1-421-14 2024-01, 02 Bid Specifications.pdf
PDF 12 MB Posted
- Attached to
- Edinboro Wastewater Treatment Plant Phase II Improvements Contract Nos. 2025-01 & 2025-02
- Solicitation number
- Not on record
- Issued by
- Erie County, Pennsylvania
About this file
This government file contains bidding specifications for the Edinboro Wastewater Treatment Plant Phase II Improvements, issued by the Municipal Authority of the Borough of Edinboro in Erie County, Pennsylvania. The project involves two separate contracts: Contract No. 2025-01 for General/Mechanical Construction and Contract No. 2025-02 for Electrical Construction. Sealed bids will be received online via the PennBid Program until 10:00 A.M. local time on Monday, November 3, 2025. A mandatory pre-bid conference is scheduled for Thursday, October 23, 2025, at 11:00 A.M. at the Edinboro Wastewater Treatment Plant, and attendance is required to be considered for bidding. The project involves comprehensive improvements to the existing wastewater treatment facility, including expansion and upgrade of treatment processes, installation of new equipment, modifications to existing structures, and associated electrical and mechanical systems.
The project is funded through multiple sources, including PennVest and federal funds, which requires compliance with specific federal and state regulations including Davis-Bacon wage rates, Minority Business Enterprise, and Women Business Enterprise requirements. Bidders must submit an E-Verify Program Verification in compliance with the Public Works Employment Verification Act. No bid may be withdrawn for 140 days after the bid opening, and the Municipal Authority reserves the right to award or reject any or all proposals. Specifications and documents are available at no cost via https://pennbid.bonfirehub.com. The project involves significant infrastructure upgrades, including new screening equipment, pump stations, electrical systems, control systems, and facility modifications to improve the overall efficiency and capacity of the wastewater treatment plant.
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Text version
ISSUED TO:
MUNICIPAL AUTHORITY OF THE
BOROUGH OF EDINBORO
ERIE COUNTY, PENNSYLVANIA
BIDDING SPECIFICATIONS FOR
EDINBORO WASTEWATER TREATMENT PLANT
PHASE II IMPROVEMNTS
CONTRACT NO. 2025-01
GENERAL/MECHANICAL CONSTRUCTION
CONTRACT NO. 2025-02
ELECTRICAL CONSTRUCTION
RELEASED FOR BID
SEPTEMBER 2025
Copyright © 2025 KLH Engineers, Inc., All Rights Reserved Worldwide. No part of this document may be reproduced or transmitted in any form, by any means without written permission, except for brief excerpts in reviews or analysis.
5173 Campbells Run Road
Pittsburgh, PA 15205
Telephone: (412) 494-0510
Fax: (412) 494-0426
E-mail: info@klhengineers.com
Ref. No. 421-14
Copyright ©2025 KLH Engineers, Inc.
All Rights Reserved Worldwide i 421/2025-01, 02
Municipal Authority of the Borough of Edinboro Edinboro Wastewater Treatment Plant Phase II Improvements
Contract No. 2025-01 General/Mechanical Construction
Contract No. 2025-02 Electrical Construction
TABLE OF CONTENTS
Section Page
Advertisement.................................................A-1
Instruction to Bidders........................................B-1
Bid Form – Contract 2025-01...................................C-1
Bid Form – Contract 2025-02...................................C-5
Bid Bond .....................................................D-1
General Conditions............................................E-1
Supplemental General Conditions...............................F-1
Technical Specifications
Division 1 - General Requirements
Section 01000 – Scope.....................................01000-1 Section 01001 – Work Area Classifications.................01001-1 Section 01010 – Drawings Index............................01010-1 Section 01020 - Summary of Work...........................01020-1 Section 01040 - Coordination..............................01040-1 Section 01041 – Supplemental Mechanical Conditions........01041-1 Section 01090 - References................................01090-1 Section 01170 – Surveys...................................01170-1 Section 01200 – Project Meetings..........................01200-1 Section 01300 - Submittals................................01300-1 Section 01500 – Temporary Facilities and Controls.........01500-1 Section 01501 – Construction Facilities...................01501-1 Section 01550 – Traffic Control...........................01550-1 Section 01551 – Barriers and Enclosures...................01551-1 Section 01570 – Temporary Erosion and Sediment Control....01570-1 Section 01650 – Facilities Startup/Commissions............01650-1 Section 01740 – Clean Up of Work Site.....................01740-1 Section 01741 – Dust and Mud Control......................01741-1
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Section 01800 – Substantial Completion....................01800-1
Division 2 – Site Work
Section 02000 – Site Work.................................02000-1 Section 02040 – Site Preparation..........................02040-1 Section 02041 – Existing Tank Preparation & Cleaning......02041-1 Section 02050 – Demolition................................02050-1 Section 02080 – Bypassing Sewage..........................02080-1 Section 02140 - Dewatering................................02140-1 Section 02150 - Shoring...................................02150-1 Section 02151 – Anchoring and Blocking................... 02151-1 Section 02210 – Subsurface Exploration....................02210-1 Section 02220 – Excavating, Backfilling, and Compacting...02220-1 Section 02230 – Rip Rap...................................02230-1 Section 02280 – Soil Treatment............................02280-1 Section 02500 – Paving and Surfacing......................02500-1 Section 02609 – Detectable Marking Tape...................02609-1 Section 02660 – Piped Water Distribution..................02660-1 Section 02661 – Cathodic Protection.......................02661-1 Section 02675 – Disinfection..............................02675-1 Section 02720 – Drainage System...........................02720-1 Section 02730 – Piped Wastewater Sewer....................02730-1 Section 02731 – Manholes and Vaults.......................02731-1 Section 02820 – Site Fence and Gates......................02820-1 Section 02900 – Landscaping...............................02900-1
Division 3 - Concrete
Section 03010 - Concrete Work.............................03010-1 Section 03015 - Waterstops................................03015-1 Section 03050 – Crystalline Waterproofin Admixture........03050-1 Section 03100 - Concrete Formwork.........................03100-1 Section 03150 - Concrete Accessories......................03150-1 Section 03200 - Concrete Reinforcement....................03200-1 Section 03300 - Cast-in-Place Concrete....................03300-1 Section 03310 – Controlled Low Strength Material/
Flowable Fill ............................03310-1 Section 03345 - Concrete Finishing........................03345-1 Section 03361 – Floor Hardener............................03361-1 Section 03600 – Grout.....................................03600-1
Division 4 - Masonry
Section 04100 - Mortar and Masonry Grout..................04100-1 Section 04150 - Masonry Accessories.......................04150-1 Section 04200 - Unit Masonry..............................04200-1 Section 04210 – Sills.....................................04210-1
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Division 5 - Metals
Section 05120 - Structural Steel..........................05120-1 Section 05165 – Metal Wall/Facia Panel System.............05165-1 Section 05331 – Aluminum Grating..........................05331-1 Section 05450 – Metal Support Systems.....................05450-1 Section 05500 – Metal Fabrications........................05500-1 Section 05515 – Ladders...................................05515-1 Section 05520 – Aluminum Handrails and Railings...........05520-1
Division 6 – Wood and Plastics
Section 06100 – Rough Carpentry ......................... 06100-1 Section 06170 – Pre-Engineering Roof System...............06170-1 Section 06200 – Finish Carpentry..........................06200-1 Section 06652 – Fiberglass Reinforced Plastic Weir Plates ... ...............................06652-1
Division 7 – Moisture and Thermal Protection
Section 07190 – Under-Slab Vapor Barrier..................07190-1 Section 07210 – Masonry Block Insulation..................07210-1 Section 07221 – Batt Fiberglass Insulation................07221-1 Section 07222 – Roof and Wall Blanket Insulation..........07222-1 Section 07270 – Fire Stops................................07270-1 Section 07311 – Fiber Glass Based Asphalt Shingles........07311-1 Section 07460 – Vinyl Siding and Soffit...................07460-1 Section 07630 – Gutter and Downspouts.....................07630-1 Section 07710 – Snow Retention System.....................07710-1 Section 07900 – Joint Sealers.............................07900-1
Division 8 - Doors and Windows
Section 08100 – Metal Doors and Frames....................08100-1 Section 08710 – Finish Hardware...........................08710-1 Section 08800 – Glass and Glazing.........................08800-1
Division 9 - Finishes
Section 09250 – Gypsum Wallboard..........................09250-1 Section 09900 - Painting..................................09900-1 Section 09954 – Polyethylene Encasement...................09954-1
Division 10 - Specialty
Section 10520 – Fire Extinguishers........................10520-1
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Division 11 - Equipment
Section 11300 – Wastewater Treatment Equipment............11300-1 Section 11301 – Electric Motors...........................11301-1 Section 11311 – Submersible Chopper Pumps.................11311-1 Section 11312 – Vertical Centrifugal Sludge Pumps.........11312-1 Section 11320 – Grit-Grease Removal Equipment.............11320-1 Section 11330 – Mechanically Cleaned Fine Bar Screen......11330-1 Section 11331 – Screenings Compactor/Washer...............11331-1 Section 11345 – Disinfection Feed Equipment...............11345-1
Division 13 – Special Construction
Section 13121 – Prefabricated FRP Building................13121-1
Division 14 – Conveying System
Section 14600 – Trolleys and Hoists.......................14600-1 Section 14601 – Portable Davit Cranes.....................14601-1
Division 15 - Mechanical
Section 15060 – Pipe and Pipe Fittings....................15060-1 Section 15100 – Valves....................................15100-1 Section 15401 – Plumbing..................................15401-1 Section 15430 – Emergency Eyewash and Drench Shower.......15430-1 Section 15500 – Ventilation, Louvers, Dampers & Fan.......15500-1 Section 15505 – Electric Heating..........................15505-1
Division 16 - Electrical
Section 16010 – Electrical Work - General.................16010-1 Section 16020 – Power System Study........................16020-1 Section 16030 – Electric Field Accept Test................16030-1 Section 16050 – Firestopping for Electrical System........16050-1 Section 16060 – Electrical Demolition.....................16060-1 Section 16110 – Raceways..................................16110-1 Section 16111 – Underground Duct Banks....................16111-1 Section 16120 – Wire......................................16120-1 Section 16130 – Boxes.....................................16130-1 Section 16131 – Junction and Pullboxes....................16131-1 Section 16132 – Electrical Manhole........................16132-1 Section 16140 – Wiring Devices............................16140-1 Section 16148 – Mounting Height of Equipment..............16148-1 Section 16150 – Conduit Schedule..........................16150-1 Section 16160 – Cable Schedule............................16160-1 Section 16180 – Safety Disconnect Switches................16180-1
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Section 16235 – Emergency Standby Generator...............16235-1 Section 16236 – Automatic Transfer Switch.................16236-1 Section 16400 – Utility Telephone Service.................16400-1 Section 16450 – Grounding.................................16450-1 Section 16460 – Dry Type Transformers.....................16460-1 Section 16471 – Panel Boards..............................16471-1 Section 16479 – Surge Protective Devices..................16479-1 Section 16481 – Individual Motor Control..................16481-1 Section 16500 – Lighting..................................16500-1 Section 16830 – Heat Trace................................16830-1 Section 16910 – Instrumentation...........................16910-1 Section 16915 – Control Panel FWE.........................16915-1 Section 16925 – Custom Control Panel......................16925-1 Section 16930 – Supervisory Control and Data Acquisition..16930-1 Section 16950 – VFD Motor Controllers.....................16950-1
Measurement and Payment.......................................H-1
Agreement - Contract No. 2025-01, 02..........................J-1
Payment Bond..................................................K-1
Performance and Maintenance Bond..............................K-4
Certificate of Insurance......................................K-7
Exhibit “A” Hazardous Materials Survey
Exhibit "B” Prime Contractor DBE Solicitation Effort Help Guide
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Copyright © 2025 KLH Engineers, Inc.
All Rights Reserved Worldwide A-1 421/2025-01, 02
ADVERTISEMENT
Sealed bids will be received by the Municipal Authority of the Borough of Edinboro, Erie County, Commonwealth of Pennsylvania, for the following:
EDINBORO WASTEWATER TREATMENT PLANT PHASE II IMPROVEMENTS
CONTRACT NO. 2025-01 GENERAL/MECHANICAL CONSTRUCTION
CONTRACT NO. 2025-02 ELECTRICAL CONSTRUCTION
BID OPENING – Sealed bids shall be submitted online via the PennBid Program until 10:00 A.M. local time Monday, November 3, 2025, at which time all bids will become publicly available.
Equipment and Services to be provided shall be according to the specifications which are on file at the office of KLH ENGINEERS, INC., 5173 Campbells Run Road, Pittsburgh, Pennsylvania, 15205, and at the Municipal Authority Office.
All plans and specifications are available online at no cost at https://pennbid.bonfirehub.com.
Equipment and Services to be provided shall be according to the specifications which are on file at the office of KLH ENGINEERS, INC., 5173 Campbells Run Road, Pittsburgh, Pennsylvania, 15205, and at the Municipal Authority Office.
A MANDATORY Pre-Bid conference will be held at the Edinboro Wastewater Treatment Plant located at 301 Water Street Ext., Edinboro, PA 16412 on Thursday, October 23, 2025, at 11:00 A.M. to review the details of project requirements. Bids will not be accepted from bidders who are not in attendance of the mandatory Pre-Bid conference.
No Bid may be withdrawn for a period of one hundred forty (140) days after the time of the opening of the bids.
Contractor shall submit with their bid an E-Verify Program Verification in compliance with the Public Works Employment Verification Act 127 of 2012.
This project is funded in whole or in part with federal funds.
Davis-Bacon wage rates and other federal requirements apply and are included in the bid documents.
https://pennbid.bonfirehub.com/
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Attention is called to the fact that PennVest funding is being provided for this project and that the requirements of PennVest, Federal Minority Business Enterprise, and Women Business Enterprise as outlined in the specifications are to be adhered to, that not less than the minimum salaries and wages, as established by the Pennsylvania Department of Labor must be paid on this project, and the CONTRACTOR must ensure that employees and applicants for employment are not discriminated against because of their race, creed, color or national origin.
BIDDER'S SURETY -- A certified check payable to the Municipal Authority of the Borough of Edinboro or a bid bond on the bid form executed by the Bidder and a surety company approved by the OWNER, in an amount equal to ten percent (10%) of the total amount of bid, must be submitted with each bid or bids will be considered nonresponsive and immediately rejected.
SUCCESSFUL BIDDING BIDDER awarded this contract shall provide a performance surety in the amount of one hundred percent (100%) of the Contract amount.
EQUAL OPPORTUNITY EMPLOYER -- the Municipal Authority of the Borough of Edinboro fully complies with the provisions of this act.
All qualified bidders are invited to submit a proposal.
THE MUNICIPAL AUTHORITY OF THE BOROUGH OF EDINBORO RESERVES THE
RIGHT TO AWARD OR TO REJECT ANY AND/OR ALL PORTIONS THEREOF
PROPOSALS SUBMITTED, AND TO WAIVE INFORMALITIES IN THE BIDDING
PROCESS IF IN THE BEST INTEREST OF THE AUTHORITY.
Brian Osborn Superintendent
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Section B
INSTRUCTIONS TO BIDDERS
B1 Designation of Work
The work included under these contracts covers the furnishing of all labor, materials, tools, and equipment required to complete the work as described herein, shown on the Contract Drawings and necessary for complete operating facilities.
The project generally consists of expansion/upgrade of the Municipal Authority of the Borough of Edinboro, Edinboro WWTP Phase II Improvements located at 301 Water Street, Edinboro PA, 16412. Work under Contract 2025-01 is General/ Mechanical Construction and Contract 2025-02 is Electrical Construction.
B2 Location of Construction Work
All construction work is proposed to be performed in Borough of Edinboro, Erie Co., PA.
B3 Copies of Bidding Documents
Copies of the Bidding Documents for the described work may be obtained online at no cost via the PennBid Program (www.PennBid.net)
Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.
OWNER and ENGINEER in making copies of 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.
B4 Qualifications of Bidders
To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, within five days of OWNER's request, written information such as financial data, previous experience, and evidence of authority to conduct business in the jurisdiction where the Project is located.
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B5 Examination of Contract Documents and Site
Before submitting a Bid, each Bidder shall: (a) examine the Bidding/Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect access, cost, progress or performance of the work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect access, cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents.
Before submitting his Bid, each Bidder shall, at his own expense, make such investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.
On request, OWNER may assist each Bidder who desires access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid.
B6 Interpretations
All questions about the meaning or intent of the Contract Documents shall be submitted to ENGINEER in writing. Replies will be issued by Addenda mailed, faxed, or delivered to all parties recorded as having received the Bidding Documents.
Questions received less than five days prior to the date of bid opening may not be answered. Only interpretations written by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.
B7 Bid Security
Bid Security shall be made payable to OWNER, in an amount of not less than ten percent (10%) of the Bidder's maximum Bid price in the form of either a certified bank check or a Bid Bond on the form attached in Section D, issued by a Surety meeting the requirements set forth at the bottom thereof.
The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the Required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of Notice of Award, OWNER may annul said Notice and the Bid
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Security of that Bidder will be forfeited. The Bid Security of any Bidder whom OWNER believes to have a reasonable consideration for receiving the award may be retained by OWNER until after the effective date of the Agreement.
B8 Contract Time
The number of calendar days within which, or the date by which, the Work is to be completed (the Contract Time) is set forth in the Bid Form and will be included in the Agreement.
B9 Employee Eligibility Verification
The CONTRACTOR shall include a Public Works Employment Verification Form, as provided by the Pennsylvania Department of General Services, and available at www.dgs.state.pa.us. The Public Works Employment Verification Form pertains to each employee hired by the CONTRACTOR after January 1, 2013, whether the employee will be working on or offsite of the Project, or otherwise. The Public Works Employment Verification Form will be evaluated by the OWNER as part of establishing Bidder responsibility.
B10 Liquidated Damages
Provisions for liquidated damages are set forth in the Agreement.
B11 Bid Forms
With the exception of the Public Works Employment Verification Form which must be obtained from the Pennsylvania Department of General Services website, www.dgs.state.pa.us, the Bid Forms are attached hereto; additional copies may be obtained from
ENGINEER.
Bid Forms must be completed in ink or by typewriter. The total Bid price on the form must be stated in words and numerals; in case of a conflict, words will take precedence.
Bids by Corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address shall be shown below the signature.
Bids by Partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.
http://www.dgs.state.pa.us/
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B12 Submission of Bids
Bids shall be submitted online via the PennBid Program (www.PennBid.net).
For the bids to be considered complete and acceptable, the following documents/information must be submitted with your bid package.
- Disadvantaged Business Enterprise Solicitation Requirements in accordance with Section F15.
- Contractors Certification of Compliance, Section 3, Section F.
B13 Modification and Withdrawal of Bids
Bids may be modified or withdrawn at any time prior to the opening of Bids.
B14 Award of Contract
OWNER reserves the right to reject any and all Bids for whatsoever cause and to waive any and all informalities in the Bid. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum and/or the products shown as a result of extending unit prices and the correct sum and/or products thereof will be resolved in favor of the correct sum and/or products.
In evaluating Bids, OWNER shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements and alternates and unit prices (if requested) in the Bid forms.
OWNER may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of any or all Bidders.
If the contract is to be awarded, it will be awarded on the Base Bid or Alternate Bid Items selected by the OWNER which are those of the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project.
http://www.pennbid.net/
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B15 Performance and Other Bonds
The General Conditions and/or the Supplemental General Conditions set forth OWNER's requirements as to Performance and other Bonds. When the Successful Bidder delivers the executed Agreement to OWNER it shall be accompanied by the required Contract Security.
B16 Signing of Agreement
When OWNER advises of a Contract Award to the Successful Bidder, it will be accompanied by at least five unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen
(15) days thereafter, CONTRACTOR shall sign and deliver all counterparts of the Agreement to OWNER with all other Contract Documents attached. Within ten (10) days thereafter OWNER will deliver two fully signed counterparts to CONTRACTOR -- one each intended for the CONTRACTOR and the CONTRACTOR's Surety Company.
The times set forth herein are of the essence and Bidder's failure to comply herewith may, at the discretion of the OWNER, result in forfeiture of the Bid Security.
B17 Existing Utilities, Structures, Materials and Subsurface
Conditions
CONTRACTOR is directed to the provisions of the Underground Utility Line Protection Law Act 287 (1974), as amended by Act 181 December 2006, and full compliance therewith is required of the CONTRACTOR.
Certain information regarding the reputed presence, size, character and location of existing underground structures and public and private utilities such as pipes, drains, sewers, electrical lines, telephone lines, cable TV lines, gas lines, water lines, materials and/or subsurface conditions, has been shown on the Contract Drawings.
Neither the OWNER nor the ENGINEER makes any warranty or representation that the information obtained through the Pennsylvania One-Call system is accurate. To this end the CONTRACTOR shall perform due diligence in determining the actual location of the reputed facilities as required by Act 287 as amended.
The CONTRACTOR shall be responsible for and bear all costs of protecting all structures and utilities indicated on the drawings, both above the ground and below the ground, within and outside the right-of-way.
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The CONTRACTOR shall have the responsibility of providing special means to brace and hold the utility lines, the telephone poles, and the electrical power poles in place during the construction, and to reinforce and protect same from future displacement, disturbance or damage attributable to settlement of backfill or surface water erosion of restored areas.
B18 Buy American
In accordance with federal regulations and guidelines the CONTRACTOR agrees that preference will be given to domestic construction materials by the CONTRACTOR, subcontractors, materials, and suppliers in the performance of this contract.
All materials utilized must comply with the American Iron and Steel Act, Steel Products Procurement Act, and Build America, Buy America.
B19 Pennsylvania Sales and Use Tax
Materials and equipment utilized under the contract may or may not be exempt from Pennsylvania sales tax. The CONTRACTOR shall make their own determination as to which, if any, of the materials and equipment utilized under the contract are exempt from sales tax. Beyond issuing a blanket sales tax exemption form, the OWNER and/or ENGINEER will provide no further assistance in this determination. Failure of the CONTRACTOR to make this determination will not be grounds for additional compensation under the contract.
B20 American Iron and Steel/Steel Products Procurement Act
All provisions of the Steel Products Procurement Act, March 3, 1978, P.L.6, No. 3, 73 P.S. §18881 et seq., must be complied with. The CONTRACTOR is required to submit Form SP (provided as the last page of Section B) with each initial shop drawing submittal as applicable.
All iron, steel and manufactured goods used in this project shall, pursuant to the allowances of the Steel Products Procurement Act, be produced in the United States unless:
i. The head of the Owner, in writing, determines that steel products as defined by the Steel Products Procurement Act are not produced in the United States in sufficient quantities to meet the requirements of the contract; or
ii. The steel products, as defined by the Steel Products Procurement Act, are included on a list, published on
All Rights Reserved Worldwide B-7 421/2025-01, 02 the Pennsylvania Department of General Services website, of exempt machinery and equipment steel products identified by the Pennsylvania Department of General Services as having not been produced in the United States in sufficient quantities in the previous calendar year.
Each CONTRACTOR, equipment and material supplier on these contracts is notified that materials utilized under these contracts must comply with the Implementation of American Iron and Steel provisions of P.L. 113-76, Consolidated Appropriations Act, 2014 known as the “AIS Requirement”. Compliance requires all of the iron and steel products used in the project to be produced in the United States (“American Iron and Steel Requirement”) including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor shall represent and warrant to and for the benefit of the OWNER and the State that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the OWNER or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the OWNER or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the OWNER or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the OWNER). While the Contractor has no direct contractual privity with the State, as a lender to the OWNER for the funding of its project, the OWNER and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State.
B21 Build America, Buy America
The CONTRACTOR acknowledges to and for the benefit of the OWNER and PENNVEST (the “Funding Authority”) that is understands the goods and services under this Agreement are being funded with federal monies and have statutory requirements commonly known as
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“Build America, Buy America”, that requires all of the iron and steel, manufactured products, and construction materials used in the project to be produced in the United States (“Build America, Buy America Requirements”) including iron and steel, manufactured products, and construction materials provided by the CONTRACTOR pursuant to this Agreement. The CONTRACTOR hereby represents and warrants to and for the benefit of the OWNER and Funding Authority (a) the CONTRACTOR has reviewed and understands the Build America, Buy America Requirements, (b) all of the iron and steel, manufactured products, and construction materials used in the project will be and/or have been produced in the United States in a manner that complies with the Build America, Buy America Requirements, unless a waiver of the requirements is approved, and (c) the CONTRACTOR will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the Build America, Buy America Requirements, as may be requested by the OWNER or Funding Authority.
Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the CONTRACTOR shall permit the OWNER or Financing Authority to recover as damages against the CONTRACTOR any loss, expense, or cost (including without limitation attorney’s fees) incurred by the OWNER or Funding Authority resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the Funding Authority or any damages owed to the Funding Authority by the OWNER). If the CONTRACTOR has no direct contractual privity with the Funding Authority, as a lender or awardee to the OWNER for the funding of its project, the OWNER and the CONTRACTOR agree that the Funding Authority is a third-party beneficiary, for purposes of this paragraph only, and neither this paragraph (nor any provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the Funding Authority.
B22 Steel Products
Each CONTRACTOR, equipment and material supplier on these contracts is notified that materials utilized under these contracts must comply with the provisions of the Act of March 3, 1978 (P.L.6 No. 3), known as the "Steel Products Procurement Act". The CONTRACTOR is required to submit Form SP (provided as the last page of Section B) with each initial shop drawing submittal as applicable.
All iron, steel and manufactured goods used in this project
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i. The head of the Owner, in writing, determines that steel products as defined by the Steel Products Procurement Act are not produced in the United States in sufficient quantities to meet the requirements of the contract; or
ii. The steel products, as defined by the Steel Products
Procurement Act, are included on a list, published on the Pennsylvania Department of General Services website, of exempt machinery and equipment steel products identified by the Pennsylvania Department of General Services as having not been produced in the United States in sufficient quantities in the previous calendar year.
B23 Named Equipment
The drawings and specifications have been prepared on an "or equal" basis indicating the names of manufacturers of certain major equipment items on which bidders may prepare and submit their Bids.
The Bid Proposal Form has been prepared for the Bidders to indicate the manufacturers of certain major equipment items on which the Bidders lump sum bid is based. The purpose of this is to insure that the OWNER receives acceptable bids with respect to major equipment items. Only those manufacturers listed in the specifications or on the drawings as acceptable may be utilized in the base bid.
Bidders may also submit the name and respective deduction from the lump sum base bid price where spaces are provided on the proposal forms for alternate equipment bids which they propose to be considered.
Bidders shall advise manufactures of those major equipment items which are to be named under the Contracts, that two copies of manufacturer's general bulletins and specifications describing the equipment proposed to be offered are required to be filed with the ENGINEER prior to opening of the bids. Such pre-bid submittals shall be in sufficient detail to illustrate the characteristics of the respective equipment and its conformance with specified and/or desired efficiencies and performance and installation requirements and shall contain all information
All Rights Reserved Worldwide B-10 421/2025-01, 02 pertaining to guarantees and other specific operating data as requested for the particular equipment items in pertinent sections of the Technical Specifications. The ENGINEER and OWNER will review that material after receipt of the bids. The material submitted in support of equipment shall clearly indicate any deviations from the requirements of the plans and specifications.
The Bidders and his MANUFACTURER/SUPPLIER shall be responsible to review the concepts presented herein and on the contract drawings and agree by the bid submitted that any deviations, adjustments, alternations or replacements from the plans or specifications as deemed by his MANUFACTURER/SUPPLIER be at the expense of the bidder or his MANUFACTURER/SUPPLIER.
B24 Non-Discrimination/Sexual Harassment Clause
During the term of the contract, CONTRACTOR agrees as follows:
1. In the hiring of any employee(s) for the manufacture of supplies, performance of work or any other activity required under the contract or any subcontract, the CONTRACTOR, subcontractor or any person acting on behalf of the CONTRACTOR or subcontractor shall not by reason of gender, race, creed or color, discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.
2. Neither the CONTRACTOR nor any subcontractor nor any person on their behalf shall in any manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work or any other activity required under the contract on account of gender, race, creed or color.
3. Contractors and subcontractors shall establish and maintain a written sexual harassment policy and shall inform their employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined.
4. Contractors shall not discriminate by reason of gender, race, creed or color against any subcontractor or supplier who is qualified to perform the work to which the contracts relate.
All Rights Reserved Worldwide B-11 421/2025-01, 02
5. The CONTRACTOR and each subcontractor shall furnish all necessary employment documents and records and permit access to their books, records and accounts by the contracting agency and the Bureau of Minority and Women Business Opportunities (BMWBO), for purposes of ascertaining compliance with provisions of this Non- Discrimination/Sexual Harassment Clause.
6. The CONTRACTOR shall include the provisions of this Non-Discrimination/Sexual Harassment Clause in every subcontract so that such provisions will be binding upon each subcontractor.
7. The Commonwealth may cancel or terminate the contract and all money due or to become due under the contract may be forfeited for a violation of the terms and conditions of this Non-Discrimination/Sexual Harassment Clause. In addition, the agency may proceed with debarment or suspension and may place the CONTRACTOR in the Contractor Responsibility File.
B25 Contract Allowances
BIDDERs for contract 2025-02 shall include the following lump sum prices within their bids:
Specification Section Description Contract Allowance
16400 Utility Company
Work $ 30,000.00
16930 Supervisory, Control and Data Acquisition
(SCADA)
$ 50,000.00
Payment for the allowance shall be measured on a time and material basis and any unused amount of the allowance shall be deleted from the final payment.
End of Section B
Instructions to Bidders
All Rights Reserved Worldwide B-12 421/2025-01, 02
All Rights Reserved Worldwide B-13 421/2025-01, 02
FORM SP
This form must be executed by a Fabricator of any item containing BOTH FOREIGN AND U.S.
MANUFACTURED STEEL. The Steel Products Procurement Act (73 P.S. 1881 et seq.) allows the use of steel products with both types of steel if seventy-five (75%) percent of the cost of the materials (including steel, rubber, wood, plastic, etc.) in the product are manufactured or produced, as the case may be, in the United States.
The Fabricator shall be herein defined as the firm that assembles the component parts of the item(s) to be purchased. The OWNER will accept the certification of firms that are earlier in the chain of purchase (i.e.
manufacturers of components, steel, suppliers) in lieu of the Fabricator. This form must be submitted to the ENGINEER with the initial shop drawing submission and before the product may be incorporated as provided above.
TO BE COMPLETED BY THE FABRICATOR:
1. Contract No. __________________ Contract Title:__________________________________________
2. Specification Paragraph No. ______________ Specification Page:____________________________
3. Product: ____________________________________________________________________________
4. Name of Supplier: ___________________________________________________________________
5. Address of Supplier:__________________________________________________________________
6. Federal Employer I.D. No.:_________________ Phone No. : (___) __________________________
7. Total cost of materials in the item listed in Item 3 that were manufactured/produced in the United States is greater than 75% of total cost of all materials.
________YES _________ NO
CERTIFICATION: I, the undersigned Officer of the above-named firm, do certify that our firm assembled/manufactured the components to the steel products listed in Item 3, that the steel in said product is both foreign and domestically manufactured and that all the facts contained in this document are true. I further understand that this document is subject to the provisions of the Unsworn Falsification to Authorities Act (18 P.S. S4904) which provide penalties including, but not limited to, debarment from supplying and products for Commonwealth of Pennsylvania public works projects for a period of five (5) years for violations therein.
WITNESS:
______________________________________ _______________________________(SEAL)
Secretary or Treasure President or Vice President
(Corporate Seal) (Fabricator's Company) Date:________________________________
All Rights Reserved Worldwide B-14 421/2025-01, 02
All Rights Reserved Worldwide C-1 421/2025-01
Section C
BID FORM
CONTRACT NO. 2025-01 – GENERAL/MECHANICAL CONSTRUCTION
C1 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in Section J of the Contract Documents and, to complete all Work as Specified and within the Contract Time indicated in this Bid, in accordance with the Contract Documents. (Enter I Agree or I Do Not Agree)
C2 BIDDER accepts all of the terms and conditions of the Instructions to Bidders and other components of the Contract Documents. This Bid may not be withdrawn for one hundred forty
(140) days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within fifteen days after the date of OWNER's Notice of Award. (Enter I Agree or I Do Not Agree)
C3.1 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that Bidder has examined copies of all Contract Documents including Sections A through K and all Drawings, and the following Addenda designated as Section L (if any) receipt of all which is hereby acknowledged. (Enter I Agree or I Do Not Agree)
C3.2 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations) and the conditions affecting cost, progress or performance of the work and has made such independent investigations as BIDDER deems necessary. BIDDER has satisfied itself as to the conditions to be encountered both overhead and on the surface of the ground and/or within existing structures and of the character, quality, and quantities of work to be done, materials to be furnished, services required and all other terms of the Technical Specifications and other Contract Documents. BIDDER assumes all risks inherent in performing the work and arising from any deficiencies in the Drawings or Specifications or other Contract Documents and will make no claim against the OWNER or the ENGINEER because of any such alleged deficiency. (Enter I Agree or I Do Not Agree)
All Rights Reserved Worldwide C-2 421/2025-01
C3.3 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that this Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation, BIDDER has not directly or indirectly induced any person, firm, or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER. (Enter I Agree or I Do Not Agree)
C4 BIDDER will complete the Work under Contract No. 2025-01 for the submitted Lump Sum Price. (Enter I Agree or I Do Not Agree)
C5 BIDDER agrees that the lump sum price is predicated on furnishing the following major process equipment at the cost stated below. (The BIDDER shall write the name of the manufacturer on which the base bid is predicated). BIDDER MUST UPLOAD PAGE C-2
TO PENNBID IN THE DESIGNATED AREA AS PART OF THE BID PACKAGE.
Specification Description Write In Cost of Base Item No. Manufacturer Name Bid Equipment
11311 Submersible Chopper Pumps ___________________ $__________
11312 Vertical Centrifugal Sludge Pumps ___________________ $__________
11320 Grit-Grease Removal Equipment ___________________ $__________
11330 Fine Screen Unit ___________________ $__________
11331 Washer/Compactor __________________ $__________
11345 Disinfection Feed Equipment ___________________ $__________
13121 Prefabricated FRP Building ___________________ $__________
C6 BIDDER agrees that the Work will be completed within five hundred forty (540) Calendar days after the date when the Contract Time commences. (Enter I Agree or I Do Not Agree)
C7 BIDDER understands and agrees to coordinate their construction activities with those of the OWNER, the ENGINEER, and the other CONTRACTORS.
All Rights Reserved Worldwide C-3 421/2025-01
C8 BIDDER accepts the provisions set forth in the Agreement in Section J of the Contract Documents as to liquidated damages in the event of failure to complete the Work on time.
C9 The required Bid Security set forth in Paragraphs B7 of the Instructions to Bidders in the form of a certified bank check, or a Bid Bond, the form for which is included as Section D of the Contract Documents, is in the amount of 10% of the Amount of the Bid.
C10 The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions.
C11 BIDDER recognizes that site safety, for all persons (including OWNER and ENGINEER PERSONNEL) who enter the work site, will be the complete responsibility of the BIDDER, if the BIDDER is awarded the Contract and enter into Agreement with the OWNER for the proposed work. The BIDDER certifies acceptance of the site safety responsibility by submitting this Bid Form.
(Enter I Agree or I Do Not Agree)
C12 BIDDER understands this project is funded by PennVest and agrees to adhere to all provisions included in Section B, Instructions to Bidders, and Section F, Supplemental Conditions.
(Enter I Agree or I Do Not Agree)
C13 Enter Bidders Entity Type: Individual, Partnership, Corporation, Joint Venture
All Rights Reserved Worldwide C-4 421/2025-01
All Rights Reserved Worldwide C-5 421/2025-02
Section C
BID FORM
CONTRACT NO. 2025-02 – ELECTRICAL CONSTRUCTION
C1 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in Section J of the Contract Documents and, to complete all Work as Specified and within the Contract Time indicated in this Bid, in accordance with the Contract Documents. (Enter I Agree or I Do Not Agree)
C2 BIDDER accepts all of the terms and conditions of the Instructions to Bidders and other components of the Contract Documents. This Bid may not be withdrawn for one hundred forty
(140) days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within fifteen days after the date of OWNER's Notice of Award. (Enter I Agree or I Do Not Agree)
C3.1 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that Bidder has examined copies of all Contract Documents including Sections A through K and all Drawings, and the following Addenda designated as Section L (if any) receipt of all which is hereby acknowledged. (Enter I Agree or I Do Not Agree)
C3.2 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations) and the conditions affecting cost, progress or performance of the work and has made such independent investigations as BIDDER deems necessary. BIDDER has satisfied itself as to the conditions to be encountered both overhead and on the surface of the ground and/or within existing structures and of the character, quality, and quantities of work to be done, materials to be furnished, services required and all other terms of the Technical Specifications and other Contract Documents. BIDDER assumes all risks inherent in performing the work and arising from any deficiencies in the Drawings or Specifications or other Contract Documents and will make no claim against the OWNER or the ENGINEER because of any such alleged deficiency. (Enter I Agree or I Do Not Agree)
All Rights Reserved Worldwide C-6 421/2025-02
C3.3 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that this Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation, BIDDER has not directly or indirectly induced any person, firm, or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER. (Enter I Agree or I Do Not Agree)
C4 BIDDER will complete the Work under Contract No. 2025-02 for the submitted Lump Sum Price. (Enter I Agree or I Do Not Agree)
BIDDER agrees that the submitted Lump Sum Price for the Wastewater Treatment Plant Phase II Improvements Electrical Construction include the following contract allowances:
Specification Section Description Contract Allowance
16400 Utility Company
$ 30,000.00
Specification Section Description Contract Allowance
16930 Supervisory
Control and Data Acquisition
(SCADA)
$ 50,000.00
C5 BIDDER agrees that the submitted Lump Sum Price includes two
(2) Contract allowances: 1) $30,000 for direct Utility Company work charged and invoiced to the project for electrical system upgrades to the incoming service and 2) $50,000 for direct invoices from the OWNER’s System Integrator for SCADA work related to this project. Payment for the allowances shall be based on submitted invoices, and any unused amount of the allowance shall be deleted from the final payment.
C6 BIDDER agrees that the Work will be completed within Five Hundred Forty (540) Calendar days after the date when the Contract Time commences.
C7 BIDDER understands and agrees to…
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