Domestic Water Damage - Bid Pkg.pdf

COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF MILITARY & VETERANS’ AFFAIRS

FORT INDIANTOWN GAP, ANNVILLE, PA 17003-5002

INVITATION FOR BIDS AND CONTRACT PROPOSAL

PROJECT AND LOCATION: Domestic Water Damage at Lewistown Readiness Center, 28 Armory Lane, Lewistown, PA 17044-

2858_____________________________________________________________________________________________________

PROJECT NUMBER: 42110097____________________________________________________________________________

NAME OF BIDDER:____________________________________FEDERAL ID OR SSN:__________________________

DATE AND TIME OF BID OPENING:_Wednesday, March 23, 2011 at 2:00 PM_____________________________________

(Prevailing Time)

PLACE OF BID OPENING: Procurement & Contracting, Building 0-47, Fort Indiantown Gap

The Commonwealth of Pennsylvania, acting by and through the Department of Military & Veterans’ Affairs, hereby solicits sealed written bids for the project described above. Bids should be submitted on this form. Bids will be opened at the place and on the date and time specified. Late bids will not be considered.

Bidders shall bid on the project in conformity with the instructions and terms on the reverse hereof, the specifications attached hereto and with the general and special contract conditions that are made part of this invitation and hereby incorporated by reference in the contract. Bidders are expected to visit the site and to satisfy themselves as to the nature and location of the work specified, the conformation of the ground, the soil and other conditions, and the nature, character, quantity and quality of the labor and materials that will be required to complete this project.

COMPLETION DATE:__60 Days from Notice to Proceed_______________________________________________________

WHEREFORE, the Bidder hereby proposes to furnish and deliver all materials, water, tools, equipment, light, power, tests, and transportation and secure all permits and licenses and to do and perform all labor, management and means of construction, pay all fees and to do all incidental work, and to execute, construct and finish in an expeditious, substantial and workmanlike manner, in accordance with the plans and specifications and terms and conditions hereof; to the satisfaction of the Department of Military &

Veterans’ Affairs all for the price of:

BASE BID: The lump sum of ($______________________) _________________________________________

(numbers) (words)

___________________________________________________________________________________DOLLARS

SIGNATURES

*When the Bidder is an individual: __________________________________________________________

(Bidder’s Signature)

*When the Bidder is a partnership:

(Partner’s Signature) (Partner’s Signature)

(Partner’s Signature) (Partner’s Signature)

**When the Bidder is a corporation:

(Corporate Seal)

(Signature of Secretary or Treasurer) (Signature of President or Vice-President)

(Title)

ADDITIONAL TERMS, CONDITIONS AND BULLETIN INFORMATION

BULLETINS: The Bidder acknowledges receipt of the following listed Bulletins which were issued during the bidding period and agrees that these Bulletins shall become a part of this contract. Bidder shall list the number and date of the Bulletins received. If no Bulletins were received, leave blank.

Flyer#_________________dated_________________ Bulletin#_________________dated________________

Flyer#_________________dated_________________ Bulletin#_________________dated________________

*The_____________________________________________________________________________________________ is an individual or partnership trading under a fictitious or assumed name and has (has not) registered under the Fictitious Name Act of Pennsylvania, namely the Act of May 25, 1945, P.L. 967.

**The____________________________________________________________________________________________ is a corporation organized and existing under the laws of ___________________________________________________ and has (has not) been granted a certificate of authority to do business in Pennsylvania, as required by the Business Corporation Law, approved May

5, 1933. P.L. 364, as amended.

PROPOSAL GUARANTY: a. In order to be considered, this bid must be accompanied by a signed proposal guaranty (bid bond, certified check, cashier’s check, treasurer’s check) payable to the order of the Department of Military & Veterans’ Affairs in an amount not less than five percent (5%) of the total amount of the bid herewith submitted. Bid bond shall be submitted on forms provided by the Department.

b. Forfeiture. The proposal guaranty of a successful bidder shall be forfeited to the Department if the bidder shall fail to execute and return all contract documents (including bonds where applicable) to the Department within ten days after being notified of award of the contract.

c. Retention and disposition. The proposal guaranties of the two apparent low bidders shall be retained by the Department until the successful bidder shall return the fully executed contract documents. The proposal guaranties of the other bidders shall be returned promptly after bid opening after the Department has reviewed all bids for responsiveness and bidder responsibility and qualifications. The proposal guaranties of the bidders shall be retained for no more than 45 days after bid opening without the permission of the bidders.

PERFORMANCE/PAYMENT BONDS: Performance Bonds must be submitted with the contract. Performance Bonds are not submitted with the bids but they do constitute all element of cost that bidders must consider in determining their bid price.

INSURANCE: The successful bidder must submit a Builder’s Risk Policy to cover fire and extended coverage in an amount equal to at least the contract price, less uninsurable items such as excavations, roads and walks. In addition all contractors must comply with insurance requirements set forth in the General Conditions.

RESERVED RIGHTS: The Department reserves the right to reject any and all bids and to waive minor informalities, defects and irregularities in the best interest of the Commonwealth.

BIDDERS MUST SIGN THIS CERTIFICATE

The undersigned, hereby certifies as follows:

1. The prices in this bid or proposal have been arrived at independently, without consultation, communication, collusion, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder of offeror or with any competitor.

2. The prices in this bid or proposal have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, or in the case of bids set forth on letterhead stationery of the bidder, prior to notice of award, directly or indirectly to any other bidder or offeror or any competitor.

3. The bidder has made, and will make no attempt to induce any other period or firm to submit or not to submit a bid on this project for the purpose of restricting competition.

4. The bidder has not paid any person or firm any money of other valuable consideration for purpose of securing this contract and further that the bidder has not paid any employee of the Commonwealth of Pennsylvania, the Department of Military & Veterans’ Affairs or the State Armory Board any money or other valuable consideration for purposes of securing this contract, or obtaining any information that would assist the bidder in securing this contract.

5. The bidder is not an employee of the Department of Military & Veterans’ Affairs and the bidder does not employ employees of the

Commonwealth of Pennsylvania whose employment would violate the State Adverse Interest Act of 1957, P.L. 1017, as amended, 71 P.S. & 776.1

The undersigned hereby certifies that the foregoing is true and correct and understands that any false certification is punishable as a violation of

Section 90 of the Pennsylvania Crimes Code, 18 Pa. C.S. & 4904.

Signature Phone Number

Name and Address of Firm

CONTRACTOR INFORMATION SHEET

COMPANY NAME: ______________________________________________________

ADDRESS: _____________________________________________________________

CITY, STATE, ZIP: ______________________________________________________

CONTACT PERSON: _____________________________________________________

SIGNATURE: ___________________________________________________________

PHONE NUMBER: _______________________________________________________

FAX NUMBER: _________________________________________________________

E-MAIL ADDRESS: ______________________________________________________

SITE VISITATION

Project Number: 42110097 – Domestic Water Damage

Location: Lewistown Readiness Center, 28 Armory Drive, Lewistown PA 17044-2858

It will be necessary for any prospective bidder to visit the site in order to familiarized him/herself with the type of project he/she is bidding on. No bid will be accepted unless this site visitation form has been signed by a Facility representative and Company representative.

Company Name Date

Authorized Company Representative Date

Facility Representative Title Date

A MANDATORY SITE VISIT WILL BE HELD ON MONDAY, MARCH 14, 2011

AT 10:00 AM. PLEASE CONTACT BRENDA LOWER AT 717-861-2118 TO

CONFIRM YOUR ATTENDANCE AT THE SITE VISIT.

Department of General Services GSPUR-89 Rev. 2/15/02

RECIPROCAL LIMITATIONS ACT

REQUIREMENTS

Please Complete Applicable Portion of Pages 3 & 4 and Return with Bid.

NOTE: These Requirements Do Not Apply To Bids Under $10,000.00

I. REQUIREMENTS

A. The Reciprocal Limitations Act requires the Commonwealth to give preference to those bidders offering supplies produced, manufactured, mined or grown in Pennsylvania as against those bidders offering supplies produced, manufactured, mined or grown in any state that gives or requires a preference to supplies produced, manufactured, mined or grown in that state. The amount of the preference shall be equal to the amount of the preference applied by the other state for that particular supply.

The following is a list of states which have been found by the Department of General Services to have applied a preference for in-state supplies and the amount of the preference:

STATE PREFERENCE

1. Alaska 7% (applies only to timber, lumber, and manufactured lumber products originating in the state)

2. Arizona 5% (construction materials produced or manufactured in the state only)

3. Hawaii 10%

4. Illinois 10% for coal only

5. Iowa 5% for coal only

6. Louisiana 4% meat and meat products 4% catfish 10% milk & dairy products 10% steel rolled in Louisiana 7% all other products

7. Montana 5% for residents * 3% for non-residents* *offering in-state goods, supplies, equipment and materials

8. New Mexico 5%

9. New York 3% for purchase of food only

10. Oklahoma 5%

11. Virginia 4% for coal only

12. Washington 5% (fuels mined or produced in the state only)

13. Wyoming 5%

B. The Reciprocal Limitations Act requires the Commonwealth to give preference to those bidders offering printing performed in Pennsylvania as against those bidders offering printing performed in any state that gives or requires a preference to printing performed in that state. The amount of the preference shall be equal to the amount of the preference applied by the other state for that particular category of printing.

The following is a list of states which have been found by the Department of General Services to have applied a preference for in-state printing and the amount of the preference:

1. Hawaii 15%

2. Idaho 10%

3. Louisiana 3%

4. Montana 8%

5. New Mexico 5%

6. Wyoming 10%

C. The Reciprocal Limitations Act, also requires the Commonwealth to give resident bidders a preference against a nonresident bidder from any state that gives or requires a preference to bidders from that state. The amount of the preference shall be equal to the amount of the preference applied by the state of the nonresident bidder. The following is a list of the states which have been found by the Department of General Services to have applied a preference for in-state bidders and the amount of the preference:

1. Alaska 5%(supplies only)

2. Arizona 5%(construction materials from Arizona resident dealers only)

3. California 5%(for supply contracts only in excess of $100,000.00)

4. Connecticut 10%(for supplies only)

5. Montana 3%

6. New Mexico 5%(for supplies only)

7. South Carolina 2%(under $2,500,000.00) 1%(over $2,500,000.00)

This preference does not apply to construction contracts nor where the price of a single unit exceeds $10,000.

8. West Virginia 2.5%(for the construction, repair or improvement of any buildings

9. Wyoming 5%

D. The Reciprocal Limitations Act also requires the Commonwealth not to specify, use or purchase supplies which are produced, manufactured, mined or grown in any state that prohibits the specification for, use, or purchase of such items in or on its public buildings or other works, when such items are not produced, manufactured, mined or grown in such state. The following is a list of the states which have been found by the Department of General Services to have prohibited the use of out-of-state supplies:

STATE PROHIBITION

1. Alabama Only for printing and binding involving ”messages of the Governor to the Legislature“, all bills, documents and reports ordered by and for the use of the Legislature or either house thereof while in session; all blanks, circulars, notices and forms used in the office of or ordered by the Governor, or by any state official, board, commission, bureau or department, or by the clerks of the supreme court . . ./and other appellate courts/; and all blanks and forms ordered by and for the use of the Senate and Clerk or the House of Representatives, and binding the original records and opinions of the Supreme Court . . . /and other appellate courts/

2. Georgia Forest products only

3. Indiana Coal

4. Michigan Printing

5. New Jersey For legislative printing and bidders for all of the following items:* automotive parts, farm machinery, stainless steel tableware, kitchen small wares, major household appliances, chain link fence, portable sanitation units, glass, glazier supplies, storage batteries, spark plugs and filters, automotive glass, dental casting, prosthetic devices, pianos, musical instruments, carpet and cushion, shades, upholstery materials and supplies, room air conditioning, electrical supplies, plumbing supplies, hardware supplies, fasteners, lumber, building supplies, audiovisual/video equipment, fire extinguishers, fire hose, motor oils, fuel oil, sporting goods, photographic supplies, police equipment and supplies, venetian blinds, drapes, cheese, fresh fruit and vegetables, ammonia, bleach, pails, cleaning soaps, toilet cleaner, bowl cleaner, sponges, paper towel dispensers, water hose, course paper products, corrections department uniforms fine paper and paper cups.

6. New Mexico Construction

7. Ohio Only for House and Senate bills, general and local laws, and joint resolutions; the journals and bulletins of the Senate and house of Representatives and reports, communications, and other documents which form part of the journals; reports, communications, and other documents ordered by the General Assembly, or either House, or by the executive department or elective state officers; blanks, circulars, and other work for the use of the executive departments, and elective state officers; and opinions of the Attorney General.

8. Rhode Island Only for food for state institutions.

*If the bid discloses that the bidder is offering to supply one of the above-listed products from the listed state (or in the case of New Jersey, if the bid discloses that the bidder is from New Jersey and it is offering one of the above-listed items), it shall be rejected.

Contractors are prohibited from supplying these items from these states.

II. CALCULATION OF PREFERENCE

In calculating the preference, the amount of a bid submitted by a Pennsylvania bidder shall be reduced by the percentage preference which would be given to a nonresident bidder by its state of residency (as found by the Department of General Services in Paragraph C above). Similarly, the amount of a bid offering Pennsylvania goods, supplies, equipment or materials shall be reduced by the percentage preference which would be given to another bidder by the state where the goods, supplies, equipment or materials are produced, manufactured, mined or grown (as found by the Department of General Services in Paragraphs A and B above).

THIS FORM MUST BE COMPLETED AND RETURNED WITH THE BID

III. STATE OF MANUFACTURE

All bidders must complete the following chart by listing the name of the manufacturer and the state (or foreign country) of manufacture for each item. If the item is domestically produced, the bidder must indicate the state in the United States where the item will be manufactured. This chart must be completed and submitted with the bid or no later than two (2) business days after notification from the Issuing Office to furnish the information. Failure to complete this chart and provide the required information prior to the expiration of the second business day after notification shall result in the rejection of the bid.

STATE (OR FOREIGNCOUNTRY)

ITEM NUMBER NAME OF MANUFACTURER OF MANUFACTURE

IV. BIDDER’S RESIDENCY

A. In determining whether the bidder is a nonresident bidder from a state that gives or requires a preference to bidders from that state, the address given on the first page of this invitation to bid shall be used by the Commonwealth. If that address is incorrect, or if no address is given, the correct address should be provided in the space below:

Correct Address:

B. In order to claim the preference provided under Section I.B., Pennsylvania resident bidders must complete the following or have such information on file with the Issuing Office:

1. Address of bidder’s bona fide establishment in Pennsylvania at which it was transacting business on the date when bids for this contract/requisition were first solicited:

2. a. If the bidders is a corporation:

(1) The corporation is or is not incorporated under the laws of the Commonwealth of Pennsylvania.

(a) If the bidder is incorporated under the laws of the Commonwealth of Pennsylvania, provide date of incorporation:

(b) If the bidder is not incorporated under the laws of the Commonwealth of Pennsylvania, it must have a certificate of authority to d o business in the Commonwealth of Pennsylvania from the Pennsylvania Department of State as required by the Pennsylvania Business Corporation Law (15 P.S. §2001). Provide date of issuance of certificate of authority:

(2) The corporation is or is not conducting business in Pennsylvania under an assumed or fictitious name. If the bidder is conducting business under an assumed or fictitious name, it must register the fictitious name with the Secretary of the Commonwea lth and the office of the prothonotary of the county wherein the registered office of such corporation is located as required by the Fictitious Corporate Name Act, as amended 15 P.S. §51 et seq. Corporate bidders conducting business under an assumed or fictitious name must provide date of registry of the assumed or fictitious name:

b. If the bidder is a partnership:

(1) The partnership is or is not conducting business in Pennsylvania under an assumed or fictitiou s name. If the bidder is conducting business under an assumed or fictitious name, it must file with the Secretary of the Commonwealth and the office of the prothonotary the county wherein the principal place of business is located as required by the Fictitious Name Act of May 24, 1945, P.L. 967, as amended 54 P.S. §28.1. Partnerships conducting business under an assumed or fictitious name must provide the date of filing of the assumed or fictitious name with the Secretary of the Commonwealth:

(2) The partnership is or is not a limited partnership formed under the laws of any jurisdiction other than the Commonwealth of Pennsylvania. If the bidder is an Out-of-state limited partnership, it must register with the Pennsylvania Department of State as required by the Act of July 10, 1981, P.L. 237, as amended, 59 Pa. C.S.A. §503. Out-of-state limited partnerships must provide the date of registry with the Pennsylvania Department of State:

c. If the bidder is an individual:

He or she is or is not conducting business under an assumed or fictitious name. If the bidder is conducting business under an assumed or fictitious name, he or she must file with the Secretary of the Commonwealth and the office of the prothonotary in the county wherein the principal place of business is located as required by the Fictitious Name Act of May 24, 1945, P.L. 967, as amended, 54 P.S. §28.1. Individuals conducting business under an assumed or fictitious name must provide the date of filing of the assumed or fictitious name with the Secretary of the Commonwealth:

GSPUR 95 Revised 08/06/01

BIDDING PREFERENCE FOR PRODUCTS WITH RECYCLED POSTCONSUMER MATERIAL

PLEASE NOTE: Bidders ARE NOT required to complete this form or obtain the following Manufacturer's Recycled Postconsumer Material Certification if they ARE NOT seeking a bidding preference for products or printing with recycled postconsumer material.

A. PREFERENCE

Except as otherwise provided in Paragraph G, every bidder who certifies that the goods, supplies, equipment, materials or printing, which the bidder is offering, contains at least 10% of recycled postconsumer material shall be given a five percent (5%) preference against any bidder that has not so certified (or such higher percentage specified in the invitation for bids for the bidding preference for products with recycled postconsumer material) "Postconsumer material" is defined as "Any product generated by a business or consumer which has served its intended end use, and which has been separated or diverted from solid waste for the purpose of collection, recycling, and disposition. The term includes industrial by-products that would otherwise go to disposal or processing facilities. The term does not include internally generated scraps that is commonly returned to industrial or manufacturing processes." This preference for products and printing with recycled postconsumer material shall be in addition to any reciprocal preference for Pennsylvania bidders and manufacturers.

B. BIDDER CERTIFICATION

If the bidder is submitting a bid price on more than one item, and the percentage of recycled postconsumer material differs for each item, the bidder must state the percentage for each item. Bidder certifies that the goods, supplies, equipment, materials or printing which the bidder is offering: (to be completed by the bidder)

Item No.________Contains___ __% of recycled postconsumer material.

Item No.________Contains_______% of recycled postconsumer material.

Item No.________Contains_______% of recycled postconsumer material.

(use additional sheets if necessary to complete required information)

If a bidder does not comply with this Subsection (B), he shall not be eligible for the 5% preference.

C. MANUFACTURER'S RECYCLED POSTCONSUMER MATERIAL CERTIFICATION

In addition to the Bidder Certification in Subsection (B), in order to be eligible for the 5% preference a manufacturer's certification must be completed, signed and submitted by each of the manufacturers listed by the bidder in Section III of the Reciprocal Limitations Act Requirements of this Invitation for Bid. Bidders must use the enclosed Manufacturer's Recycled Postconsumer Material Certification form. If this form is not completed, signed and submitted with the bid, no bidding preference shall be given to the bidder.

D. FEDERAL FUNDS

No preference shall be given if the Commonwealth's receipt of federal funds would be jeopardized by granting the preference.

E. TIE BIDS

When there is a tie for lowest responsible bidder, the Department of General Services may consider, as one factor in determining to whom the contract should be awarded, which of the bids provides for the greatest percentage of recycled postconsumer material in the product or printing.

F. ENFORCEMENT

Awarded bidders may be required, after delivery of the goods, supplies, equipment, materials or printing, to provide the Commonwealth with documentary evidence that the goods, supplies, equipment, materials or printing was in fact produced with the certified percentage of recycled postconsumer material. If a bidder is awarded a contract or a purchase order on the basis of the 5% preference and fails to supply the item(s) with the required content of recycled postconsumer material or refuses or fails to provide sufficient documentary evidence that the item(s) was in fact produced with the certified percentage of recycled postconsumer material, the Department reserves the right, at its sole discretion, to:

1) Reduce the purchase price paid to the contractor by 5%.

2) Require the contractor to remove and replace the materials at the contractor`s sole expense.

3) Cancel the contract or the purchase order.

4) Obtain the item(s) from another source.

5) Pursue its other remedies under the contract for damages and costs for breach of contract.

G. STEEL AND ALUMINUM PRODUCTS EXCEPTION

The Commonwealth of Pennsylvania recognizes that both steel and aluminum products are universally made of recycled material, including postconsumer steel and postconsumer aluminum. Therefore, if steel or aluminum is used in the manufacture of the product offered by a bidder in response to this invitation to bid, the bidder is not required to provide certification that the product contains recycled postconsumer material. If a bidder is offering a product with steel or aluminum and the steel or aluminum contains no postconsumer material, the bidder is required to provide written notification in its bid. Bidders offering products containing steel and/or aluminum shall be given a five percent bidding preference over bidders offering: (1) steel or aluminum products that are reported to be made without recycled (postconsumer) content and (2) non-steel or non-aluminum products (such as plastic) which are not certified as containing recycled (postconsumer) content.

MANUFACTURER RECYCLED POSTCONSUMER MATERIAL CERTIFICATION

TO BE COMPLETED BY MANUFACTURER:

NAME OF MANUFACTURING FIRM:

ADDRESS OF MANUFACTURING FIRM:

FEDERAL EMPLOYER I.D. NO:

CONTRACT OR REQUISITION NO:

NAME OF BIDDER:

ADDRESS OF BIDDER:

Goods, supplies, equipment, materials or printing which the manufacturer will furnish to the bidder if the bidder is awarded the above-referenced contract or purchase requisition:

Short description of the nature of the postconsumer material which will be contained in the goods, supplies, equipment, materials or printing:

CERTIFICATION: I, the undersigned officer of the above-named firm, do hereby certify that I am authorized to provide this certification on behalf of the above-named firm and that the goods, supplies, equipment, materials or printing listed above which my company will furnish to the bidder named above, if the bidder is awarded the above-referenced contract or purchase requisition, shall contain not less than _____% postconsumer material as that term is defined in the invitation for bid. The nature of the postconsumer material is also identified above. I understand that this document is subject to the provisions of the Unsworn Falsification of Authorities Act (18 P.S. Section 4904).

PLEASE NOTE: Bidders ARE NOT required to complete this form if they ARE NOT seeking a bidding preference for products with recycled post-consumer material.

Signature

Name of Signatory

Title Date

Revised July 2007

INDEX OF THE GENERAL

CONDITIONS

ITEM DESCRIPTION PAGE

GC-1 DEFINITIONS 3

GC-2 SPECIFICATIONS 4

GC-3 DRAWINGS 4

GC-4 COORDINATION OF SPECIFICATIONS AND DRAWINGS 5

GC-5 ORDER OF PRECEDENCE 5

GC-6 ERRORS AND/OR OMISSIONS 5

GC-7 SPECIFICATIONS AND DRAWINGS AT SITE 6

GC-8 SITE INSPEECTION 6

GC-9 CHANGE ORDERS 6

GC-10 SUPERVISION 7

GC-11 WORKMANSHIP 7

GC-12 PERMITS, FEES AND NOTICES 7

GC-13 CODES AND REGULATIONS 8

GC-14 TAXES 8

GC-15 START OF CONSTRUCTION 8

GC-16 TEMPORARY SUSPENSION OF WORK 9

GC-17 EXTENSION OF COMPLETION DATE 9

GC-18 TERMINATION 10

GC-19 JOB CONFERENCE 10

GC-20 WORKING HOURS 10

GC-21 TEMPORARY UTILITIES FOR CONSTRUCTION USE 11

GC-22 INTERRUPTION OF DMVA OPERATIONS 11

GC-23 MATERIALS AND EQUIPMENT 11

GC-24 PRODUCTS DISCRIMINATION/TRADE PRACTICES 11

GC-25 STEEL PRODUCTS 13

GC-26 MATERIAL AND EQUIPMENT DELIVERIES 14

GC-27 STORAGE OF MATERIALS AND EQUIPMENT 14

GC-28 PROPRIETARY NOMENCLATURE 14

GC-29 SHOP DRAWINGS/SAMPLE SUBMITTALS 15

GC-30 WARRANTY, ONE YEAR 15

GC-31 WARRANTIES, EXTENDED 16

GC-32 CUTTING/PATCHING/FITTING 16

GC-33 WELDING 16

GC-34 SCAFFOLDING, TRESTLES, LADDERS, PLATFORMS 16

GC-35 MANUALS, DIAGRAMS, INSTRUCTIONS 17

GC-36 CORRECTION OF WORK 17

GC-37 CLEAN UP, GENERAL 17

GC-38 SENSITIVE INFORMATION 18

GC-39 CONFLICT OF INTEREST 18

GC-40 CONTRACTOR INTEGRITY 18

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GC-41 DISPUTES AND ARBITRATION 20

GC-42 LABOR REGULATION 21

GC-43 VETERAN’S PREFERENCE 21

GC-44 NONDISCRIMINATION/SEXUAL HARRASSMENT CLAUSE 21

GC-45 DAMAGE RESPONSIBILITY 22

GC-46 PAYMENT – FORMAL CONTRACTS 22

GC-47 PROPOSAL GUARANTY 23

GC-48 WITHDRAWAL OF BID PROPOSALS 24

GC-49 SURETY BONDS 25

GC-50 INSURANCE AND INDEMNIFICATION 26

GC-51 SEPARATE CONTRACTS 28

GC-52 REJECTION OF PROPOSALS 29

GC-53 PROVISIONS CONCERNING THE AMERICANS WITH 30

DISABILITIES ACT

GC-54 CONTRACTOR RESPONSIBILITY PROVISIONS 31

GC-55 RECYCLED CONTENT PRODUCTS PROVISION 32

GC-56 OFFSET PROVISIONS 32

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GENERAL CONDITIONS

GC-1 DEFINITIONS:

The terms below are used throughout this specification and shall be interpreted per the following:

(1). The terms Department and DMVA, shall both mean or refer to the Commonwealth of Pennsylvania, Department of Military and Veterans Affairs, Fort Indiantown Gap, Annville, PA 17003, as if written in full.

(2). Field Construction Maintenance Manager (FCMM) shall mean the person employed by and/or authorized to represent the Department and shall act in its behalf and best interest.

(3). The terms Armory, Organizational Maintenance Shop (OMS), Training Site, Fort Indiantown Gap, or Veterans Home, shall all mean or refer to the actual location at which the work shall be accomplished, as if written in full.

(4). The term Contractor shall mean that person/s, partnership, corporation, or entity responsible for the specified work, to include his/her employees, representatives, agents and any Subcontractor retained to assist in the execution of the work.

(5). The term Contractor shall mean that person/s, partnerships, corporations or entity, to include employees, agents and representatives, retained by the Contractor to assist in the execution of the specified work. The Contractor shall have complete and ultimate responsibility for all work performed by Subcontractors.

(6). A Flyer is a written order to bidders, issued by the Department prior to the due date for submittal of Invitation for Bids and Contract Proposal, clarifying points of issue and/or authorizing additions, deletions or modification to the specification and/or drawings. All flyers shall become and be enforced as a part of the Contract Documents.

Receipt of all flyers shall be acknowledged on the Bidding Documents at time of submittal.

(7). A Change Order is a written order to the Contractor, issued after the execution of all Contract Documents, authorizing a change in the work irregardless of any adjustment in the Contract sum. All Change Orders will be issued by the Department’s Purchasing Office and will be valid only after fully executed by all parties.

The Contract shall not be authorized to incorporate any work required by Change Order until after receipt of the fully completed Change Order is received from the Department.

The Change Order will be the original purchase order number with the revisions included.

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(8). The date of Commencement of work is the date upon which the Department Notice to Proceed, is issued to the Contractor in completed form.

(9). The date of Substantial Completion of work, or designated portion thereof, is the date on which the FCMM inspects and approves that construction is sufficiently complete, in accordance with the Contract Documents, so that DMVA may occupy the project or designated portion thereof.

(10). Final Acceptance shall mean total completion of all specified work in accordance with all Contract Documents and subject to final job site inspection by FCMM. This final acceptance, and date thereof, shall be documented by signing of a Receiving Report by the FCMM, and shall further serve as the beginning date of all implied and written warranties in accordance with GC-30 and GC-31.

GS-2. SPECIFICATIONS:

a. The specifications are drawn to indicate the general character and extent of the work to be accomplished. If before or during the completion of the work, the Contractor deems it necessary to modify the specifications, such modifications will first be reviewed and approved by the Department. Should any incidental work or material be required which is not denoted in the specifications, either directly or indirectly, but which is necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required, and shall perform all such work as fully as if it were particularly described and delineated.

b. The organization of the specifications into divisions, sections, articles and paragraphs shall not limit the Contractor in dividing the work among Subcontractors and tradesmen, or in establishing the extent of work to be performed by any trade or limit the responsibility for a complete project.

GS-3. DRAWINGS:

a. The drawings, if provided, are prepared to indicate the general character and extent of the work to be accomplished. If before or during the prosecution of the work, the Contractor deems it necessary to modify the drawings, such modifications will first be reviewed and approved by the Department. Should any incidental work or material be required which is not shown on the drawings, either directly or indirectly, but which is necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required, and shall perform all such work as fully as if it were particularly delineated.

b. Drawings shall be distributed and used in full sets only, as the work required by different trades may appear on more than one drawing.

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c. Drawings shall not be scaled to obtain dimensions. If a dimension is not given, cannot be computed or a question should arise, contact the Department for clarification.

d. All dimensions and existing conditions shall be checked and verified at the site by the Contractor. Materials, parts, equipment, etc. shall be furnished to field measurements. Dimensions given relative to existing equipment and construction are for Contractors general information and shall be verified in the field.

GC-4. COORDINATION OF SPECIFICATIONS AND DRAWINGS:

Specifications and drawings are complimentary. What is written, shown and/or required by any one part shall be as binding as if written, shown and/or required by all.

GC-5. ORDER OF PRECEDENCE:

Whenever possible, Contract Documents and the drawings should be read together to give effect to all provisions. In the even of a conflict among provisions that is not reasonably reconcilable, the following order of precedence shall apply:

(1). The Specifications (2). The General Conditions (3). The Drawings, if included (4). The Contract Bonds (5). The Invitation for Bid and Contract Proposal (6). Any other documents incorporated in the Contract

GC-6. ERRORS AND/OR OMISSIONS:

a. The Contractor shall perform the work in accordance with the intent of the drawings and specifications, and shall not take advantage of any error, omission, and/or discrepancy between the drawings and specifications. In the event the Contractor discovers such an error or omission, he shall immediately notify the Department. The Contractor shall not proceed with work in any area where an error or discrepancy is claimed until the error or discrepancy is resolved by the Department. When required, the Department will make such corrections and interpretations deemed necessary for fulfillment of the drawings and specifications.

b. Any modification of, or change in, the drawings or specifications required to update, adjust, accept or fully complete the work contemplated by the Contract, shall be determined and ordered, in writing, by the Department.

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GC-7. SPECIFICATIONS AND DRAWINGS AT SITE:

Contractor shall maintain on site one complete set of drawings and specifications, to include any and all flyers and change orders. These documents shall be for use of visiting personnel only.

GC-8. SITE INSPECTION:

a. Prior to submission of bid, and at no cost to the Department, the Contractor is encouraged to physically visit/inspect the project site to determine exact sizes, quantities, locations, and local conditions that may effect work, etc.

b. Should any discrepancies, points of issue or conflicts arise between the local conditions and these specifications and/or drawings, the facts shall be reported to the Department at least ten (10) working days prior to bid opening, for clarification. If warranted, a flyer citing such clarification, addition and/or deletion, shall be issued to all bidders.

c. Submission of a bid and/or the execution of the Contract shall demonstrate compliance with this requirement and negate any future right of the Contractor, in producing a complete and satisfactory project, to claim extra compensation.

GC-9. CHANGE ORDERS:

a. See Definitions, paragraph a. (7), GC-1.

b. The Department, without invalidating the Contract, and within the general scope of the other Contract Documents, may order changes in the work consisting of additions, deletions, modifications or other revisions as required, the Contract sum and the Contract time being adjusted accordingly. All such changes in the work shall be only authorized by written Change Order issued by the Department, and shall be executed under the applicable conditions of the Contract Documents.

c. The cost or credit to the Department resulting from a Change in the Work shall be determined in one or more of the following ways at the option of the Department:

(1). By mutual acceptance of a lump sum properly itemized.

(2). By unit prices stated in the Contract Documents or subsequently agreed upon.

(3). By arbitration if all parties fail to agree upon adjustments to be made in accordance with GC-41.

d. The Department shall have authority to order minor changes in the work not involving an adjustment in the Contract sum or an extension of the Contract time, and not inconsistent with the intent of the Contract Documents.

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e. Under NO circumstances shall the Contractor comply with any verbal or written instructions from DMVA, for addition, deletions or alterations to the Contract drawing and specifications. All such requests shall be directed to the Department or the FCMM for approval. Failure to obtain written change order or amendment prior to compliance with requests shall be at the Contractors risk and he shall remain liable for any expenses and/or corrections required by the Department.

f. Nothing provided in the Condition: however, shall excuse the Contractor from proceeding with the prosecution of the work.

GC-10. SUPERVISION:

The Contractor shall employ a competent supervisor, who shall be in constant attendance at the project site during the progress of the work. The supervisor shall represent the Contractor and have the authority to act on the Contractors behalf, in his/her absence. All communications given to the supervisor shall be as binding as if given to the Contractor.

GC-11. WORKMANSHIP:

a. All workmanship shall be first class and in conformance with the best professional trade practices, procedures and standards.

b. The Contractor shall be responsible to the Department for the acts and/or omissions, of all his employees and all Subcontractors, their agents and employees, and all other persons performing any of the work under this contract.

c. Only workman skilled in their respective trades will be employed on this work.

d. All work shall be performed in such manner as to prevent damage or injury to the

DMVA Property, contents or personnel, adjacent properties and the general public. (See GC-45 for temporary protective measures.)

GC-12. PERMITS, FEES AND NOTICES:

a. The Contractor shall secure and pay for all permits, fees, licenses, certificates, inspections, etc. required by any Federal, State or local authorities necessary for the proper execution and completion of his work.

b. The Contractor shall pay any and all hookup costs levied by any public or private utility company.

c. The Contractor shall give all notices require by any public or private entity.

d. The Contractor shall be responsible for notifying all utility companies of construction start, in full compliance with the requirement of P.L § 852, Act 287

- 8 -approved 10 December 1974 and shall further check and verify the location of existing utilities required to remain in place, including that overhead or underground, and take all necessary precaution to prevent injury or damage during the performance of the Contract and shall be responsible for any and all damages thereto.

GC-13. CODES AND REGULATIONS:

a. All work required under this Contract shall be in strict compliance with all Federal, State, and local statutes/codes/regulations, whichever being the more stringent. Additional requirements, if applicable, shall be so listed under specific items elsewhere.

b. The Contractor, in his own best interest, shall review and be familiar with all applicable laws, codes, ordinances, regulations, rules and orders which bear on the performance of the work under this Contract and shall further comply with such items. If the Contractor observes that any of the Contract Documents are at variance therewith, in any respect, he shall properly notify the Department in writing. If the Contractor performs any work that is contrary to such applicable laws, ordinances, regulations, rules or orders, and without such written notice to the Department, he shall assume full responsibility therefore and shall bear all costs attributable thereto.

c. Where mentioned herein and/or elsewhere in the specifications all Federal, State and local codes, rules, regulations, laws, etc. shall refer to editions in effect at the date of proposal, including current addenda and errata if any.

GC-14. TAXES:

The Contractor shall pay all sales, consumer, use and other similar taxes required by law.

GC-15. START OF CONSTRUCTION:

a. Upon receipt of the fully executed Department Agreement, the Contractor shall start construction within tem (10) working days and/or notify the Department or its’ Inspector of intentions to start and the justification for start date extension.

b. Absolutely no construction will be started until an Initial Job Conference is conducted in accordance with GC-19, a Department Agreement is fully executed by all parties, all bonds in accordance with GC-49 and insurance requirements in accordance with GC-50 are complied with.

c. Failure to start construction with paragraph a., this GC, may be cause to terminate this contract.

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GC-16. TEMPORARY SUSPENSION OF WORK:

a. If, in the judgment of the Department, the Contractor is taking undue risk of damage to any part of a structure or installation by proceeding with the work during unfavorable weather or other unsuitable conditions, then the Department at its option, may suspend the work temporarily, either wholly or in part for such periods as may be necessary for safe and proper prosecution of the work. In case of such suspension, an extension of time may be allowed provided the conditions of GC-17 are complied with, but no allowance will be made to the Contractor for any additional expense of damages resulting therefrom. It shall be clearly understood that the failure of the Department to suspense the work shall not relieve the Contractor of his responsibility as specified.

b. During Annual Training, Mobilization and/or when the facility is unoccupied, for any reason, work may be temporarily suspended for such time periods as required, unless prior arrangements have been made with and approved by the Department.

c. When the Department directs resumption of the work, the Contractor shall resume full operations within a period of ten (10) days after date of notice to do so.

d. Suspensions of work as outlined above shall not in itself automatically extend the Contract completion time. If additional time is required or anticipated, the Contractor shall submit a request for extension of time in accordance with GC-17.

GC-17. EXTENSION OF COMPLETION DATE:

a. If the Contractor is delayed at any time in the progress of the work by any act or neglect of the Department or its’ employees, by any separate Contractor employed by the Department, by changes ordered in the work, by labor disputes, fire, unusual delay in transportation, causes beyond the Contractor’s control, delay authorized by the Department pending arbitration, temporary suspension of work or by any other cause which the Department determines may justify the delay, then the Contract time may be extended for such reasonable time as the Department may determine and approve, upon Contractor’s request.

b. All requests for extension of time shall be submitted, not more than fifteen (15) days from date of occurrence, to the Department in writing, on the Contractor’s letterhead. Justification for the extension and period of time requested shall be so stated. Additional documentation may be required by the Department as necessary.

c. Upon receipt of the request, the Department shall review, grant or deny the request and/or require additional documentation be submitted within ten (10) days. The Department shall notify the Contractor within ten (10) working days from receipt of request of approval/disapproval and additional time to be granted.

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GC-18. TERMINATION:

a. The Department may terminate this Contract for default if the Contractor fails to perform satisfactorily. If the Contract is terminated for default, the Contractor shall remain liable to the Department for completion of the project in accordance with the Contract Documents. Such termination shall be cause for forfeiture of Performance Bond, provided under GC-49 and/or other monetary restitution for any direct or consequential damages arising out of the default.

b. The Department may terminate this Contract at any time without penalty upon written notice to the Contractor if State and/or Federal funds are not available to fund this Contract.

c. The Department may terminate this Contract if the Contractor fails to start construction in accordance with GC-15.

d. The Department may immediately terminate this Contract, without written notice or penalty, should the Contractor’s Insurance policies, required under GC-50, be cancelled during the terms of this Contract and any approved extension thereof.

e. The Department may terminate this Contract at any time, in accordance with GC-

44, for discrimination against any persons.

f. The Department may terminate this Contract at any time for it’s convenience upon thirty (30) days written notice to the Contractor of such termination.

GC-19. JOB CONFERENCE:

a. An Initial Job Conference shall be conducted, prior to start of any construction between the Department and the Contractor.

b. Contractor shall notify the FCMM a minimum of five (5) working days prior to start of work for scheduling of conference.

c. In addition to the Initial Job Conference, such interim work progress conferences, as required, shall be conducted at the site and attend by a representative of the Department, Contractor and/or a representative authorized to act on his/her behalf.

GC-20. WORKING HOURS:

a. All work shall be done during the normal working hours of DMVA Monday through Friday, excluding State and Federal Holidays, unless prior arrangements have been made and approved by the Department.

b. Under certain unusual conditions, the Department may require that the Contractor work other than the normal working hours of DMVA. Such work shall be

- 11 -authorized only by the Department, shall further be defined in paragraph j., Section 1 – Special Requirements/Information, this specification, and shall be complied with at no additional expense to the Contract.

GC-21. TEMPORARY UTILITIES FOR CONSTRUCTION USE:

a. DMVA shall provide temporary water, sanitary facilities, electricity (except for welding), heat and phone (local calls only), unless otherwise specified.

b. These utilities shall only be provided to such extent and capacities as that currently existing on site. Additional capacities and/or facilities, in excess of existing, required to comply with the Contract shall be provided by the Contractor at his expense.

GC-22. INTERRUPTION OF DMVA OPERATIONS:

a. Whenever it becomes necessary to interrupt existing utility services of DMVA, such as sewer, water, phone, gas, heat, electric service or other utilities the Department may require the work to continue on a twenty-four (24) hour basis until the service is restored, or at such alternate time required, see paragraph b., GC-20.

b. All work or interruption of utilities shall be completely coordinated with DMVA so as to minimize any interference with normal operations.

GC-23. MATERIAL AND EQUIPMENT:

a. All materials and equipment required by this Contract shall be warranted by the Contractor to be new and in perfect condition, unless otherwise specified and approved by the Department.

b. The Department has the right to reject any materials or equipment not in strict accordance with the specifications.

c. Rejected material shall be immediately removed from the site at the Contractor’s expense.

GC-24. PRODUCTS DISCRIMINATION/TRADE PRODUCTS:

a. The Contractor shall not use, or permit to be used in the work, any supplies, equipment or materials manufactured in any state or territory of the United States which does not permit the purchase or use of supplies, equipment or materials manufactured in the Commonwealth of…