Montco Cultural Center Theater Roof Replacement Project

Invitation for Bids

BID #9 – FY25/26

BID SCHEDULE

Date of Issue April 6, 2026

Mandatory Bid Walkthrough April 10, 2026 at 10:00 a.m.

Questions Deadline April 14, 2026, at 5 p.m.

Bids Due Date April 21, 2026 at 12 p.m.

Submit Proposal Documents to PennBid - www.PennBid.net.

BID Contact Vicki Giammarco Director of Grants and Procurement Services purchasing@mc3.edu http://www.pennbid.net/ mailto:purchasing@mc3.edu

BID DOCUMENTS TABLE OF CONTENTS

Invitation to Bid – Page 3 Instructions to Bidders – Page 4 – 19

The following documents are posted and available via PennBid:

Bid Security Form (Exhibit A) mandatory Non-Collusion Affidavit (Exhibit B) mandatory Owner's Certification of Responsible Contractor Status (Exhibit C) mandatory Required resume and references (Exhibit D) mandatory Subcontractor Disclosure (Exhibit E) mandatory Drawings & Specifications (Exhibit F) Prevailing Wage Rates (Exhibit G) Performance and Payment Bond (Exhibit H) Public Works Verification (Exhibit I)

INVITATION TO BID

Notice is hereby given that the Montgomery County Community College will accept sealed proposals online for the Montco Cultural Center Theater Roof Replacement Project (Bid #9 – FY25/26). Bids will be accepted until 12 p.m. EDT, April 21, 2026, via PennBid (pennbid.net). Questions must be submitted via PennBid by 5:00 p.m. EDT on April 14, 2026. Plans and specifications are available online at no charge via PennBid.

The project includes the replacement of approximately 13,000 square feet of roofing at Montco Cultural Center Theater on the campus of the Montgomery County Community College. The existing standing seam metal roof is to be removed to the deck with a new insulated standing seam metal roof system to be installed. A new sheet metal work shall be installed, and the existing roof drains are to be removed and replaced. A 1,700 square foot screen wall is to be painted and 250 square feet of TPO roofing is to be installed on small low slope area.

A mandatory bidder’s Pre-bid Conference and tour of the work area will take place on April 10th, 2026 at 10:00 a.m. EDT at the atrium of the Science Center building, located at 340 Dekalb Pike, Blue Bell, PA 19422. Failure to attend walk-through may be reason for Owner to reject bid.

The College reserves the right to waive any informalities or to refuse any or all of the bids. This project is subject to the Pennsylvania Prevailing Wage Law.

Bid responses must be accompanied with Bid Security in the amount of 10% of the bid, and the following forms in accordance with the Instructions to Bidders: Non-Collusion Affidavit, Owner’s Certification of Responsible Contractor Status form and resume and references. Owner exercises their right for in person interviews upon review of resume and references prior to awarding Bids.

After the Bid opening, Bids may be withdrawn only by complying with the “Modifications and Withdrawal” article of the Instructions to Bidders.

The Owner reserves the right to reject any or all bids or any part thereof or items therein and to waive informalities and/or technicalities, as it deems best to protect its interest.

http://www.publicpurchase.com/

INSTRUCTIONS TO BIDDERS

1. DELIVERY OF BIDS

a. To be considered Bids shall be made in accordance with the following instructions.

b. Submit bids, online via the PennBid website at www.PennBid.net, using the embedded Bid Form and upload required Bidding Documents, with blank spaces fully filled in to include:

i. Bid Security (Exhibit A)

ii. Non-Collusion Affidavit (Exhibit B)

iii. Owner's Certification of Responsible Contractor Status (Exhibit C)

iv. Resume and references (Exhibit D)

v. Subcontractor Disclosure Form (Exhibit E)

vi. W-9

c. Owner reserves right to waive any informality in bids received.

2. SIGNATORIES

a. The Bid of an individual must be signed by the individual personally and who the individual is trading and doing business as. The Bid of a partnership must state the names and addresses of all partners, and the partnership business name. The Bid of a corporation must show the name of the Corporation, and confirm that they have been granted a certificate of authority to do business in the state of PA. The Bid of a limited liability company shall state the name of the limited liability company, that they have been granted the authority to do business in the state of PA.

b. Bids submitted electronically via PennBid shall use electronic signatures as defined by Commonwealth of Pennsylvania statute.

c. The address, e-mail, and telephone number of Bidder, and the name, e-mail, and telephone number of the individual to whom communications regarding the Bid are to be directed, must be shown.

3. BID FORM

a. The Bid Form may call for lump sum prices, unit prices, allowances, or a combination of all.

1) If the Bid form calls for lump sum prices, the Bidder shall state a single lump sum price for the entire Work, or single lump sum prices for each portion of the Work, subject to a lump sum price as set forth in the Bid form, as applicable.

Any such lump sum price or prices shall include all the work described in the Contract Documents as being part of the Work.

2) If the Bid Form calls for unit prices and allowances, the Bidder shall state a single unit price for each item to be furnished or work to be done as set forth in the Bid Form. If the Bid Form indicates a unit price is required, the Consultant’s estimated quantity of units of such items which will be required in the prosecution of the Work; and the Bidder shall state in the http://www.pennbid.net/ space provided in the Bid Form the total price for such items, as computed by multiplying such estimated quantity of units of such item by the unit price bid in the allowance line indicated.

3) Bid prices shall be all inclusive and shall include, if applicable, all taxes of whatever nature applicable to the Work.

4. BID SECURITY

a. A proposal shall be rejected unless accompanied by a Bid Security in an amount not less than ten percent (10%) of the total Base Bid. Bid Security shall be in the form of a certified check or bank cashier's check payable to Owner or a Bid Bond in the form set forth herein, naming as obligee, Montgomery County Community College.

b. Within (2) business days after the Bid opening, upon notification by the College, and prior to issuance of a Notice of Intent to Award, the apparent low Bidder shall submit to the College the Bid Security in hard copy, showing original signatures and seals.

c. Owner may declare the Bid Security forfeited to the Owner if, following the issuance of a Notice of Intent to Award to the apparent lowest responsible Bidder, such Bidder fails to deliver the items required under these Instructions to Bidder within ten (10) days thereafter.

d. If Bid Security is submitted in the form of a Bid Bond, the Bid Bond shall be submitted on the form included in the Bidding Documents, and the Attorney-in- Fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of its Power of Attorney, authorizing said Attorney-in- Fact to act on behalf of the surety. The Power of Attorney must be dated the same date as the Bid Bond and both the Bid Bond and Power of Attorney shall have affixed the raised corporate seal of the surety. The Bid Bond form must be executed by a surety licensed and authorized to conduct business within the Commonwealth of Pennsylvania and named in the current list of companies holding Certificates of Authority as acceptable sureties on federal bonds and/or as acceptable reinsuring companies as published in Circular 570 (as amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department, and the amount of the bond shall not exceed the underwriting risk of such surety set forth in said circular or revision thereof.

e. The Bid Security of Bidders will be returned (unless forfeited as stated above) at the Bidder's request, upon (1) the execution of the Agreement Between Owner and Contractor by Owner, or (2) the rejection of all bids by Owner, or (3) the expiration of the firm bid period set forth in Section 7 of these Instructions to Bidder. The Owner shall not be liable for any interest on Bid Security which is held in accordance with these Bidding Instructions.

f. If the Bid Security is submitted in the form of a certified check or bank cashier's check, the Bidder shall submit a scan of the check as part of the bid submission in PennBid. Additionally, an Agreement of Surety certifying that a surety company will provide the Bidder with a Performance Bond and Payment Bond each in the amount of one hundred percent (100%) of the Contract Sum. The Agreement of Surety shall be in the form included in the Bidding Documents. The Agreement of Surety shall be executed by a surety satisfying the requirements set forth in Subsection 5.c above and shall be accompanied by the necessary Power of Attorney as noted in Section 5.c above. If bidder is the apparent low bidder, the original of the scanned check (same bank, check number and amount) must be provided within 2 days in order to be considered responsive.

g. Bids shall be irrevocable for sixty (60) days after the actual day of opening thereof unless delayed by the required approval of another governmental agency, the sale of bonds or the award of a grant, in which case, Bids shall be irrevocable for one hundred twenty (120) days after Bid opening. Extensions of the date for the award of contract may be made by the mutual written consent of Owner and the lowest responsible and responsive Bidder.

h. Neither the designation of the apparent lowest responsible Bidder, nor the issuance of a Notice of Intent to Award to the Bidder so designated shall operate to release any other Bidder from its Bid. Each such other Bidder, unless earlier released from its Bid by specific action of the Owner, shall remain bound by its Bid until the earlier of (1) the date of actual execution by Owner of the Agreement Between Owner and Contractor with the Bidder to whom the Award of Contract has been made, or (2) the expiration of the firm Bid period stipulated above.

i. The Owner will notify the lowest responsive and responsible Bidder of the

Owner's intent to accept such Bidder's proposal and to make a formal award of contract to such Bidder by the Notice of Intent to Award. The Owner will include with the Notice of Intent to Award the Agreement to be signed by the successful Bidder. Within ten (10) days of receipt of the Notice of Intent to Award, the successful Bidder shall furnish (1) a Performance Bond and a Payment Bond in the forms provided in the Bidding Documents, each in the amount of one hundred percent (100%) of the Contract Sum; (2) all Certificates of Insurance or other insurance information as required pursuant to Article 11 of the General Conditions of Contract; (3) verification forms, and (4) the signed Agreement. The Bonds, Verification Forms, Insurance Certificates, and Agreement shall be submitted to the College within the required time period.

j.

5. PERFORMANCE BOND, LABOR AND MATERIALS PAYMENT BOND AND INSURANCE

a. Bid shall include cost of Bonds and Insurance, and the Bonds and Insurance shall be furnished as stated herein. The Performance Bond and a Labor and Material Payment Bond of the successful bidders shall be executed by a surety company, authorized to conduct business in the Commonwealth of Pennsylvania and acceptable to the Owner. Each bond shall be in an amount equal to one hundred percent (100%) of the Contract Price. The Performance Bond and the Labor and Material Payment Bond may be in one or in separate instruments in accordance with local laws and are to be delivered to the Owner, immediately after the Award, and need not be physically included in the bid response package. Failure or neglecting to deliver said bonds, as specified, shall be considered as having abandoned the Contract and the Bid Security will be retained as liquidated damages.

6. MODIFICATION AND WITHDRAWAL

a. Bids may be changed, amended, and modified up until the time of the bid expiration on PennBid. Bidders may withdraw bids at any time before bid opening.

b. Bids shall be irrevocable for sixty (60) days after the actual day of opening thereof unless delayed by the required approval of another governmental agency, the sale of bonds or the award of a grant, in which case, Bids shall be irrevocable for one hundred twenty (120) days after Bid opening. Extensions of the date for the award of contract may be made by the mutual written consent of Owner and the lowest responsible and responsive Bidder.

c. Neither the designation of the apparent lowest responsible Bidder, nor the issuance of a Notice of Intent to Award to the Bidder so designated shall operate to release any other Bidder from its Bid. Each such other Bidder, unless earlier released from its Bid by specific action of the Owner, shall remain bound by its Bid until the earlier of (1) the date of actual execution by Owner of the Agreement Between Owner and Contractor with the Bidder to whom the Award of Contract has been made, or (2) the expiration of the firm Bid period stipulated above.

7. PROPOSAL MISTAKE CLAIMS

a. Negligence by the Bidder in preparing his proposal confers no right of withdrawal or modification of his proposal after such proposal has been opened. No claims on account of mistakes or omissions of any proposal will be considered.

Notwithstanding the above, a Bidder may withdraw his proposal within two (2) business days after the Bid opening time in accordance with the Public Contracts - Withdrawal of Bids Law, Act of January 23, 1974, P.L.9, No. 4, 73 P.S. 1601 et seq., as amended. A Bid which has been opened may be withdrawn only in accordance with the causes set forth in said Act and for no other reasons. Strict compliance with said Act is required to withdraw a Bid after opening.

8. BIDDER'S QUALIFICATIONS

a. In the submission of their bid, the bidder warrants to the Owner that both he and all subcontractors to be employed by them for this project have been regularly engaged in work of a character similar to that covered by the Drawings and Specifications for at least five (5) years prior to the date of the proposed work.

b. Bidders shall complete and must meet all the criteria listed on the Owners

Certification of Responsible Contractor Status Form. (Exhibit C). The bidder will be asked to provide proof of all criteria before an award is made.

c. The Owner may make such investigation as is deemed necessary to determine the responsibility of the Bidder, including the ability of the Bidder to perform the work according to the requirements of the Contract Documents. The Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if by the evidence submitted, or as the result of investigation, such Bidder fails to satisfy the Owner that the Bidder is properly qualified to carry out the obligations of the Contract. In addition, the Contractor shall include resumes and references (Exhibit D) in accordance with the Instructions to Bidders as part of their bid submission.

d. The Contractor shall provide Contractor’s resume. Company and Superintendent resumes are required of the Contractor for this project. Limit resumes to 2 pages.

e. The Owner reserves the right to review Bidder’s ability to meet, staff, and manage the entire project including project schedules and their performance on other projects in making claims for additional compensation regarding project schedules and delay in project completion. Any bidder determined to have construction projects where they have not properly managed or staffed the project and/or made claims regarding project schedule and staffing issues may result in the Owner’s rejection of their bid.

f. The Contractor shall have on site superintendents, contractors, subcontractors & fabricators with a minimum (3) three completed projects of similar size, value & complexity of design as this project. All executing parties shall submit their qualifications and references for review with their Bid. Qualifications shall include, but not limited to, project name, project size, project description, project value, and year of completion. The Owner exercises their right for in person interviews of such said individuals upon review of resume’ and references prior to awarding Bids.

g. The Contractor shall include required resumes and references (Exhibit D) in accordance with the Instructions to Bidders as part of their bid submissions.

h. All Contractors must supply the names of any Subcontractor(s) and identify the portion of the project being performed by employees of the Subcontractor(s) (Exhibit E). Full disclosure of all subcontracting units shall include name, address, and resume of the person performing the work.

9. BIDDER'S RESPONSIBILITY

a. Each bidder shall be held to have examined contract documents and existing conditions at the project site and to have fully informed himself as to conditions and limitations and shall include to cover cost of all items in Contract in the Bid Sum(s). Bidder may not at any time after the execution of the contract set up any claims based upon insufficient data or incorrect assumptions on its part.

b. Complete sets of Bidding Documents must be used in preparing Bids; neither

Owner nor Consultant assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Bid Documents consist of one volume of Contract Documents (Project Manual, all reference standards, and Drawings.

c. Owner and Architect, in making the Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

d. Contractors are responsible to follow all CDC and College protocols at contractor’s expense.

10. BIDDER’S WAIVER TO CLAIMS

a. In the submission of his bid, the bidder agrees to waive any claim they might have against the Owner, Consultant and Consultants arising out of their evaluation or recommendation of any bid.

11. INTERPRETATIONS

a. Should Bidder find discrepancies in or omissions from Contract Documents, prior to the submission of the bid, or should he be in doubt as to meaning, he shall notify the Architect, who will send written instructions to all Bidders. Neither Owner, nor Architect will be responsible for any oral instructions.

12. SUBSTITUTE MATERIALS AND STANDARD OF QUALITY

a. The various materials and products specified in the Specifications by name or description are given to establish a standard of quality and of cost for Bid purposes. It is not the intent to limit the Bidder to any one material or product specified but rather to describe the minimum standard. When proprietary names are used, they shall be followed by the words “or substitution meeting or exceeding the minimum standard of quality, as determined by the College as evidenced by Addenda.” A Bid containing a substitution which does not meet the Specifications may be declared non-responsive.

b. No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the College at least seven (7) calendar days prior to the date for receipt of Bids. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including, but not limited to, drawings, cuts, performance test data, manufacturer’s warranty, and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or other work that result from the substitution shall be included. The burden of proof of the merit of the proposed substitute is upon the Bidder. The College’s decision of approval or disapproval of a proposed substitution shall be final and binding.

c. If the College approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals in any other manner.

d. Please Reference Specification Section 01 10 00 and Specification Section 01 25

00 for requirements to properly request a Substitute Material or Equipment request.

13. QUESTIONS DURING BIDDING PERIOD

a. All questions shall be submitted in writing via the PennBid "Clarifications" tab by the date indicated. Interpretations, or clarifications will be issued by Addenda via PennBid.

14. ADDENDA

a. Addenda will be posted within the PennBid "Document" section. Notice will be emailed to all bidders of record at the time of issuance. Only questions answered by formal written Addenda thus issued shall be a part of the Contract Documents.

No oral, telephone, letter, interpretations, clarifications will be binding, or legally effective.

b. Addenda are issued to modify and or clarify the Bidding Documents as deemed advisable by Owner or Consultant. Addenda issued during time of bidding shall be listed by the bidder and will be indicated in the Contract that they will become part thereof.

15. BID INELGIBILITY

a. The Owner reserves the right to reject all bids or parts thereof or items therein and to waive any defects, errors, omissions, mistakes, irregularities, or informalities in therein, as it may deem best to protect the interest of the Owner.

b. Failure to provide Bid Security may result in rejection of Bid.

c. Bids not based on Bid Documents, those indicating a qualification of the Bid, conditions or uninvited substitutions, or which contain alteration of Bid Document forms, may be rejected by the College in its sole and absolute discretion. In addition, Bids failing to adhere to the Specifications may be rejected by the College in its sole and absolute discretion.

d. Bids that are unsigned, improperly signed or sealed, or illegible, may be rejected by the College in its sole and absolute discretion.

e. Bids where the prices are obviously unbalanced may be rejected by the College in its sole and absolute discretion.

f. Unless specifically required to be identified on the Bid Form, Bids containing “escalator” clauses may be rejected by the College at the College’s sole and absolute discretion.

g. All Bids shall conform with these Instructions to Bidders. Bids containing minor irregularities or informalities may be rejected by the College in its sole and absolute discretion. The College reserves the right to waive any such informalities or irregularities when a waiver is in the College’s best interest.

16. SUBCONTRACTORS

a. Successful Bidder will not be permitted to substitute other subcontractors for those named without written consent of Owner and Consultant.

b. Owner reserves the right to reject any subcontractor listed and to negotiate with

Bidder until Bidder's subcontractors are acceptable. Any adjustment in bid arising from such negotiation will be made before contract is signed.

c. Prior to Notice of Intent to Award to the Contractor, primary subcontractors will be subject to Montgomery County Community College’s review.

d. The Contractor agrees to include the “Access to Accounting Records” and “Assignment of Refund Rights” paragraphs, in full, in any contracts with subcontractors. The Contractor further agrees that it will not file a claim for refund for any sales tax or use tax that is the subject of the assignment in Subparagraph B above. Contractor shall obtain from all subcontractors, similar agreements that they will not file claims for refund for any sales tax or use tax that is the subject of the assignment in Subparagraph B above.

e. All Contractors must supply the names of any Subcontractor(s) and identify the portion of the project being performed by employees of the Subcontractor(s) (Exhibit E.). Full disclosure of all subcontracting units shall include name, address, and resume of the person performing the work.

17. PRE-BID CONFERENCE

a. A mandatory bidder's tour/conference of the work area (including major sub-contractors) will be conducted at the project job site as indicated on the Invitation to Bid.

18. AWARD OF CONTRACT

a. Prior to awarding the Contract, Bids may be held by the Owner for a period not to exceed (120) days from the date of Bid opening for the purpose of reviewing the Bids and investigating the qualifications of the Bidders. Extension of the date for the award of contract may be made by the mutual written consent of the Owner and the lowest responsible and responsive Bidder.

b. If any award is made by the Owner, it will be to the party declared by the Owner to be the most responsible bidder by notice of intent to award. Award of the contract will be based solely at the discretion of the Owner who will consider the bidder’s qualifications, integrity, efficiency, experience, promptness, current work load, financial capability, performance on recent projects, references from Owners and Consultant, potential list of subcontractors, project superintendent, itemized and detailed list of project schedule of values and any other information that the Owner deems necessary and ability to successfully and timely complete the project. The Owner will scrutinize the bidder’s information for full disclosure before a bid is awarded. The bidder must demonstrate competency and provide all information requested with bid and any additional requested information within 5 days of request. If the bidder does not submit all of the information required and requested and or in the format requested, the bid will be determined to be non-responsive and invalid.

19. EXECUTION OF CONTRACTS AND BONDS

a. The Owner will notify the lowest responsible bidder notice of intent to award. Upon receipt of the notice, the Contractor shall furnish within ten calendar days:

i. A complete list of subcontractors,

ii. One set electronic and one set hardcopy of the Performance and Payment

Bonds,

iii. Certificates of Insurance

iv. A signed Agreement

a. In the event the successful bidder shall fail to procure the necessary bonds, insurance and subcontractors qualifications within the required time, the Owner has the option of declaring bidder in default in which case the amount of the bid guarantee shall be forfeited to the Owner (not as a penalty, but as liquidated damages) or, in the alternative, of allowing the successful bidder additional time in which to secure required bonds and insurance. After approval of bonds, insurance, superintendents, and other data submitted, the Owner will make an Award of Contract and notify the Contractor of the time and place for contract signing.

b. In the event the bidder fails to provide a properly executed contract to the Owner within 10 days of notice, the Owner has the option of declaring bidder in default in which case the amount of the bid guarantee shall be forfeited to the Owner (not as a penalty, but as liquidated damages).

c. Bonding shall be provided by Companies listed on the current Federal Register and be ‘A’ rated or better. Insurance Companies must be rated ‘A’ or better in A.M. Best Ratings.

20. SUBLETTING OR ASSIGNING OF CONTRACT

a. The Contractor shall not sublet, sell, transfer, or assign or otherwise dispose of the

Contract, or any portion thereof, or of his right, title or interest therein, without the written consent of the Owner.

21. START OF WORK

a. The time of completion of this Contract has been established on the basis that the

Contractor shall start work thereon the day following receipt of a Notice to Proceed, and it is agreed that the work shall accordingly be commenced on that day.

22. OPENING OF BIDS

a. Upon review of submitted Bids, results will be posted online at PennBid website.

b. An abstract of the amounts of Base Bids and major Alternates (if any) will be made available to Bidders after the opening of Bids.

23. PENNSYLVANIA PREVAILING WAGE ACT

a. The bidder further agrees that should he enter into a contract to perform all or any portion of the work included herein, he will comply with all provisions of the "Pennsylvania Prevailing Wage Act", Act 442 of August 15, 1961, P.L. 987, as amended, including all rules and regulations therein under. See Exhibit G.

24. SUPERINTENDENT

a. The Owner reserves the right to interview and approve the proposed superintendent prior to Award of the Contract.

25. NON – COLLUSION

a. More than one proposal for the contract from an individual, partnership, corporation, or an association under the same or different name will be grounds for the rejection of all bids in which such Bidder is interested. Any or all proposals will be rejected if there is reason for believing that collusion exists among any of the Bidders. Participants in such collusion will not be considered in future proposals. A Non - Collusion Affidavit is required.

26. LIQUIDATED DAMAGES

a. Provisions for liquidated and other damages, if any, are set forth in the Agreement, and the General Conditions and Supplementary General Conditions

27. CASH ALLOWANCES

a. Cash Allowances are not included in the Bidding Documents, nor are they otherwise applicable to the Project.

28. GOVERNMENT REQUIREMENTS

a. Bids shall be submitted on the basis of full and total compliance with all Federal and State laws, regulations, statutes and requirements pertaining to this Project.

Bidder shall refer to the General Conditions, Changes to Standard Form, and Supplementary General Conditions for additional requirements.

b. Prior to bidding, Bidder shall contact the local municipality having jurisdiction and ascertain the building codes, permits, fees, and regulations applicable to this Project. It is the responsibility of the Bidder to determine what local ordinances, if any, will affect such Bidder’s work. Bidder should identify any county, city, borough, or township rules and regulations applicable to the area in which the Project is being constructed and, in addition, for any rules or regulations of other organizations having jurisdiction such as planning commissions, industries or utility companies. Any costs of compliance with local controls shall be included in the prices bid, even though requirements of such local controlling agencies are not listed herein.

29. TAXES

a. Contractor's Responsibilities:

Contractor shall be responsible for and shall pay all applicable sales, use, excise or other taxes required by law on all materials, tools, apparatus, equipment, fixtures, services, incidentals or otherwise that are purchased or used in connection with the Work or portions thereof. The Bid shall be made in accordance with such laws and shall include all applicable taxes in the Bid amount.

Notwithstanding the foregoing, however, Owner is exempt (excluded) from sales tax and use tax in Pennsylvania on certain transactions. Contractor and all subcontractors shall bid and shall purchase, as exempt (excluded) from Pennsylvania sales tax and use tax, all tangible personal property within the definition of "building machinery and equipment" as that term is defined in Act No. 45-1998 (72 P.S. § 7201 et seq.). No charges shall be allowed for such exempt items. It shall be the Contractor's responsibility to determine those items for which an exemption will apply, and the Contractor shall obtain legal or other tax advice to determine how and to what extent an exemption from the taxes apply. In order to facilitate such purchase free of sales tax and use tax in Pennsylvania, and upon certification by Contractor that an item is, in fact, tax exempt, the Owner agrees to execute a tax exemption certificate prepared by Contractor or a subcontractor as may be required by the regulations of the Pennsylvania Department of Revenue.

b. Assignment of Refund Rights

Owner shall be entitled to claim refunds of sales tax and use tax paid on these and other purchases of tangible personal property required in connection with the Work. The Contractor and all subcontractors hereby assign to Owner all rights to any such refund claim and to any resulting refund and hereby appoint the Owner as their Attorney-in-Fact to execute and acknowledge in their respective names and to prosecute such refund claims before administrative agencies and courts in Pennsylvania having jurisdiction over such claims. The Owner and its agents shall have the right to review the books and records of the Contractor and all subcontractors for the purpose of documenting and substantiating any such refund claim. Contractor and all subcontractors shall cooperate fully with Owner and its agents in pursuing any such refund claim and shall make available to the Owner any applicable documents. Access to Accounting Records:

The Contractor shall check all materials, equipment and labor entering into the Work, and shall keep such full and detailed accounts as may be necessary for proper financial management under the Contract, and the system shall be satisfactory to Owner. The Owner or its representative shall be afforded access to, including the right to photocopy, all the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Work, and the Contractor shall preserve all such records for a period of three (3) years, or for such longer period as may be required by the law, from the later of (a) Final Completion of the Work, or (b) the date of final audit or close out of the grant under the Grant Agreement, except in those cases where unresolved audit questions may require maintaining some or all records for a longer period.

c. Contracts with Subcontractors:

The Contractor agrees to include the "Access to Accounting Records" and "Assignment of Refund Rights" paragraphs, in full, in any contracts with subcontractors. The Contractor further agrees that it will not file a claim for refund for any sales tax or use tax that is the subject of the assignment in Subparagraph B above. Contractor shall obtain from all subcontractors, similar agreements that they will not file claims for refund for any sales tax or use tax that is the subject of the assignment in Subparagraph 28.b above.

30. FAILURE TO EXECUTE CONTRACT

a. Failure of the Bidder to whom Notice of Intent to Award has been given to deliver appropriate Payment and Performance Bonds, Verification Forms, Certificates of Insurance, or execute the Agreement within the time specified, shall constitute a default by such Bidder and the Owner may, at the Owner's sole discretion, award the contract to the next lowest responsive and responsible Bidder or re-advertise for Bids, and the defaulting Bidder shall pay to the Owner the difference between the amounts of such defaulting Bidder's Bid and any higher amount for which the

Owner may contract for the required work, plus any advertising, consulting, legal or other expenses incurred by reason of the default. The Bid Security of such defaulting Bidder shall be applied on account of said damages, and if the amount of said damages exceeds the amount of the Bid Security, the defaulting Bidder shall pay to the Owner the full amount of the excess. The Owner may, in its sole discretion, extend the time period for submission of the above items, upon request of Bidder. Such request by Bidder, if accepted by Owner in writing, shall constitute a mutual agreement to extend the date for issuance of the Agreement to the date stipulated in such written agreement, or if no date is stipulated, until twenty (20) business days after the submission to the Owner of the properly executed Agreement and all required documents in proper form as required by the Contract Documents.

31. PREVENTION OF ENVIRONMENTAL POLLUTION

a. Section 3301 of the Pennsylvania Commonwealth Procurement Code requires that all invitations for Bids and requests for proposals for construction projects issued by any governmental agencies set forth any provision of Federal and State statutes, rules, and regulations dealing with prevention of environmental pollution and the preservation of public natural resources that affect the Project. In this regard, a Notice of said provisions was prepared by the Pennsylvania Department of Environmental Resources under Act 247 of 1972, 52 P.S. § 1612 (repealed) and is available from Owner upon request. Contractor is hereby notified and agrees to comply with the terms of all statutes, rules and regulations enumerated in said Notice. Where any identified environmental statute, rule and/or regulation has been revised, amended, supplemented, replaced and/or supplanted, Contractor shall comply with such statute, rule and/or regulation as so modified. Notwithstanding the foregoing, failure to include any applicable environmental statute, rule and/or regulation in the attached Notice shall not relieve Contractor of its obligation to comply with same.

32. CERTIFICATION OF RESPONSIBLE CONTRACTOR STATUS (EXHIBIT C)

a. All Bids must include a completed “Owner’s Certification of Responsible Contractor Status Form” form as set forth herein as Exhibit E. A proposal shall be rejected unless accompanied by a satisfactorily completed “Owner’s Certification of Responsible Contractor Status Form” establishing compliance with the responsible contractor requirements set forth thereon.

b. Bidder must meet all applicable listed criteria. The apprenticeship program requirement will not apply if no apprenticeable trade is involved in the applicable contract.

33. E-VERIFY

The lowest responsive and responsible Bidder, as determined by the Owner, shall submit a completed Verification Form (Exhibit I) required by the Public Works Employment Verification Act (43 P.S. § § 167.1 et seq.) acknowledging the Bidder’s responsibilities and compliance with the Public Works Employment Verification Act within ten (10) calendar days of the date of the Owner’s notification of its intent to award the Contract as a condition precedent to the award. Failure to timely submit such required Verification Form shall constitute a default by Bidder, and the Owner may, at its sole discretion, award the Contract to the next lowest responsive and responsible Bidder, reserving to itself all rights for damages relating to said default, or, in the alternative, allow Contractor additional time in which to provide the Verification Form. The Verification Form (Exhibit I) shall include a certification that the information is true and correct, subject to sanctions provided by law. The Verification Form shall be executed by a representative who has sufficient knowledge and authority to make the representations and certifications contained in the Verification Form. Per the act, Contractor’s subcontractors (as defined in the act) shall provide, and Contractor shall cause its subcontractors to provide, their verification forms prior to commencing work on the project.

34. COMPLIANCE WITH COLLEGE RULES AND REGULATIONS

A. No Smoking or Tobacco use in Buildings.

Contractors will prohibit employees its employees, subcontractors, and any associated personnel from smoking or using tobacco products in College buildings, while on campus.

The College’s Clean Air Zone Policy prohibits the use of tobacco in all forms—including smoking, vaping, and smokeless tobacco—on all College property. This includes all interior spaces, College-owned or leased vehicles, and outdoor areas such as walkways, patios, athletic fields, parking lots, and other designated spaces across both the Blue Bell and Pottstown campuses.

Contractors are expected to comply fully with this policy for the duration of the project.

For full details, please refer to the Board of Trustees Policy on Smoking and Tobacco Use, available at: www.mc3.edu/about-mccc/policies-and-procedures/clean-air-zone

B. Sexual Harassment. Contractor will prohibit employees while on campus from engaging in sexual harassment activity. Sexual harassment activity is defined as unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct or written communication of an intimidating, hostile or offensive sexual nature.

C. Motor Vehicle Rules and Regulations. Contractor must conform to the following College Motor Vehicle Rules and Regulations:

• Use only those spaces designated for use by a service vehicle.

• In the event these designated spaces cannot be utilized, notify the Public Safety Department for proper clearance.

• Obtain and display a parking permit from the Public Safety Department.

• Restrict Vehicles to 15 MPH and observe all traffic regulations posted on campus.

http://www.mc3.edu/about-mccc/policies-and-procedures/clean-air-zone