9-Front Ends Gallatin School City Mission DRAFT Project B nmb.pdf

CONTRACT DOCUMENTS

The Redevelopment Authority of City of Uniontown on behalf of

City Mission Living Stones, LLC.

Uniontown Pennsylvania

Historic Gallatin School Living Centre Preservation Phase 2

ME#4154-00

Project B

31 July 2025

“This project was financed (in part) by the Redevelopment Assistance

Capital Program (RACP) in cooperation with The Redevelopment Authority for the City of Uniontown (RACU).”

Prepared by:

The City of Uniontown, Redevelopment Authority

Redevelopment Assistance Capital Program

20 North Gallatin Street, Suite 216

Uniontown, PA 15401

Tel:(724) 438-7968 director@uniontownredevelopment.com

In Cooperation with:

Lee CALISTO architecture+design

Address: 24 Cypress

Avenue, Greensburg, PA. 15601

Tel: 724-832-7030 mailto:director@uniontownredevelopment.com

Historic Gallatin School Living Centre ME#4154-00

Phase 2: Project A

Items with asterisks shall be submitted with bid proposals.

Table of Contents

Contents Invitation For Bids

Attention Contractors

Instructions to Bidders

Contract Provisions

*BidForm* (Form of Proposal) Mission Apartments – Phase 2: Project A

............................................. Error! Bookmark not defined.

*Bid Bond*

*Non-Collusion Affidavit of Prime Bidder*

*Statement of Bidder’s Qualifications*

*Public Works Employment Verification Form*

*Certification of Non-Segregated Facilities & Non- Employment of Illegal

Alien Labor*

*Certification of Bidder Regarding Equal Employment Opportunity*

*W-9 Request for Taxpayer Identification Number & Certification*

*Safety Guidelines and Requirements*

*CDLProgram – Contractor’s Statement of Compliance*

*Worker’s Compensation Affidavit*

Attachment A – MBE/WBE/Section 3 Bidder Instructions

*Attachment B – MBE/WBE/Section 3 Form DCED CCD-286*

Attachment C – MBE/WBE/Section 3 Department of General Service Guide... 98

Attachment D – MBE/WBE/Section 3 Debarment and Suspension Search

*Attachment E –System forAward Management (SAM) Guide*

Attachment F- RACP Key Compliance Guidelines

COMPETITIVE BIDDING REQUIREMENTS

PENNSYLVANIA STEEL PRODUCTS PROCUREMENT ACT

TRADE PRACTICES ACT

PUBLIC WORKS CONTRACTORS’ BOND LAW (PAYMENT & PERFORMANCE BONDS)

PA PREVAILING WAGE ACT (PWA)

AMERICANS WITH DISABILITIES ACT (ADA)

FIDELITY BONDS

INSURANCE REQUIREMENTS

RESTRICTIONS ON GOVERNMENTAL ENTITIES SELLING RACP PROJECTS

Attachment G - Guidance of Steel Certification

Attachment H - List of Exempt Machinery and Equipment Steel Products.. 134

Attachment I - Steel Certification Forms

Notice of Intent to Award

*Construction Performance Bond*

*Construction Payment Bond*

Notice of Award

*Contract Agreement*

Notice to Proceed

Change Order

*Maintenance Bond*

Certificate of Substantial Completion

*Affidavit of Payment & Release of Liens*

Contractor’s Application for Payment

*Waiver of Lien*

Contract Conditions & General Specifications

Supplementary Conditions

Weekly Payroll Reporting Form (WH- 347)

Appendix J – Wage Rates

Pa Prevailing Wage

Appendix K – Technical Specifications

IF NEEDED ADD TO TABLE OF CONTENTS

APPENDIX C - ASBESTOS PROGRAM INFORMATION

• Fact Sheet – Asbestos Program for Contractors working in Pennsylvania

• Fact Sheet – Understanding Asbestos

• Online Asbestos Notification System

• Subpart M – National Emission Standard for Asbestos

• Demolition Poster

APPENDIX D - PHOTOGRAPHS

APPENDIX E - ASBESTOS INSPECTION REPORT FOR STRUCTURE TO BE DEMOLISHED

APPENDIX F - DEMOLITION PLAN AND LANDSCAPE PLAN

APPENDIX G – SOIL EROSION AND SEDIMENT CONTROL NOTES & DETAILS

Contacts:

Administrator

Name: Crystal Simmons

Title: Executive Director

Phone: 724-438-7968, Email: director@uniontownredevelopment.com

Architect:

Name: Lee Calisti, AIA

Title:

Principal/Owner lee CALISTI architecture+design

Phone: 724-832-7030

Email: lee@leecalisti.com

NOTE:

PLEASE DO NOT REMOVE ANY PAGES FROM THIS

PROJECT MANUAL.

SUBMIT APPROPRIATE BID PACKAGE.

Invitation For Bids

INVITATION FOR BIDS

The Redevelopment Authority for the City of Uniontown (Authority), an "Equal Opportunity

Employer”, will receive bids Contract RACP ME#5154-00 for City Mission Living Stones, Inc. (Owner), for the new Historic Gallatin School Living Centre Preservation – Phase 2, Uniontown, PA 15401, according to the drawings and specifications dated 31 July 2025 prepared by the Architect, lee CALISTI architecture+design and the Owner's Civil

Engineering Consultant's Harshman CE Group LLC until 3:00 PM, August 21, 2025. All bids will be reviewed by 4:00 PM, at 20 North Gallatin Ave, Suite 216, Uniontown, pa. 15401

Faxed, emailed, or hand delivered bids will not be accepted.

This service will be funded through the Redevelopment Assistance Capital Program (RACP).

Key Compliance Guidelines for RACP will be included in the contract documents.

Phase 2B: The contract includes all window demolition and replacement. The G.C. shall be careful not to harm any neighboring property and clean up any dirt that may go offsite or onto a neighbor's or City property.

Each bid (form of proposal) shall be accompanied by a bidder’s bond, or certified check or cashier’s check, in favor of The City Mission in the amount of not less than ten (10%) percent of the total of the Bid. The Owner reserves the right to waive any informality in and to accept or reject any and all bids. No bid may be withdrawn for a period of sixty (60) days.

Bidders must submit with their bids the Non-Collusion Affidavit contained in the contract documents.

Financial Assistance provided by the Commonwealth of Pennsylvania, Honorable Josh Shapiro

Governor

This project is financed in part by a grant from the Redevelopment Assistance Capital

Program (RACP in cooperation with The City of Uniontown, Redevelopment Authority and is subject to all related RACP regulations. The Pennsylvania Prevailing Wage Act will apply to this contract. The contract documents contain requirements addressing labor wage rates, labor standards, nondiscrimination in hiring practices, goals for minority and female participation, MBE and WBE participation, participation by Section 3 residents and businesses, illegal alien employment prohibition, and related matters.

All contractors and sub-contractors working on this project will be required to comply with the Pennsylvania Human Relations Act No. 222, PA, Steel Products Procurement Act, Trade Practices Act, Americans with Disabilities Act and must meet guidelines and practices established by the Redevelopment Authority and City Mission and all other appropriate regulations including: 1) Executive Order 11246, 2) Section 3 of the Housing and Community Development Act of 1968, as amended. Bidders shall certify that they are not debarred from participating in state funded contracts.

The Redevelopment Authority and the City Mission do not discriminate in regard to race, color, religion, sex, ancestry, marital status, disability or the use of a guide or support animal because of physical handicap, or age, in the provision, admission, employment, sexual orientation, national origin, gender identity or expression, family responsibility or familial status.

A mandatory virtual Pre-Bid meeting will be held on Wednesday, 13 August 2025, at 12:00

AM. Email the director at director@uniontownredevelopment.com to register for this meeting.

Additional information and bid documents can be obtained at no cost on PennBid at https://pennbid.bonfirehub.com/. Bids are due until 2:00 PM, prevailing time on

Thursday, 21 August 2025, via PennBid, https://pennbid.bonfirehub.com/. All bids will be reviewed on Thursday, 21 August 2025, at 3:00 PM at Uniontown City Hall, 20 North

Gallatin Avenue, Uniontown, PA 15401. Faxed, mailed, or e-mailed bids will not be accepted. Questions regarding this project shall be submitted electronically via the "Ask a Question" feature in PennBid. Responses to questions which require addenda or changes to the Bidding Documents will be posted on PennBid. Bidders who have registered with and downloaded documents for this project from PennBid will be notified when a change or mailto:director@uniontownredevelopment.com https://pennbid.bonfirehub.com/ addenda has been posted. A special meeting will be held at that same time, following the receipt of bids, where bids will be opened, reviewed, and recorded.

ENGINEER: OWNER:

Mr. Lee Calisti Ms. Irmi Gaut, Principal/Owner Executive Director

Lee CALISTI architecture+design City Mission-Living Stones Inc.

24 Cypress Avenue, 155 North Gallatin Ave

Greensburg PA 15601 Uniontown PA 15401

P: 724-832-7030 P: (724) 439-0201

Attention Contractors

ATTENTION CONTRACTORS

The Redevelopment Authority, City of Uniontown

20 North Gallatin Avenue

Uniontown, Pennsylvania

15401

CONTRACT DOCUMENTS FOR

Project: Historic Gallatin School Living Centre Preservation

Phase 2: Project B

The following is being provided to you to bring your attention to various important details in the preparation of your bid.

1. This is a state financed project. It requires State prevailing wage rates to be paid and are included in your bid document. Should new wages be received that are applicable to this contract, they will be forwarded to those contractors who are on record of receipt of the documents.

2. Please keep in mind that your bid bond must be in an amount equal to

10% of your bid. Your bonding company must be on the Treasury

Circular 570 list. If you are unsure that your bonding company is on that list, please call our office for confirmation.

3. Bidders must comply with all State antibid-rigging regulations pertaining to work associated with this project, and will be required to submit an executed Non-Collusion Affidavit with the bid.

4. Bids are due until 2:00 PM, prevailing time on Thursday, 21 August

2025, via PennBid, https://pennbid.bonfirehub.com/. All bids will be reviewed on Thursday, 21 August 2025, at 3:00 PM at Uniontown

City Hall, address 20 North Gallatin Avenue, Uniontown, PA 15401.

Faxed, mailed, or e-mailed bids will not be accepted.

5. Work under this Contract is subject to the requirements of the

Public Workers Employment Verification Act (Act 127 of 2012).

6. Your attention is called to the specification for the project sign designating that “Financial Assistance provided by the Commonwealth of Pennsylvania, Honorable Josh Shapiro Governor” through the

Redevelopment Assistance Capital Program (RACP) Administered by the

Office of the Budget. Administered locally by The Redevelopment

Authority of the City of Uniontown on behalf of City Mission Living

Stones, LLC. Refer to the Contract Provisions, Part II, Section 9

– Publications & Signs.

7. The contractor will be responsible for the furnishing of communication equipment on the job site at all times.

8. Shop drawings and submittals must be provided to the Engineer as soon as possible following an award.

9. Your attention is called to the MBE/WBE/Section 3 requirements contained in the Contract Document.

10. Please be sure that your Form of Proposal (bid) is signed by an authorized agent of your company.

Instructions to

Bidders

INSTRUCTIONS TO BIDDERS

1. BIDS

A. All bids must be submitted on forms supplied by The Redevelopment Authority, Project Administration, and shall be subject to all requirements of the Contract Documents, including the product descriptions, and these INSTRUCTIONS TO BIDDERS. All Bids must be regular in every respect and no inter- lineation’s, excisions, or special conditions shall be made or included in the Bid Form by the Bidder.

B. Bid Documents, including the completed Bid Form (Form of Proposal), Bid

Bond, Non Collusion Affidavit of Prime Bidder, Statement of Bidder’s Qualifications, Public Works Employment Verification Form, Certification of Non-Segregated Facilities and Non-Employment of Illegal Alien Labor, Certification of Bidder Regarding Equal Employment Opportunity, W-9 Request for Taxpayer Identification Number, Safety

Guidelines and Requirements, CDL Program – Contractor’s Statement of Compliance, and Form DCED CCD-289 (MBE/WBE/Section 3 Contract Solicitation and Commitment Statement), and Section 3 - Workforce Needs Table- Employees, all of which shall be uploaded and clearly labeled with the words "The Redevelopment Authority – BID CONTRACT PROJECT:

Historic Gallatin School Living Centre Preservation – Phase 2: Project B

C. Project Administration may consider irregular any Bid on which there is an alteration of or departure from the Bid Form hereto attached and at its option may reject or accept same.

D. If the Contract is awarded, it will be awarded by City Mission Living Stones Inc., the owner, to a responsible Bidder on the basis of the lowest responsible bid.

E. In the event that deduct(s), add alternate(s), or optional line items are included on the project bid form, Project Administration reserves the right to remove deduct(s) from the project or award individual add alternates or optional line item(s) at its sole discretion, based upon, but not limited by available grant funding.

In the event that City Mission, Living Stones Inc., awards a combination of add alternate(s) or optional line item(s), the lowest apparent bidder shall be calculated by totaling the combined amount of the base bid with any alternate(s), or optional line item(s) that are to be awarded.

F. Each Bidder shall include in his/her Bid the following information:

a. public works Firm Name

b. Federal Employer Identification Number

c. Address: City, State, and Zip Code

d. Principals’ Names

e. Social Security Numbers

f. Cage Code #

2. ALTERNATIVE BIDS

No alternative bids will be considered. Refer to the Architects’

Substitution Policy on the drawings.

3. COLLUSIVE AGREEMENTS

Each Bidder submitting a Bid to Project Administration shall execute and attach hereto, an affidavit substantially in the form herein provided, to the effect that they have not colluded with any other person, firm, or corporation in regard to any Bid submitted.

4. TIME FOR RECEIVING BIDS

Bids received prior to the advertised hour will be securely kept, within PennBid. The officer whose duty it is to open them will digitally open the bids, and no Bid received thereafter will be considered.

5. OPENING OF BIDS

At the time and place fixed for the public opening of Bids, City Mission, Living Stones Inc., or Project Administration will cause to be opened and read aloud the Bid(s) received within the time set for receiving Bids, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person, or by representative.

6. AWARD OF CONTRACT: REJECTION OF BIDS

A. Unless otherwise provided in the specifications, City Mission, Living Stones, Inc., the owner, may award on an item-by-item basis, alternative-by-alternative basis, on a lump sum basis or on a combination of lump sum, alternative and/or items basis, whichever is in the best interest of Owner. The successful bidder shall be the lowest responsible, responsive bidder meeting specifications, with full consideration of cost, quality and performance. Such considerations may include, but not be limited to: superior product quality or functionality; demonstrated experience and whether the bidder can perform the contract or provide the service promptly or within the time specified without delay or interference; the quality of performance of previous contracts or services; the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; special skills; staff training and financial strength. The Owner reserves the right to award on a “multiple-criteria” or "best-value" basis.

a. The Owner reserves the right to reject the bid of any bidder who has previously failed to perform satisfactorily any obligations to the Owner or is otherwise deemed not to be a responsible bidder.

b. The Owner reserves the right to reject all bids, if it determines that such rejection is in the best interest of the project.

c. The Owner reserves the right to consider as unqualified to do the work of general construction any Bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the Improvements embraced in this Contract.

B. The Bidder to whom the award is made will be notified at the earliest possible date. Bidders agree to honor their bid for not less than

60 days from the date of bid opening.

C. Successful Bidders must register with SAM.gov prior to the award of the contract. Refer to Section 10, Additional Instructions, letter I., Verification of Federal Exclusions in these Instructions to Bidders for further information on registration with SAM.gov.

Failure to register may result in the rejection of the bid.

a. You need a Data Universal Numbering System (DUNS) Number to register your entity in SAM

b. You need your entity’s Taxpayer ID Number (TIN) and Taxpayer Name (as it appears on your most recent tax return).

c. Once your SAM registration is complete you will be given a CAGE Code. You will provide that number to The Redevelopment Authority of the City of Uniontown Office.

a. Upon completion of registration with SAM – you will then have a cage code and be reported with the BID documents for verifications.

b. Once your SAM registration is complete you will be given a CAGE Code. You will provide that number to The Redevelopment Authority Office.

c.

7. WARRANTY

A warranty of at least one year on all parts and labor is to be provided with no exceptions. There shall be no charge to the buyer for any travel, parts, or labor during this warranty period.

8. EQUAL EMPLOYMENT OPPORTUNITY

Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of race, sex, color, national origin, or religion. Each Bidder must submit a completed Certification of Bidder Regarding Equal Employment Opportunity.

9. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS

Attention of Bidders is particularly called to the necessity of complying with all Federal, State, and Local Laws and regulations.

10. ADDITIONAL INSTRUCTIONS

A. USE OF SEPARATE BID FORMS

These Contract Documents include a complete set of bidding and Contract forms which are for the convenience of Bidders and are not to be detached from the Contract Documents, filled out, or executed. Separate copies of Bid Forms are furnished for that purpose.

B. INTERPRETATIONS OF ADDENDA

No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Every request for such an interpretation shall be made in writing to the Engineer. Any inquiry received seven (7) or more days prior to the date fixed for opening of Bids will be given consideration. Every interpretation made to a Bidder will be in the form of an Addendum to the Contract Documents. All Addenda will be issued to each person holding Contract Documents, but it shall be the Bidder’s responsibility to make inquiry as to the

Addenda issued. All such Addenda shall become part of the Contract and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

C. INSPECTION OF SITE

Each Bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specification, and all other Contract Documents. The Contractor by the execution of the

Contract shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument or to visit the site and acquaint himself with the conditions there existing and the Owner will be justified in rejecting any claim based on facts regarding which he should have been on notice as a result thereof.

D. BID GUARANTY

1. The bid must be accompanied by a Bid Guaranty which shall not be less than ten percent (10%) of the amount of the Base Bid. At the option of the Bidder, the guaranty may be a certified check, bank draft, negotiable U.S. Government Bonds (at par value), or a Bid Bond in the form attached. The Bid Bond shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570. The amount of such Bid Bond shall be within the maximum amount specified for such Company in said Circular 570. No Bid will be considered unless it is accompanied by the required guaranty.

2. Certified Check or Bank Draft must be payable to the City Mission, Living Stones Inc., (Owner). Cash deposits will not be accepted. The Bid Guaranty shall insure the execution of the Agreement and the furnishing of the Surety Bond or Bonds by the successful Bidder, all as required by the Contract Documents.

3. Certified Checks or Bank Drafts, or the amount thereof, Bid Bonds, and negotiable U.S. Government Bonds of unsuccessful Bidders will be returned as soon as practical after the opening of the Bids.

E. STATEMENT OF BIDDER’S QUALIFICATIONS

Each Bidder shall submit on the form furnished for that purpose (a copy of which is included in the Contract Documents), a statement of the Bidder’s qualifications, his experience record in constructing the type of improvements embraced in the Site Preparation, and his organization and equipment available for the work contemplated; and, when specifically requested by the Project Administration, a detailed financial statement.

The Owner and/or Project Administration shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations, under the Contract and the Bidder shall furnish the Owner and/or Project Administration or all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the Owner and/or Project Administration that the Bidder is qualified to carry out properly the terms of the Contract.

F. UNIT PRICES

The unit price for each of the items in the proposal of each Bidder shall include its prorata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the Total Bid. Any Bid not conforming to this requirement may be rejected as informal. The special attention of all Bidders is called to this provision, for should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities no extra compensation allowed, provided the net monetary value of all such additive and subtractive changes in quantities of such items of work (i.e., difference in cost) shall not increase or decrease the original contract price by more than twenty-five percent (25%), except for work not covered in the Drawings and Technical

Specifications.

G. CORRECTIONS

Erasures or other changes in the Bid forms must be explained or noted over the signature of the Bidder, and initialed.

H. WITHDRAWAL OF BIDS

Bids may be withdrawn on written or telegraphic request dispatched by the Bidder in time for delivery in normal course of business to the time fixed for opening; provided, that written confirmation of any telegraphic withdrawal over the signature of the Bidder is placed in the mail and postmarked prior to the time set for Bid opening. The Bid guaranty of any Bidder withdrawing his Bid in accordance with the foregoing conditions will be returned promptly. Any bidder so withdrawing will not be permitted to resubmit his bid.

Apparent low Bidders who can prove that clerical or mathematical errors caused their bid to be lower than intended can withdraw their Proposal within two business days from the time of bid opening, in accordance with

PA Act #4-1974, without losing their Bid Security; however, any such Bidder withdrawing his Proposal will not be permitted to rebid on the project, and may also be subject to paying the costs of resubmitting the project to bidding, in accordance with Pennsylvania law. Proposals may be withdrawn after the bid opening if award has not been made within the number of days stated in the Invitation to Bids.

I. VERIFICATION OF FEDERAL EXCLUSIONS (SAM.gov)

1. Subsequent to the Owner issuing the Notice of Award, the successful bidder must be registered with SAM.gov (System for

Award Management) to allow the Owner and the funding agency, The Redevelopment Authority, RACP Program, the ability to verify the successful bidder has no active federal exclusions to perform work on the Contract.

2. Instructions on how to register with SAM.gov are included in these Contract Specifications titled “System for Award Management (SAM) Guide”. Should the successful bidder fail to register with SAM.gov, the Owner reserves the right to reject the bid.

J. EXECUTION OF AGREEMENT: PERFORMANCE AND PAYMENT BOND

1. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the Project Administration an Agreement in the form included in the Contract Documents in such number of copies as the Project Administration may require.

2. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful Bidder shall, within the period specified in paragraph a) above, furnish a surety bond in penal sum not less than the amount of the Contract as awarded, as security for the faithful performance of the Contract, and for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work. Such bond shall be in the form as that included in the Contract Documents and shall bear the same date as, or a date subsequent to that of the Agreement. The current power of attorney for the person who signs for any surety company shall be attached to such bond. This bond shall be signed by a guaranty or Surety Company listed in the latest issue of the U.S. Treasury C i r c u l a r

570 and the penal sum shall be within the maximum specified for such company in said Circular 570.

3. The failure of the successful Bidder to execute such Agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the Project Administration may grant, based upon reasons determined sufficient by the Project Administration may either award the Contract to the next lowest responsible Bidder or re-advertise for Bids, and may charge against the Bidder the difference between the amount of the Bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus done exceeds the amount of the Bid Bond. If a more favorable Bid is received by re-advertising the defaulting Bidder shall have no claim against the Owner and/or Project Administration for a refund.

K. WAGES AND SALARIES

1. Attention of Bidders is particularly called to the requirement concerning the payment of not less than the state prevailing wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees.

2. The rates of pay included in this Project Manual are the minimum to be paid during the life of the Contract. It is therefore the responsibility of Bidders to inform themselves as to local labor conditions, such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates.

L. PENNSYLVANIA RIGHT TO KNOW LAW

The Pennsylvania Right-to-Know Law, Act 3 of 2008, as signed by Gov.

Edward G. Rendell on February 14, 2008, effective January 1, 2 0 0 9 , 65 P.S. §§ 67.101-3107, applies to this project. Providing for access to public information, for a designated open-records officer in each Commonwealth agency, local agency, judicial agency and legislative agency, for procedure, for appeal of agency determination, for judicial review and for the Office of Open Records; imposing penalties;

providing for reporting by State-related institutions; requiring the posting of certain State contract information on the Internet; and making related repeals.

M. PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

A completed Public Works Employment Verification Form will be required from the Contractor with each bid. The authorized signer of the bid hereby states that he or she possesses sufficient knowledge to make the representations and certifications on the Form. Failure to provide a completed Form will result in rejection of the bid, and may subject the Contractor to the enforcement activities, sanctions, and civil penalties specified in the Act.

The requirement of the Public Works Employment Verification Form is in accordance with the Public Works Employment Verification Act, effective January 1, 2013, known as the Act 127 of 2012, the use of the Federal Government’s E-Verify system to ensure that all employees performing work on public works projects, including subcontractor’s employees, are authorized to work in the United States. The Contractor will be required to include information about the Act in all subcontracts.

N. STATE SALES AND COMPENSATING USE TAXES OF THE STATE OF PENNSYLVANIA

Owner is exempt from payment of sales and compensating use taxes of the

State of Pennsylvania on all or part of the supplies, products, equipment and materials to be incorporated into the Work.

1. Owner will furnish the required certificates of tax exemption to

Contractor for use in the purchase of all or part of the supplies, products, equipment and materials to be incorporated into the Work.

2. Owner’s exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies, products, equipment or materials not incorporated into the Work.

3. It shall be the responsibility of the Contractor to determine which supplies, products, equipment and materials are exempt from payment of sales and use taxes. The rules and regulations of the Pennsylvania Department of Revenue shall govern the determination of which supplies, products, equipment and materials are tax exempt and which supplies, products, equipment and materials are subject to tax. See Title 61 PA Code Chapter 32 section 32.34 Public Utilities.

END OF INSTRUCTIONS TO BIDDERS

Contract Provisions

CONTRACT PROVISIONS

COMPLIANCE WITH APPLICABLE STATUTES AND REGULATIONS

All activities authorized by this Contract shall be performed in accordance with applicable statutes, regulations, conditions, directives, guidelines and such additional requirements as outlined or are otherwise provided by the Redevelopment Authority of the City of

Uniontown. The CONTRACTOR acknowledges that this Contract is subject to all requirements set forth herein and further agrees that it will comply with future requirements determined by the Redevelopment Authority for the City of Uniontown as necessary.

Table of Contents

PART I COMPLIANCE WITH FEDERAL,STATE, AND RACP STATUES AND REGULATIONS

SECTION 1 – TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (P.L. 88-352) AS STATED

IN 24CFR 570.601

SECTION 2 – EXECUTIVE ORDER 11063, AS AMENDED

SECTION 3 – EXECUTIVE ORDER 11246

SECTION 4 – CONTRACT WORK HOURS AND SAFETY STANDARDS ACT(40 U.S.C. 327 ET.SEQ)... 26

SECTION 5 – FEDERAL LABOR STANDARDS PROVISIONS

SECTION 6 – FEDERAL CONTRACTING PROVISIONS

SECTION 7 – SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968

(12 U.S.C.1701U)

SECTION 8 – LEAD BASED PAINT REQUIREMENTS

SECTION 9 – CLEAN AIR AND CLEAN WATER ACTS

SECTION 10 – COMPLIANCE WITH ANTIPOLLUTION REGULATIONS

SECTION 11 – ENERGY CONSERVATION PROVISIONS

SECTION 12 – SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT

ACT OF 1974

SECTION 13 – MINORITY/WOMEN'S BUSINESS ENTERPRISE MBE/WBE CERTIFICATION

SECTION 14 – AGE DISCRIMINATION ACT OF 1975

SECTION 15 – SECTION 504 OF THE REHABILITATION ACT OF 1973

SECTION 16 – COMPLIANCE WITH THE AMERICANS WITH DISABLITIES ACT

PART II COMPLAINCE WITH STATE STATUES AND REGULATIONS

SECTION 1 – PENNSYLVANIA STEEL PRODUCTS PROCUREMENT ACT (NO. 178-3)

SECTION 2 – PENNSYLVANIA HUMAN RELATIONS ACT, AS AMENDED

SECTION 3 - RIGHT TO KNOW LAW PROVISIONS

SECTION 4 - NONDISCRIMINATION/SEXUAL HARRASMENT PROVISIONS

SECTION 5 – CONTRACTOR INTEGRITY PROVISIONS

SECTION 6 - COMPLIANCE WITH THE STATE CONTRACTOR RESPONSIBILTIY PROGRAM

SECTION 7 - COMPLIANCE WITH THE OFFSET PROVISION FOR COMMONWEALTH CONTRACTS ... 52

SECTION 8 – REIMBURSEMENT FOR TRAVEL

SECTION 9 – SIGNS & PUBLICATIONS

SECTION 10 - PAYMENTS

SECTION 11– COMPLIANCE WITH THE PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

SECTION 12– COMPLIANCE WITH THE PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

SECTION 13– COMPLIANCE WITH THE PUBLIC WORKS EMPLOYMENT VERIFICATION ACT

PART I COMPLIANCE WITH FEDERAL STATUES AND REGULATIONS

All bidders agree to comply with all applicable federal, state, and

RACP statutes and regulations:

SECTION 1 – TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (P.L. 88-352) AS STATED

IN 24CFR 570.601

"No person in the United States shall on the grounds of race, color, religion, sex, disability, familial status, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Title."

SECTION 2 – EXECUTIVE ORDER 11063, AS AMENDED

"No person in the United States shall on the basis of race, color, religion, sex, disability, familial status, or national origin, be discriminated against in housing (and related facilities) provided with Federal assistance and in lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the Federal

Government."

SECTION 3 – EXECUTIVE ORDER 11246

3.1 CONDITIONS IF CONTRACT AMOUNT LESS THAN $10,000

If the contract amount is less than ten thousand ($10,000) dollars, the following conditions shall apply:

During the performance of this contract, the contractor agrees as follows:

3.1.1 The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, familial status, 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, disability, familial status, or national origin. Such actions 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 Project Administration setting forth the provisions of this nondiscrimination clause.

3.1.2 The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, disability, familial status, or national origin.

3.1.3 The CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any Work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

3.2 CONDITIONS IF CONTRACT EXCEEDS $10,000

If the contract amount exceeds ten thousand ($10,000) dollars, the following conditions shall apply:

3.2.1 The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, familial status, 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, disability, familial status, 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 setting forth the provisions of this nondiscrimination clause.

3.2.2 The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, disability, familial status, or national origin.

3.2.3 The CONTRACTOR will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the CONTRACTOR’S commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

3.2.4 The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965; and the rules, regulations and relevant orders of the Secretary of Labor.

3.2.5 The CONTRACTOR will furnish all information and reports required by

Executive Order 11246 of September 24, 1965, and rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the Contracting Agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

3.2.6 In the event of the CONTRACTOR’S noncompliance with the nondiscrimination clauses of this contract or with any of the said 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 or federally- assisted construction contracts in accordance with procedures authorized in

Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law.

3.2.7 The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (3.2.1) and the provisions of paragraphs (3.2.1) through (3.2.6) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the Contracting Agency may direct as a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, that in the event a CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Contracting Agency, the

CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

3.3 NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY (EXECUTIVE ORDER 11246):

3.3.1 The offeror's or bidder's attention is called to the "Equal

Employment Opportunity Clause" and the "Standard Federal Equal

Employment Opportunity Construction Contract Specifications" set forth therein.

3.3.2 The goals and timetables for minority and female participation, expressed in percentage terms for the CONTRACTOR’S aggregate workforce in each trade on all construction Work in the covered area, are as follows:

Goals and Timetables for Minority Participation for Each Trade 5.0%

Goals and Timetables for Female Participation in Each Trade 3.0%

These goals are applicable to all the CONTRACTOR’S construction work (whether or not it is federal or federally- assisted) performed in the covered area.

The CONTRACTOR’S compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Employment Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR

Part 60-4, paragraph 3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the

CONTRACTOR shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the CONTRACTOR’S goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

The CONTRACTOR shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of ten thousand ($10,000) dollars at any tier of construction Work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.

As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the County in which the Work is undertaken.

3.4 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION

CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)

3.4.1 As used in these specifications:

1)"Covered area" means the geographical area described in the solicitation from which this contract resulted;

2) "Director" means Director, Office of Federal Contract Compliance

Program, United States Department of Labor, or any person to whom the

Director delegates authority; and

3) "Employer Identification Number" means the Federal Social Security Number used on the Employer's Quarterly Federal Tax Return, U.S.

Treasury Department Form 941.

4) "Minority" includes:

a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);

b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race);

c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, and the Indian

Subcontinent, or the Pacific Islands); and

d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable affiliations through membership and participation or community identification).

3.4.2 Whenever the CONTRACTOR, or any subcontractor at any tier, subcontracts a portion of the Work involving any construction trade, it shall physically include in each subcontract in excess of ten thousand ($10,000) dollars the provisions of these specifications, and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

3.4.3 If the CONTRACTOR is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all Work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. CONTRACTORS must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the Equal Employment Opportunity Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

3.4.4 The CONTRACTOR shall implement the specific affirmative action standards provided in Section 3.4.7 of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization that the CONTRACTOR should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The CONTRACTOR is expected to make substantially uniform progress toward its goals in each craft during the period specified.

3.4.5 Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the CONTRACTOR has a collective bargaining agreement, to refer either minorities or women shall excuse the

CONTRACTOR’S obligations under these specifications, Executive Order

11246, or the regulations promulgated pursuant thereto.

3.4.6 In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the CONTRACTOR during the training period, and the

CONTRACTOR must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.

3.4.7 The CONTRACTOR shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the CONTRACTOR’S compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The CONTRACTOR shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:

1) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the CONTRACTOR’S employees are assigned to work. The

CONTRACTOR where possible, will assign two or more women to each construction project.

The CONTRACTOR shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the CONTRACTOR’S obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.

2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the CONTRACTOR or its unions have employment opportunities available, and maintain a record of the organizations’ responses.

3) Maintain a current file of names, addresses, and telephone numbers of each minority and female off-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the CONTRACTOR by the union or, if referred, not employed by the CONTRACTOR, this shall be documented in the file with the reason therefore, along with whatever additional actions the CONTRACTOR may have taken.

4) Provide immediate written notification to the Director when the union or unions with which the CONTRACTOR has a collective bargaining agreement has not referred to the CONTRACTOR a minority person or woman sent by the CONTRACTOR, or when the CONTRACTOR has other information that the union referral process has impeded the

CONTRACTOR’S efforts to meet his/her obligations.

5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the CONTRACTOR’S employment needs, especially those programs funded or approved by the Department of

Labor. The CONTRACTOR shall provide notice of these programs to the sources compiled under 2) above.

6) Disseminate the CONTRACTOR’S EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the CONTRACTOR in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction Work at any job site.