org.zoom.us/j/81012958505?pwd=2Of9a4hYfLYYbKas2vlhN8WzfYpxER.1 https://philasd-org.zoom.us/j/84413802927?pwd=bM9ekbQIMbHaCh2zjqtlfmOVY7bgYO.1

Bidders may be required to attend post-bid interviews and submit additional information before a final decision to award a contract is made.

Bid Bond or other Bid Security is not required for this Contract.

NOTE: All questions regarding the Specifications must be submitted in writing no later than ten

(10) calendar days prior to the scheduled Bid Opening to:

Cuc Chim, Buyer II

Office of Procurement Services 440 North Broad St., 3rd Floor – Portal A

Philadelphia, PA 19130 Email: cchim@philasd.org

215-400-5160

All responses will be issued by addendum.

Section 1.2 – Instructions to Bidders

1. INCORPORATION OF BACKGROUND; DEFINITIONS; GENERAL RULES OF

CONSTRUCTION

A. Background. The Owner is The School District of Philadelphia and is referred to throughout the Contract Documents as School District and as if singular in number and neutral in gender. The Board of Education or Board is the governing body of the School District of Philadelphia pursuant to the Public School Code, 24 P.S. §21-2102 and §3- 301.

B. Incorporation of Background. The above Background is incorporated by reference into the Bidding Documents and the Contract Documents.

C. Definitions. Except as expressly provided otherwise in the General Conditions of the General

Service Contract, capitalized terms have the meanings specified in Paragraph 1 of these Instructions to Bidders. Such meanings shall be applicable to both the singular and plural of the term defined. Whenever the context requires, words used in the singular shall be construed to mean or include the plural and vice versa; and pronouns of any gender shall be deemed to include and designate the masculine, feminine, and neutral genders. “Or” shall include “and/or”.

1. Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, the Bid form, the Bid Bond, other sample bidding and contract forms, Office of Procurement Services bidding and contract forms, and Office of Facilities Management and Services contract forms. The proposed Contract Documents consist of the form of Agreement between the School District and Contractor, Conditions of the Contract (General and other Conditions), Drawings, if any, Specifications and all Addenda and General Requirements issued prior to execution of the Contract.

2. Definitions set forth in the General Conditions of the General Service Contract or in other

Contract Documents are applicable to the Bidding Documents.

3. Addenda are written or graphic instruments issued by the Project Designer and the

School District, prior to the execution of the Contract, which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections.

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

5. A Bidder is a person or entity that submits a Bid.

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

7. School District or Owner means the School District of Philadelphia.

8. Board of Education or Board means the School District’s Board of Education, the current governing body appointed pursuant to the Public School Code, 24 P.S. §21- 2101 and §3-301, or any successor body. School Reform Commission or SRC means the School District’s School Reform Commission, the predecessor governing body appointed pursuant to the Public School Code, 24 P.S. §6-696.

9. Project Designer is the person or firm identified elsewhere in the Bidding and Contract

Documents performing architectural and/or engineering design services for this Project for the School District’s Office of Facilities Management and Services pursuant to a professional services contract with the School District.

10. General Service Contract or Contract – means the Contract for General Service Work on the Project, including all documents attached hereto and/or incorporated herein by reference, as amended from time to time by written amendment executed by both parties, and all modifications or revisions made in accordance with the terms hereof.

11. General Service Contractor or Contractor – means the person, firm or company awarded the Contract for General Service Work on the Project by the Board of Education.

12. Subcontractor(s) or Subconsultant(s) mean(s) any person(s), firm(s), partnership(s), corporation(s), other entity (ies), or combination thereof, or their respective duly authorized representative(s), who has (have) or will enter into a contract or consulting agreement with the Contractor to perform any Work covered by the Bidding Documents and Contract Documents.

13. School District Consultant(s) is(are) the qualified professional consulting services firm(s) performing services, other than architectural and/or engineering design services, on the Project for the School District’s Office of Facilities Management and Services pursuant to a professional services contract(s) with the School District.

D. General Rules of Construction. Except as expressly stated otherwise, all references to “Sections” or “Paragraph(s)” or “Subparagraphs” are references to Sections and Paragraphs and Subparagraphs of the Bidding Documents or Contract Documents or the Exhibits included in the Bidding Documents or Contract Documents; and all references to Exhibit(s) are references to the Exhibits included in the Bidding Documents or Contract Documents. The indexes and table of contents and headings used in the Bidding Documents and Contract Documents are for reference and convenience only, do not in any way define, limit, describe, or amplify the provisions of the Bidding Documents and Contract Documents or the scope or intent of their provisions, are not a part of the Bidding Documents and Contract Documents, and will not enter into the interpretations of the Bidding Documents and Contract Documents.

There is no order of precedence for the Bidding Documents and Contract Documents. One portion of the Bidding Documents or Contract Documents cannot be read and interpreted as to annul another portion of the Bidding Documents or Contract Documents. Each portion of the Bidding Documents or Contract Documents must be read and interpreted as being consistent with, and not in conflict with, another portion of the Bidding Documents or Contract Documents.

2. PRE-BID CONFERENCE; BID RECEIPT; BID OPENING

A. See Section 1.1 – Invitation to Bid for the time and place of the Pre-Bid Conference, if such Conference has been scheduled for this Project.

B. Bid Documents may be obtained on or after the date listed in the Invitation to Bid by download from the link to the Oracle Supplier Portal on the School District’s website at link, https://www.philasd.org/finance/#sdpvendors. Bids must be submitted electronically using the Oracle Supplier Portal.

C. Due to the restrictions in place for COVID-19. including practicing personal distancing, the School

District has decided to conduct the opening of the Bids virtually through a live stream until further notice. All timely received Bids will be opened and read aloud at a virtual bid opening at the date and time specified for the Bid Opening in the Invitation to Bid. Bids received after this date and time is called shall be returned. The link to the live bid opening can be found at

3. DISQUALIFICATION, SUSPENSION OR DEBARMENT

A. Disqualification, Suspension or Debarment of Bidders: The School District shall solicit or accept bids from and shall award contracts to or consent to subcontracting only with responsible bidders. Bidders, contractors, or affiliates may be disqualified, suspended or debarred as not responsible to protect the School District's and the public's interest in accordance with the standards and procedures adopted by the School District and any other applicable law.

The School District will not award a contract to, or enter into a contract with, a Bidder if the Bidder proposes to use a Subcontractor that has been debarred, suspended or disqualified from contracting or subcontracting by any federal, state or local governmental entity, including the School District of Philadelphia, or the School District determines that the Bidder’s proposed Subcontractor is not a responsible vendor. A responsible vendor is defined as a vendor that has the financial responsibility, integrity, experience in the industry, efficiency, promptness, faithfulness, and apparent ability and capacity to successfully perform the work of a contract on a School District facilities project according to its terms, requirements, plans and specifications.

Board Policy No. 610.1 entitled “Termination of Contracts and Disqualification, Suspension, or

Debarment of Vendors and its Administrative Procedures can be found on the School District’s website at link, https://www.philasd.org/schoolboard/policies/. Board Policy No. 610.1 and its Administrative Procedures are incorporated by reference into the Bidding Documents and Contract Documents.

4. BIDDER’S REPRESENTATIONS

The Bidder, by making a Bid, represents that:

1. The Bidder has read and understands the Bidding Documents and the Bid is made in accordance therewith.

2. The Bidder has read and understands the Bidding Documents or proposed Contract Documents, including Section 2 – GENERAL SPECIFICATIONS, to the extent that such documentation relates to the Work for which the Bid is submitted, for other portions of the Project, if any, being bid concurrently or presently under construction.

3. The Bidder has visited the Project site, has become familiar with local conditions under which the

Work is to be performed and has correlated the Bidder’s personal observations with the requirements of the proposed Contract Documents.

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

5. BIDDING DOCUMENTS

A. COPIES

1. Bidders may obtain complete sets of the Bidding Documents electronically from the issuing office designated in the Invitation to Bid by download from the link to the Oracle Supplier Portal on the School District’s website at https://www.philasd.org/finance/#sdpvendors.

2. Bidders shall use complete sets of Bidding Documents in preparing Bids. Neither the School

District nor Project Designer assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

https://www.philasd.org/schoolboard/policies/

3. In making copies of the Bidding Documents available on the above terms, the School District and the Project Designer do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant permission for any other use of the Bidding Documents. Bidding Documents shall be available for review only at locations indicated in the Invitation to Bid. The Bidding Documents shall be available for review only and not for estimating purposes.

B. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

1. The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently, if any, to the extent that it relates to the Work for which the Bid is submitted, shall examine the Project site and local conditions, and shall at once report to the Project Designer and the School District errors, inconsistencies or ambiguities discovered.

2. Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make an oral or written request, which shall reach the Project Designer and the School District at least 10 calendar days prior to the date for receipt of Bids.

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

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

4. The Bidder shall not engage in pre-bid or post-bid communications or negotiations with the

School District or any of its employees, agents or representatives that seek to modify or change the terms and conditions of the Bidding Documents or Contract Documents, as such pre-bid or post-bid communications or negotiations violate Pennsylvania law.

C. SUBSTITUTIONS (OR EQUAL): (NOT APPLICABLE TO THIS CONTRACT)

D. ADDENDA

1. Addenda to the Bidding Documents will be issued on the School District’s website at the link, https://docs.google.com/spreadsheets/d/1EU5i4DNRPpBTLd2jdqgtdxDfm0_TPRctvnbNJG Q16GU/edit?usp=sharing

2. No Addenda will be issued later than 5 calendar days prior to the date for receipt of Bids, except an Addendum withdrawing the request for Bids or one that included postponement of the due date for receipt of Bids.

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

6. BIDDING PROCEDURES

A. FORM AND STYLE OF BIDS

1. Bids shall be submitted on forms identical to the forms included with the Bidding Documents.

2. All blanks on the Bid form shall be filled in.

3. Where so indicated by the makeup of the Bid form, sums shall be expressed in both words and figures, and in case of a discrepancy between the two, the amount written in words shall govern.

4. Interlineations, alterations and erasures must be initialed by the signer of the Bid.

5. Each copy of the Bid shall include the legal name of the Bidder and a statement that the Bidder is https://docs.google.com/spreadsheets/d/1EU5i4DNRPpBTLd2jdqgtdxDfm0_TPRctvnbNJGQ16GU/edit?usp=sharing https://docs.google.com/spreadsheets/d/1EU5i4DNRPpBTLd2jdqgtdxDfm0_TPRctvnbNJGQ16GU/edit?usp=sharing a sole proprietor, partnership, corporation or other legal entity. Each copy of the Bid shall be signed by the person or persons legally authorized to bind the Bidder to a Contract. A Bid by a corporation shall further give the state of incorporation. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent’s authority to bind the Bidder.

B. BID SECURITY (NOT REQUIRED FOR THIS CONTRACT)

C. SUBMISSION OF BIDS

1. See Instructions to Bidders, Paragraphs Nos. 2 and 6, and the Invitation to Bid for required forms(s) and procedures for submitting Bids.

2. The Bidder shall assume full responsibility for timely submission of its Bid at the location, date and time specified for receipt of Bids in the Invitation to Bid.

3. Oral, telephone, telegraphic or facsimile Bids are invalid and shall not receive consideration.

D. MODIFICATION OR WITHDRAWAL OF BID

1. An erroneous Bid may be withdrawn by the Bidder after the Bid opening but before the Contract

Award based on a Bid mistake if the Bidder requests relief in writing and presents credible supporting evidence to the School District’s Director of Maintenance or his designee, within 2 business days after the Bid opening, that the reason for the substantially lower Bid price is a clerical mistake as opposed to a judgment mistake, and is actually due to an unintentional and substantial arithmetical error or an unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the Bid, and the withdrawal of the Bid would not result in the awarding of the Contract on another Bid of the same Bidder, their partner, or to a corporation or business venture owned by or in which the same Bidder has a substantial interest, as required by the Withdrawal of Bids statute, 73 P.S. §1602.

2. No Bidder who is permitted to withdraw a Bid shall supply any material or labor to, or perform any subcontract or other work agreement for any person to whom a Contract or Subcontract is awarded in the performance of the Contract for which the withdrawn Bid was submitted, without the written approval of the School District, as required by the Withdrawal of Bids statute, 73 P.S.

§1602.

3. After the Bidder’s Bid is withdrawn pursuant to this Paragraph, the School District shall have the right to award the Contract to the next lowest responsible and responsive Bidder or to reject all bids and resubmit the Project for bidding, in accordance with the Withdrawal of Bids statute, 73 P.S. §1603. If the School District resubmits the Project for bidding, the withdrawing Bidder shall pay the costs, in connection with the resubmission, if the School District finds that such costs would not have been incurred but for the withdrawal of the withdrawing Bidder’s Bid; and, in no event, shall the withdrawing Bidder be permitted to resubmit a bid for the Project, in accordance with the Withdrawal of Bids statute, 73 P.S. §1603.

4. Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by the Bidder by notice to the party receiving the Bids at the location designated for receipt of Bids in the Invitation to Bid (Oracle Supplier portal at link, https://www.philasd.org/finance/#sdpvendors). Such notice shall be in writing over the signature of the Bidder. A change shall be so worded as not to reveal the amount of the original Bid. Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders.

7. CONSIDERATION OF BIDS

A. OPENING OF BIDS

1. The properly identified Bids received on time shall be opened publicly and shall be read aloud at the virtual bid opening.

B. REJECTION OF BIDS

1. The School District shall have the right to reject any or all Bids, reject a Bid not accompanied by data or documents required by the Bidding Documents, or reject a Bid which is in any way incomplete or irregular, or reject any or all bids when such rejection is in the best interest of the School District.

C. NON-RESPONSIVE BIDS

1. Any submitted Bid which is not based upon the Drawings, if any, Specifications, or any other

Bidding Documents or Contract Documents, or which contains any qualifying language, or is accompanied by any letter or memorandum that qualifies or changes the Drawings, if any, Specifications, Conditions of the Contract (General or other), or any other Bidding Document or Contract Document, shall be rejected; and the Bid of the Bidder shall be deemed to be “non-responsive”.

2. Any language contained in a Bid, or any language, letter or memorandum accompanying a Bid, that qualifies or changes the Drawings, if any, Specifications, Conditions of the Contract (General or other), or any other Bidding Document or Contract Document shall not, under any circumstances, be deemed to be binding on the School District.

D. ACCEPTANCE OF BID (AWARD)

1. It is the intent of the School District to award one or more Contracts to the lowest responsible and responsive Bidder(s) provided its (their) Bids has (have) been submitted in accordance with the requirements of the Bidding Documents and do not exceed the funds available. The School District shall have the right to waive informalities or irregularities in a Bid received and to accept the Bid or Bids that, in the School District’s judgment, is or are in the School District’s own best interests. The School District has up to 90 calendar days from the date of opening of bids for the Contract to award the Contract to the lowest responsible and responsive bidder, pursuant to the Public School Code, 24 P.S. §7-751. The School District may extend the date of the Contract Award for a mutually agreed-upon time period, upon the mutual written consent of the lowest responsible and responsive bidder, which consent shall not be unreasonably withheld. 24 P.S.

§7-751. The School District has up to 120 calendar days from the date of opening of bids for the Contract to award the Contract to the lowest responsible and responsive bidder, pursuant to the Public School Code, 24 P.S. §7-751, if the award of the Contract is delayed by the required approval of another governmental agency, the sale of bonds, or the award of a grant.

2. If for any reason whatsoever, the School District rejects Bidder’s Bid, Bidder agrees that it shall not seek to recover lost profits on work performed nor shall it seek to recover its Bid preparation costs.

E. POST BID CONFERENCE

1. The apparent low bidder is required to attend an in-person or video Post-Bid Conference to be held at School District headquarters on the day after bids are opened to review and confirm its bid. The exact time for the in-person or video Post-Bid Conference will be confirmed at the bid opening. A principal of the bidder or representative authorized to make binding commitments must attend the meeting.

8. PERFORMANCE BOND, LABOR AND MATERIALMEN’S BOND AND MAINTENANCE BOND

(NOT REQUIRED FOR THIS CONTRACT)

9. BUSINESS DIVERSITY POLICY; MBE/WBE PARTICIPATION REQUIREMENTS

A. Business Diversity Policy:

The Board of Education has adopted a diversity policy, Policy 612 entitled “Business Diversity in the Procurement of Materials and Contracted Services” (hereafter called “Diversity Policy”), which relates to the solicitation and participation of Certified Minority-Owned Business Enterprises, Certified Women-Owned Business Enterprises (collectively “M/WBE”), and other Certified diverse, small, or disadvantaged businesses in School District procurements and contracts to further the School District’s diversity and anti-discrimination goals. In furtherance of the Diversity Policy, the School District has the discretion to establish participation rates and ranges for Certified M/WBEs and other Certified diverse, small, or disadvantaged businesses in order to encourage meaningful participation of M/WBEs and other Certified diverse, small, or disadvantaged businesses in the provision of quality goods and services to the School District.

Board Policy 612 and its Administrative Procedures can be found on the School District’s website, at link, https://www.philasd.org/schoolboard/policies/. Board Policy No. 612 and its Administrative Procedures are incorporated by reference into the Bidding Documents and Contract Documents.

B. Minority/Women-Owned Business Enterprise Participation Plan:

The Bidder shall submit with its Bid either: (i) a completed Minority/Woman-Owned Business

Enterprise (MWBE) Participation Plan (“M/WBE Participation Plan”) that meets the Participation Range for the Contract set forth in the M/WBE Participation Goals Notice to Bidders in the Bidding Documents and lists the names, addresses, dollar amounts and scope of work to be performed by the minority-owned business enterprises (MBEs) and woman-owned business enterprises (WBEs), or (ii) a brief narrative explaining its reasons for not submitting a M/WBE Participation Plan that meets the Participation Range set forth in the M/WBE Participation Goals Notice to Bidders in the Bidding Documents.

Submission of the M/WBE Participation Plan is an element of bid responsiveness. Failure to submit a completed M/WBE Participation Plan or a narrative explaining the reasons that the M/WBE Participation Plan could not be met may result in the rejection of a Bid.

10. EXECUTION OF AGREEMENT

A. The Bidder to whom the Contract is awarded by the School District shall, within 5 calendar days after Notice of Contract Award and receipt of the Contract Documents from the School District, electronically sign the School District/Contractor Agreement, a copy of which is included in the Bidding Documents, in the School District’s Docu-Sign System.

B. At or prior to delivery of the signed School District/Contractor Agreement, the Bidder shall electronically deliver to the School District the policies of insurance or insurance certificates as required by the General Conditions and General Specifications of the General Service Contract.

All policies or certificates of insurance shall be approved by the School District before the successful Bidder may proceed with the Work.

11. AS-IS CONDITION; EXAMINATION OF CONDITIONS AFFECTING WORK

A. By execution of the Contract, the successful Bidder agrees that it accepts the Project site in https://www.philasd.org/schoolboard/policies/ whatever condition it is in on the date the Contract is executed, without representation or warranty of any kind, expressed or implied, by the School District or by any other person or entity. Prior to submitting a Bid, each Bidder shall examine and familiarize itself with all existing conditions, including all applicable laws, codes, ordinances, rules and regulations that shall affect the Work.

To assist in this process, the School District shall make available to any Bidder, at its offices designated in the Invitation to Bid, all of the existing conditions, studies and related material in its possession. Bidders are urged to familiarize themselves with such documents and data.

B. Bidders shall visit the Project site and ascertain by any reasonable means all conditions that shall in any manner affect the Work. Prior to submitting a Bid, Bidders shall request in writing from the School District or Project Designer, any additional information that they deem necessary in order to be fully informed so as to be able to submit their Bid. Any information referred to in this Paragraph 11 of these Instructions to Bidders and furnished to Bidders is furnished for informational purposes only and does not form any part of the Contract. The School District makes no representation as to the accuracy or completeness of the information, which is furnished, and the delivery thereof shall not be deemed to constitute such representation. It shall be the Bidder’s responsibility to take such additional steps as the Bidder deems necessary to satisfy itself as to the conditions of the Project site and to include in its Bid sufficient allocations for unknown or unidentified conditions. Any information furnished shall not be legally binding on the School District under this Paragraph 11 unless issued by Addendum.

C. The Drawings, if any, have been prepared by the Project Designer on the basis of surveys and inspections of the Project site, and represent a reasonably accurate indication of the physical conditions at the Project site. This, however, shall not impose responsibility or liability therefore on the School District and shall not relieve the Bidder of the necessity for fully informing itself as to existing physical conditions. The School District makes no representation as to the accuracy or completeness of such Drawings, if any, and the delivery or use of such Drawings, if any, shall not be deemed to constitute such a representation by the School District.

D. By submitting a Bid, each Bidder acknowledges that there have been, or shall be, contractors or consultants that have performed or shall perform work or services on the Project site pursuant to contracts with persons or entities other than the School District. The School District shall accept no responsibility for the work or services of such other contractors or consultants. It shall be the successful Bidder’s responsibility to resolve disputes and coordinate with all other contractors or consultants (whether or not the School District is party to the contract with that contractor or consultant), which have performed or are performing work or services at the Project site.

Similarly, each successful Bidder shall be responsible to such other contractors or consultants, which have performed or are performing work or services at the Project site, if the Bidder’s actions, errors or omissions cause any damage or delay to such other contractors or consultants.

E. Bidders shall be responsible for being thoroughly familiar with all conditions affecting labor in the neighborhood of the Project, including but not limited to unions, incentive pay, procurement, living and commuting conditions, and wage decisions applicable to the Work. The Bidder shall assume responsibility to the School District for all costs resulting from the failure to verify all conditions affecting labor. Each Bidder shall be responsible for the maintenance and observance of sound labor practices by itself and its Subcontractors, and shall take all steps reasonably necessary to avoid labor disputes and the potential delay and disruption arising therefrom. In particular, the Bidder shall assure that the trade union affiliations of persons employed by it and its Subcontractors in the performance of the Work are compatible with the employees of other Contractors and their Subcontractors on the Project site, if any.

F. By receipt of the Bidding Documents, each Bidder acknowledges that the School District may undertake or award other contracts while the Bidder is performing the Work. As more fully set forth in the General Conditions of the General Service Contract, the successful Bidder shall need to coordinate its Work with the work or services of other contractors or consultants on the Project.

Each Bidder must take such coordination obligation into account in submitting its Bid.

12. SCHEDULE

The Bidder’s attention is directed to the schedule information stated in General Specifications, Section 2.6 “Time of Completion, Milestones and Phasing or Sequencing Requirements.”

13. CONTRACT TIME

The Bidder’s attention is directed to the dates of Substantial Completion and Final Completion and any Project milestone or interim completion dates established for this Work stated in General Specifications, Section 2.6 “Time of Completion, Milestones and Phasing or Sequencing Requirements.”

14. COMPLIANCE WITH LAWS

The Bidder shall comply with all federal, state and local statutes, laws, rules, regulations and ordinances, including those of any public authorities connected with the Project.

15. GENERAL REQUIREMENTS

Section 2 - GENERAL SPECIFICATIONS shall apply to the single Contract or all multiple separate Contracts on the Project.

16. CONSTRUCTION PROJECT PARTNERSHIP AGREEMENT; PROJECT LABOR AGREEMENT

(NOT APPLICABLE TO THIS CONTRACT)

17. TAX COMPLIANCE

A. Tax Compliance. It is the policy of the School District of Philadelphia (“School District”) to ensure that firms, businesses and other legal entities receiving School District contracts are current in their payment of City of Philadelphia (“City”) taxes and School District taxes or other indebtedness owed to the City or the School District, including but not limited to taxes collected by the City on behalf of the School District, at the time of contract award. Pursuant to SRC Resolution SRC-2 dated February 21, 2013, the School District’s School Reform Commission (“SRC”) has adopted a Tax Compliance of Vendors Policy which provides that generally, the SRC will not authorize the award of a School District contract to a firm, business or other legal entity that is delinquent in its payment of City or School District taxes or other indebtedness owed to the City and/or the School District at the time of contract award. The Board of Education (“Board”), the current governing body of the School District, will not authorize the award of a School District contract to a firm, business or other legal entity that is delinquent in its payment of City or School District taxes or other indebtedness owed to the City and/or the School District at the time of contract award.

All firms, businesses and other legal entities wanting to receive a School District contract or receiving a School District contract shall comply with all of the terms and conditions of the Tax Compliance of Vendors Policy, which is set forth in detail in GC- 2.10 of the General Conditions.

B. Before submitting a Bid, the Bidder shall check its tax compliance status with the City Revenue

Department Tax Clearance Unit by going to the City Revenue Department website for tax compliance system (https://tax-services.phila.gov/_/), selecting “Vendor/Contractor” as the reason for compliance, and then submitting its name, type and tax identification number.

https://tax-services.phila.gov/_/

C. The Bidder shall submit its City of Philadelphia Certificate of Tax Clearance with its Bid.

18. PREVAILING WAGES

This Contract is subject to the requirements of the Federal Davis-Bacon Act or the Pennsylvania Prevailing Wage Act and other related statutes and regulations governing wages, hours and conditions of employment, which are set forth in detail in Paragraph 17.20 Compliance with Davis-Bacon Act and Davis-Bacon Act Regulations of the General Conditions or Paragraph

17.20 Compliance with Pennsylvania Prevailing Wage Act and Prevailing Regulations of the General Conditions, whichever is applicable to the General Service Work and the Project.

The Contractor is required, among other things, to comply with the Prevailing Minimum Wage

Determination included in the Bidding Documents.

Section 1.3 –M/WBE Participation Goals Notice to Bidders

This Bid is issued under the Board of Education Policy 612: BUSINESS DIVERSITY IN THE PROCUREMENT OF MATERIALS AND CONTRACTED SERVICES. A fundamental requirement of the Policy is that all contractors, vendors and consultants who contract with the District provide a full and fair opportunity for the participation of Minority and Woman-Owned firms (MWBEs) in the performance of the contract. Ranges of participation have been established that represent meaningful and substantial participation for this contract based upon the availability of bona fide MWBE firms in the Philadelphia Metropolitan Statistical Area. The range of participation is:

M/WBE Range: 15%-20%

The Participation Form must be completed and submitted with the bid. Bidders are advised to carefully review the instructions. Failure to comply may result in disqualification.

This range of participation for this bid may be amended or adjusted.

All questions about Policy 612: Business Diversity In The Procurement Of Materials And Contracted Services and compliance requirements should be directed to the Office of Minority and Small Business Development, Project Manager, Richard Brown, at rkbrown@philasd.org or 215-400-6061.

mailto:rkbrown@philasd.org

M/WBE PARTICIPATION DOCUMENTS

1. M/WBE PARTICIPATION PLAN*

2. VENDOR COMPLIANCE ACKNOWLEDGEMENT FORM*

3. GOOD FAITH EFFORTS FORM**

(* Must be submitted with All Bids)

(** Must be submitted with Bid if Participation Goals are not met)

M/WBE Participation Plan Form Instructions

MWBE Participation Plan Submission & Form Completion Requirements:

The M/WBE Participation Plan Forms must be submitted with all vendor responses to the solicitation.

Failure to submit and complete the appropriate MWBE Participation Plans Forms will deem the Prime Contractor’s response to this solicitation as non-responsive and subject the response to disqualification.

1. Prime Contractor Responsibilities:

○ Complete Section I, ensuring all rows are filled, dated, and/or signed with the Prime

Contractor’s information.

○ If the Prime Contractor is a certified Small Business or Minority and/or Women Owned vendor, include a copy of the valid certification. Section II is not required should the Prime Contractor be a certified Small Business or Minority and/or Women Owned vendor.

○ If the Prime Contractor is not already a certified Small Business or Minority and/or

Women Owned vendor, specify the approximate percentage and/or dollar amount of the commitment to each certified MWBE subcontractor upon award on the following pages:

■ Section II. – "Approximate $ amount of Subcontract” or “Subcontract % of Total

Contract Amount”

○ The Prime Contractor is also responsible for completing the Procurement Vendor Compliance Acknowledgement Form, following the MWBE Participation Plan Forms.

2. Subcontractor Responsibilities:

○ Each Subcontractor must complete Section II., ensuring all sections are filled, dated, signed and returned to Prime to include in the original submission.

○ If a Subcontractor is a certified vendor, include a copy of the valid certification.

○ Failure to complete Page II. correctly will deem the entire M/WBE Participation Plan Form and vendor response as non-responsive, subjecting the Prime Contractor’s response to disqualification.

3. Additional Subcontractors:

○ If needed, use multiple copies of Section II for each additional Subcontractor.

○ Multiple certified Small Business/MWBE sub-contractors can be utilized to meet the required MWBE Goal referenced within this Bid/RFP document.

4. Diversity Certifications:

○ Include copies of all active and current Small Business and/or MWBE certifications for both the Prime Contractor and/or any Subcontractors, as applicable.

○ All certifications must be current at the time of submission.

5. MWBE Goal Compliance:

○ If the MWBE Goal cannot be met, the Prime Contractor must:

■ Utilize Section III to provide an explanation and;

■ Submit evidence of Best Efforts for review and compliance by the Office of

Procurement Services. This includes completing the table within Section III and listing at least three (3) sub-contractors that have been contacted to meet the goal set forth as a percentage or Best Efforts.

○ Note: Section III is not required if the Prime Contractor and/or Sub-Contractor has met the MWBE Goal by completing Section I and/or Section II.

OFFICE OF PROCUREMENT SERVICES

OFFICE OF MINORITY AND SMALL BUSINESS DEVELOPMENT

Minority/Women-Owned Business Enterprise (M/WBE) Participation Plan

I. Information in this section refers to the Prime Contractor/Vendor.

Company Name: Federal Tax ID:

Address: Phone Number:

City: State: Zip Code:

DBA (if applicable): Fax Number:

Primary Contact Person: Primary Contact

Email:

Compliance Contact: Compliance

Contact Email:

Bid/RFP Number: Contract Overall

MWBE Goal:

Diversity Business Certification to be used on this contract(s): Check all that apply and INCLUDE a copy of the certification.

☐ Minority-Owned Business Enterprise (MBE) ☐ Women-Owned Business Enterprise (WBE) ☐ Federally Certified Disadvantaged Business Enterprise (DBE) ☐ Small Business Enterprise (SBE) ☐ Disabled Owned Business Enterprise (DSBE) ☐ Veterans Business Enterprise (VBE) / Certified Service-Disabled Veterans ☐ Business Enterprise (SDVBE) ☐ LGBT Business Enterprise (LGBTBE) ☐ Diversity Business Certifying Agency: __________________________ ☐ None Authorized Representative Signature:

Print Name:

Title: Date:

Certifying Agency Certification

No.

☐ The School District of Philadelphia NON-Profit Registration Certificate Date certificate approved:_____________ Certificate expiration date._______________ Non-profit certification is renewed annually by the vendor.

For School District of Philadelphia, Office of Procurement ONLY:

For School District Employee signature ONLY:____________________________Date:_________________

II. This section pertains to the subcontractors involved throughout the entire duration of this contract. Use Section II of this form for each additional subcontractor as needed. Please include copies of all relevant certifications.

Company Name: Federal Tax ID:

Address: Phone Number:

City: State: Zip Code:

DBA (if applicable): Fax Number:

Primary Contact Person: Primary Contact

Email:

Compliance Contact: Compliance

Contact Email:

Description of Services Provided:

Approximate $ amount of Subcontract:

Subcontract % of Total Contract Amount:

Diversity Business Certification to be used on this contract(s): Check all that apply and INCLUDE a copy of the certification.

☐ Minority-Owned Business Enterprise (MBE) ☐ Women-Owned Business Enterprise (WBE) ☐ Federally Certified Disadvantaged Business Enterprise (DBE) ☐ Small Business Enterprise (SBE) ☐ Disabled Owned Business Enterprise (DSBE) ☐ Veterans Business Enterprise (VBE) / Certified Service-Disabled Veterans ☐ Business Enterprise (SDVBE) ☐ LGBT Business Enterprise (LGBTBE) ☐ Diversity Business Certifying Agency: __________________________ ☐ None – not applicable

Authorized Representative Signature:

Print Name:

Title: Date:

☐ The School District of Philadelphia NON-Profit Registration Certificate Date certificate approved: _____________ Certificate expiration date: _______________

Non-profit certification is renewed annually by the vendor.

For School District of Philadelphia, Office of Procurement ONLY:

For School District Employee signature ONLY:____________________________ Date:_________________

THE SIGNER COMMITS TO PROVIDE SERVICES OR SUPPLIES AS DESCRIBED ABOVE AND WILL

ENTER INTO A FORMAL AGREEMENT WITH THE BIDDER/PROPOSER CONDITIONED ON THE

BIDDER/PROPOSER’S EXECUTION OF A CONTRACT WITH THE SCHOOL DISTRICT OF

PHILADELPHIA.

III. M/WBE CONTRACTOR GOOD FAITH EFFORTS FORM

The Prime Contractor/Vendor must complete information in this section if the Prime Contractor(Vendor) proposes no Small Business and/or MWBE commitment.

Bidder/Applicant’s Company:

Authorized Representative: Title:

Address:

Phone: Email:

The Bidder or Prime Contractor has the burden of demonstrating “Good Faith Efforts'' to meet the diverse contracting goals. I certify that the following certified Minority/Women Business Enterprises were contacted to obtain a quote for work to be performed on the above-mentioned project/contract. List the certified firm's information: date, name, certification, contact person, contact phone number, type of work to be performed, and the estimated budgeted amount for each vendor, along with results of contact (please use the list below to indicate the result).

Date Certified Firm

Name Firm’s

Certification(s) Firm’s

Contract Person

Firm’s Contact Phone #

Type of Work

Estimated Budgeted Amount for Certified Firm

Results (select from the list below)

To the best of my knowledge and belief, said certified Minority/Women Business Enterprise contractor(s) was/were not selected, unavailable for work on this project, or unable to provide a quote for the following reasons: Please give the appropriate reasons given by each MBE/WBE firm contacted above. See the list below of results based on the contacted certified M/WBE vendor:

A. Firm agreed to sub-contract and will enter into a formal agreement with the bidder

B. Did not have the capability/capacity to perform the work

C. Contract too small

D. Remote location / No presence in that area

E. Received solicitation notices too late

F. Did not want to work with this contractor

G. Other (give reason)

The Prime Contractor attests that it submits the following as evidence of its good faith efforts to find and retain certified minority and women-owned business enterprises in connection with this Bid or Proposal.

Authorized Representative Signature:

Print Name:

Title: Date:

PROCUREMENT VENDOR COMPLIANCE ACKNOWLEDGEMENT FORM

The Pennsylvania Public School Code authorizes the Board to adopt policies and procedures and to make rules and regulations to manage school affairs and fiscal well-being of the District, including with respect to competitive procurements and vendor responsibility. The School District of Philadelphia requires contracted vendors to comply with the policies and procedures adopted by the Board of Education. The School District of Philadelphia will maintain comprehensive records regarding the entire scope of the procurement process, post-award compliance, and administration of the M/WBE participation and compliance adherence process.

I, {Company Name}, do hereby acknowledge and agree to the following:

1. I have read, and carefully reviewed this Invitation for Bid (IFB) and understand the benchmarks and measurements to achieve diversity goals as outlined for M/WBE Participation. Board of Education Policy 612 Business Diversity in the Procurement of Materials and Contracted Services further outlines Business Diversity Goal requirements.

2. I understand that the completion and submission of the M/WBE Participation Plan Form and the supplementary documentation to support if applicable is an element of responsiveness to this IFB. Failure to submit this documentation with the proposal and/or evidence of Good Faith Efforts will result in rejection of the IFB.

3. If awarded a contract, I understand and will comply with all contract monitoring, compliance, and enforcement guidelines, including but not limited to recordkeeping and ongoing reporting on contract diversity outcomes that offer the maximum practicable opportunity for qualified and certified M/WBEs and other disadvantaged enterprises to participate throughout all phases of the contract and any subsequent contract amendment. Such as:

● Monthly and Quarterly post-award compliance reporting via the School District of Philadelphia Oracle Supplier Compliance System to ensure that the vendor meets diversity participation commitments and other contract requirements.

● Ongoing monitoring of prime contractors’ payments to M/WBEs and other contractors utilized through payment reporting and acceptance of payments by sub-contractors.

● Participating in ongoing training related to vendor compliance and reporting requirements.

4. I understand that non-compliance with vendor compliance reporting and/or diversity participation commitments throughout the life of the contract may result in any of the following events, including but not limited to: withholding of payments, contract termination, suspension, disqualification, debarment, or other sanctions and penalties for failure to comply.

5. I agree to conduct business with the highest levels of ethical standards and agree to comply with all applicable requirements at all times.

Receipt and Acknowledgement

By signing below, I agree that I have read both this acknowledgement statement and the referenced policies in their entirety. I understand that I am subject to these policies whether or not the acknowledgement form is signed. Lack of confirmation of receipt of the acknowledgement form does not exempt a vendor or contractor from Board policy enforcement.

Company Name:

Company Representative:

Signature:

Title: Date:

Company’s Compliance Officer:

Email Address of Company’s Compliance Officer:

https://www.philasd.org/schoolboard/wp-content/uploads/sites/892/2020/01/612_Business-Diversity_Policy_November.pdf https://www.philasd.org/schoolboard/wp-content/uploads/sites/892/2020/01/612_Business-Diversity_Policy_November.pdf

Section 1.4 – Bid Proposal Form

CONTRACT FOR CONTRACTORS FOR ASBESTOS ABATEMENT AND LEAD STABILIZATION

AT VARIOUS LOCATIONS

Contract No. NG10842

TO: The School District of Philadelphia OWNER

Office of Procurement Services ADDRESS

The School District of Philadelphia 440 North Broad Street Third Floor – Portal A Philadelphia, PA 19130

FROM:…

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