1-Brockway Area Sewage Authority, Clarifier Bearings, Shaft and Skirt Replacement Project.pdf

BROCKWAY AREA

SEWAGE AUTHORITY

CLARIFIER BEARINGS, SHAFT AND

SKIRT REPLACEMENT PROJECT

Brockway, PA 15824 Jefferson County

Contract #2026 - R1:

General

July 13, 2026

PAGE INTENTIONALLY LEFT BLANK

BROCKWAY AREA

SEWAGE AUTHORITY

CLARIFIER BEARINGS, SHAFT AND

SKIRT REPLACEMENT PROJECT

Brockway, PA 15824 Jefferson County

CONTRACT DOCUMENTS

July 13, 2026

Tibben Zerby, PE

Brockway Area Sewage Authority Clarifier Bearings, Shaft and Skirt Replacement Project

2026 - R1

CEI File No.00224034.000A, 01-0000 Page CONTRACT DOCUMENTS –

TABLE OF CONTENTS

BIDDING REQUIREMENTS:

00030 ADVERTISEMENT FOR BIDS (EJCDC 2018)

00060 GEOTECHNICAL DATA

00200 INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS(EJCDC 2018)

00410 BID FORM – CONTRACT # 2026 - R1, GENERAL (EJCDC 2018)

00430 BID BOND(EJCDC 2018)

00450 NON-COLLUSION AFFIDAVIT OF BIDDER

00451 STATEMENT OF BIDDER’S / CONTRACTOR / SUBCONTRACTOR QUALIFICATIONS (EJCDC 2018)

00490 CERTIFICATION OF BIDDER – DOT DRUG AND ALCOHOL TESTING

CONTRACT FORMS:

00510 NOTICE OF AWARD(EJCDC 2018)

00520 PROPOSED AGREEMENT BETWEEN OWNER & CONTRACTOR FOR CONSTRUCTION

CONTRACT(EJCDC 2018)

00550 NOTICE TO PROCEED(EJCDC 2018)

00610 PERFORMANCE BOND(EJCDC 2018)

00615 PAYMENT BOND(EJCDC 2018)

00616 CERTIFICATE OF INSURANCE

00620 PARTIAL PAYMENT ESTIMATE(EJCDC 2018)

00625 CERTIFICATE OF SUBSTANTIAL COMPLETION(EJCDC 2018)

00626 NOTICE OF ACCEPTABILITY(EJCDC 2018)

CONDITIONS OF THE CONTRACT:

00700 GENERAL CONDITIONS(EJCDC 2018)

00800 SUPPLEMENTAL CONDITIONS(EJCDC 2018)

WAGE HOUR DIVISION FORM 347 (PAYROLL)

00815 SPECIAL CONDITIONS- STATE REQUIREMENTS-

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

WEEKLY PAYROLL CERTIFICATION FORM (LLC-25).

PA PREVAILING WAGE DETERMINATION #26-06546

PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PRPOTECTION, GENERAL PERMIT 0

00825 NON-DISCRIMINATION/SEXUAL HARASSMENT CLAUSE & FORM

00830 NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR

00840 TRANSFER OF NPDES DURING CONSTRUCTION

00940 WORK CHANGE DIRECTIVE(EJCDC 2018)

00941 CHANGE ORDER(EJCDC 2018)

00942 FIELD ORDER(EJCDC 2018)

00990 ADDENDA

CEI File No.00224034.000A, 01-0000 Page CONTRACT DOCUMENTS –

CEI File No.00224034.000A, 01-0000 00111-1 ADVERTISEMENT FOR BIDS

SECTION 00111

ADVERTISEMENT FOR BIDS

Brockway Area Sewage Authority (Owner) is requesting Bids for the construction of the following Project: Clarifier Bearings, Shaft and Skirt Replacement Project.

Bids for the construction of the Project will be received via either the PennBid.net website or hard copy paper bids with required attachments hand delivered to the Brockway Area Sewage Authority located at 70 Industrial Park Drive Brockway, PA 15824 until 1:00 PM local time, Wednesday, August 12, 2026.

Bids received will be PUBLICLY opened and read aloud at 1:00 PM, Wednesday, August 12, 2026 at the place of bid opening, 70 Industrial Park Drive, Brockway, PA 15824.

Work to be completed under this Contract consists of furnishing all equipment and labor for installation of material to be provided by the Owner and performing all work as necessary or required to remove and replace existing skirt in Clarifier #1 and #2 and the replacement of the steady shaft and bearing in clarifier #2 at the Brockway Area Sewage Authority Waste Water Treatment Plant. All as set forth on the Drawings and in these Specifications. Contractor shall be responsible for ensuring one clarifer is operational during the project.

Bids are requested for the following Contract(s): 2026 - R1, General.Obtaining the Bidding Documents

The Issuing Office for the Bidding Documents is:

Century Engineering, a Kleinfelder Company, 330 Innovation Blvd, Suite 305, State College, PA 16803.

Prospective Bidders may examine the Bidding Documents at no cost either electronically at www.PennBid.net or at the Issuing Office, Monday through Thursday, 8:00 AM to 5:00 PM, or Friday from 8:00 AM to Noon. Bidding Documents may be obtained at no cost electronically at www.PennBid.net or may be purchased for $100.00 (non-refundable)(includes only USPS regular mail), from the Issuing Office.

Pre-bid Conference

No pre-bid conference for this project will be held.

Instructions to Bidders.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

Pennsylvania Prevailing wage act applies to this Project.

This Project was financed [in part] by a grant from the Commonwealth of Pennsylvania, Commonwealth Financing Authority

This Advertisement is issued by:

Owner: Brockway Area Sewage Authority By: Rick Boleen Title: Operator/Plant Manager Date: July 13, 2026

CEI File No.00224034.000A, 01-0000 00111-1 ADVERTISEMENT FOR BIDS

CEI File No.00224034.000A, 01-0000 00200-i INSTRUCTIONS TO BIDDERS

SECTION 00200

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

Article 22— Contracts to Be Assigned: NOT applicable this project

Article 23— Federal Requirements

Article 24— State Requirements

CEI File No.00224034.000A, 01-0000 00200-1 INSTRUCTIONS TO BIDDERS

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Allowance (Bid Item) – An Owner defined, project funded, budgeted amount that has been pre-approved and designated for selective work defined by either a bid item and corresponding Measurement and Payment section explanation or for any changes and additions to the project scope. The Allowance is not a guaranteed amount and will only be expended and approved for payment to the selected contractor upon issuance of a work change directive or change order.

B. Alternate(s) (bid Item group) – An bid item or group of bid items which, dependent on the funding available, bid prices or other variables, which at the Owner’s option may be awarded to the selected bidder for construction or procurement.

C. Bidder - one who submits a Bid directly to the Owner as distinct from a sub-bidder, who submits a bid to a Bidder.

D. Issuing Office--The office from which the Bidding Documents are to be issued, registers plan holders and where the bidding procedures are to be administered.

E. Successful Bidder - the lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

F. PennBid Program - Online document and sealed bid management system available at www.PennBid.net.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Bidder may register as a plan holder and obtain complete sets of Bidding Documents, in the number and format stated in the Advertisement or invitation to bid, from the Issuing Office. Bidders may rely that sets of Bidding Documents obtained from the Issuing Office are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.04 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

CEI File No.00224034.000A, 01-0000 00200-2 INSTRUCTIONS TO BIDDERS

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version [insert version number] or later. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

C. After the Contract is awarded, the Owner will provide or direct the Engineer to provide for the use of the Contractor documents that were developed by Engineer as part of the Project design process, as Electronic Documents in native file formats.

1. Release of such documents will be solely for the convenience of the Contractor.

No such document is a Contract Document.

2. Unless the Contract Documents explicitly identify that such information will be available to the Successful Bidder (Contractor), nothing herein will create an obligation on the part of the Owner or Engineer to provide or create such information, and the Contractor is not entitled to rely on the availability of such information in the preparation of its Bid or pricing of the Work. In all cases, the Contractor shall take appropriate measures to verify that any electronic/digital information provided in Electronic Documents is appropriate and adequate for the Contractor’s specific purposes.

3. In no case will the Contractor be entitled to additional compensation or time for completion due to any differences between the actual Contract Documents and any related document in native file format.

CEI File No.00224034.000A, 01-0000 00200-3 INSTRUCTIONS TO BIDDERS

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A pre-bid conference will not be conducted for this Project.

4.02 In-person operations in the Commonwealth must adhere to requirements of the Governor’s order and CDC guidelines, as well as all applicable business and building safety orders issued by the Secretary of Health. Local political units may elect to impose more stringent requirements that must be followed.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor.

Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

CEI File No.00224034.000A, 01-0000 00200-4 INSTRUCTIONS TO BIDDERS

c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Other Site-related Documents

A. In addition to the documents regarding existing Site conditions referred to in Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the Site are known to Owner and made available to Bidders for reference:

5.04 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

B. Bidders visiting the Site are required to arrange their own transportation to the Site.

C. All access to the Site other than during a regularly scheduled Site visit must be coordinated through the Owner or Engineer contact for visiting the Site:

D. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

E. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

F. PA ONE CALL

1). Call Before You Dig! Pennsylvania State law requires a three (3) business day notice (does not include state holidays or weekends), but not more than ten (10) business days prior to the start of excavation and 10 business day notice, but not more than 90 business days in Design Stage. Call 8-1-1 or 1-800-242-1776, PA One Call.

CEI File No.00224034.000A, 01-0000 00200-5 INSTRUCTIONS TO BIDDERS

2). Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

G. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.05 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

5.06 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid.

Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer via PennBid or in the case of a hard copy plan holder via writing

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the

CEI File No.00224034.000A, 01-0000 00200-6 INSTRUCTIONS TO BIDDERS

Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten percent (10%) of Bidder’s maximum Bid price (determined by adding the base bid and all alternates (If any)) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents. Sureties shall be Acceptable Reinsuring Companies” as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 31 days after the Bid opening.

8.05 In case the bonds, Agreement, or certificates of insurance submitted by the Bidder do not meet the requirements of the Contract Documents, and changes are to be made before these documents can be accepted by the Owner, the Bidder is obligated to accept an extension of the date of award of the Contract, or the date of issuance of Notice to Proceed, as the case may be, for that period of additional time required to furnish acceptable documents.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or‐equal” or substitute materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or‐ equal” or substitute unless written request for approval has been

CEI File No.00224034.000A, 01-0000 00200-7 INSTRUCTIONS TO BIDDERS submitted by Bidder and has been received by Engineer at least n/a days prior to the date for receipt of Bids in the case of a proposed substitute and n/a days prior in the case of a proposed “or-equal.” Each such request shall comply with the requirements of Paragraphs

7.04 and 7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. Substitutes and “or-equal” materials and equipment may be proposed by Contractor in accordance with Paragraphs 7.04 and 7.05 of the General Conditions after the Effective Date of the Contract.

10.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post‐Bid approvals of “or‐ equal” or substitution requests are made at Bidder’s sole risk.

10.03 If an award is made, Contractor shall be allowed to submit proposed substitutes and “or-equals” in accordance with the General Conditions.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work within five days after Bid opening.

11.02 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

11.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

11.04 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

11.05 The Contractor shall not award work to Subcontractor(s) in excess of the limits stated in SC 7.07.A.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink.

Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid

CEI File No.00224034.000A, 01-0000 00200-8 INSTRUCTIONS TO BIDDERS price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink below the signatures.

12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.

12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form and the Qualifications Form.

ARTICLE 13—BASIS OF BID

13.01 Lump Sum

A. Bidders must submit a Bid on a lump sum basis as set forth in the Bid Form.

CEI File No.00224034.000A, 01-0000 00200-9 INSTRUCTIONS TO BIDDERS

13.06 Allowances

A. For cash allowances the Bid price must include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

ARTICLE 14—SUBMITTAL OF BID

14.01 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 2 of the Bid Form. For non-electronic (hard copy) bid submittals, Bidder shall prepare and submit one signed original of bid form, bid bond and all required attachments to the bid form (bid package) and two photocopies of the entire bid package. For electronic bid submittals, if requested, these bidders may be requested to provide an original hard copy of the signed bid form, bid bond and all required bid form attachments (entire bid package).

14.02 A Bid must be received no later than the date and time prescribed and at the place or method indicated in the Advertisement or invitation to bid (or as changed by addendum) and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid package and any required copies must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement.

14.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

15.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts

CEI File No.00224034.000A, 01-0000 00200-10 INSTRUCTIONS TO BIDDERS of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

16.02 Bids will be opened PUBLICLY.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional/alternative Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner will announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

C. Sectional bids will not be used or entertained.

D. For the determination of the apparent low bidder, bids will be compared on the basis of the total of the products of the estimated quantity of each item and the unit price bid for that item, together with any lump sum items. Owner reserves rights to negotiate contract amount.Cost plus Fee bids will not be used or entertained .

18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and

CEI File No.00224034.000A, 01-0000 00200-11 INSTRUCTIONS TO BIDDERS

Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

18.08 Bidder agrees that if awarded a contract, whether or not their bid was placed via Penn Bid or via hard copy bid to Owner, that the bidder will pay Penn Bid their required amount based on the Penn Bid percentage up to the maximum amount in accordance with the Penn Bid Terms and Conditions.

ARTICLE 19—BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

19.03 The party to whom the Notice of Intent to Award is given will be required to obtain the Performance Bond and Payment Bond within fifteen (15) calendar days from the date of receipt of the Notice of Intent to Award. The Notice of Intent to Award shall be accompanied by the necessary Bond forms.

19.04 In case the bonds, Agreement, or certificates of insurance submitted by the Bidder do not meet the requirements of the Contract Documents, and changes are to be made before these documents can be accepted by the Owner and Rural Development, the Bidder is obligated to accept an extension of the date of award of the Contract, or the date of issuance of Notice to Proceed, as the case may be, for that period of additional time required to furnish acceptable documents.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 Within ten (10) days after the approval of the Bonds, the Owner will issue the Notice of Award. When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed

CEI File No.00224034.000A, 01-0000 00200-12 INSTRUCTIONS TO BIDDERS counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 21—SALES AND USE TAXES

21.01 Owner is exempt from state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes must not be included in the Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.

ARTICLE 22—CONTRACTS TO BE ASSIGNED

22.01 Bidder’s attention is directed to the provisions of Paragraph 11.02 of the Agreement which provide for the assignment of the Contract to a construction contractor designated by the Buyer to construct the Clarifier Bearings, Shaft and Skirt Replacement Project. Bidder should consider the application of the terms and conditions of the Contract Documents after assignment, and is advised of the duty to continue to perform the Contract after it has been assigned to the construction contractor. Timing of the assignment is set forth in the Agreement. Forms documenting the assignment of the Contract and for the agreement of the Seller’s surety to such assignment are included as attachments to the Agreement.

ARTICLE 23—FEDERAL REQUIREMENTS – NOT USED

ARTICLE 24—STATE REQUIREMENTS

24.01 The requirements at Article 20 of the Supplementary Conditions apply to this Contract.

24.02 The work under this contract is subject to the provisions of the Pennsylvania Prevailing Wage Act of 1961, P.L. 987, No. 442, as amended and currently in effect. Refer to paragraph 18 of the Supplementary Conditions for the Labor Standards Provision clauses that are part of this contract.

CEI File No.00224034.000A, 01-0000 00200-13 INSTRUCTIONS TO BIDDERS

CEI File No.00224034.000A, 01-0000 00410-1 BID FORM FOR CONSTRUCTION CONTRACTS

SECTION 00410

BID FORM FOR CONSTRUCTION CONTRACT

CONTRACT #2026 - R1: GENERAL

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDERThis Bid is submitted to: Brockway Area Sewage Authority, 70 Industrial Park Drive, Brockway, PA 15824.

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents and all issued addendums.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

ARTICLE 3—BASIS OF BID—LUMP SUM BID AND UNIT PRICES

3.01 Lump Sum Bids

A. NOT APPLICABLE

3.02 Unit Price Bids

A. NOT APPLICABLE

CEI File No.00224034.000A, 01-0000 00410-2 BID FORM FOR CONSTRUCTION CONTRACTS

3.03 Total Bid Price (Lump Sum and Unit Prices)

A.

B. Bidder acknowledges that:

1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and

2. estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

4.01 NOT APPLICABLE

5.01 NOT APPLICABLE

ARTICLE 6—TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

CEI File No.00224034.000A, 01-0000 00410-3 BID FORM FOR CONSTRUCTION CONTRACTS

ARTICLE 7—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

7.01 Bid Acceptance Period

A. The Bid will remain subject to acceptance for 60 days after the Bid opening, except if the award is delayed by a required approval of another government agency, the sale of bonds, or the award of a grant, the Owner shall reject all bids or award the contract to the lowest responsible and responsive bidder within one hundred and twenty days of the bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

7.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

7.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda: [Add rows as needed.

Bidder is to complete table.]

Addendum Number Addendum Date

ARTICLE 8—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

8.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda, the Invitation for Bids, Signature Documents, the form of Bid, the form of Bid Bond, the form of Contract, the Non-Collusion Affidavit, the form of Surety Bond or Bonds, the Contract Conditions, any Federal Requirements, any State Requirements, Specifications, the other related data identified in the Bidding Documents.

2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work and including all American Iron and Steel requirements.

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

CEI File No.00224034.000A, 01-0000 00410-4 BID FORM FOR CONSTRUCTION CONTRACTS

6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site;

information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and (c) Bidder’s (Contractor’s) safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

8.02 Bidder’s Certifications

A. The Bidder certifies the following:

1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

3. Bidder has not solicited or induced any individual or entity to refrain from bidding.

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A:

a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process.

b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition.

CEI File No.00224034.000A, 01-0000 00410-5 BID FORM FOR CONSTRUCTION CONTRACTS

c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels.

d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

5. Bidder acknowledges that that they are compliant with, and will remain compliant with the Pennsylvania Department of Labor Unemployment Compensation regulations and are not listed as non-compliant on the Non- Compliance list located at https://www.dli.pa.gov/Documents/Non- Compliance-Lists/UC-Non-Compliance-List.pdf and will immediately notify the Project Owner if they should become non-compliant during the duration of the contract and warranty period.

6. Bidder acknowledges that that they are compliant with, and will remain compliant with the Pennsylvania Department of Labor regulations regarding commonwealth's labor laws and have met their legal obligation such as paying owed back wages, or fines and fees to the department and are not listed as non-compliant on the Non-Compliance list located at https://www.dli.pa.gov/Documents/Non-Compliance-Lists/BLLC-Non- Compliance-List.pdf and will immediately notify the Project Owner if they should become non-compliant during the duration of the contract and warranty period.

7. Bidder acknowledges that that they are compliant with, and will remain compliant with the Pennsylvania Department of Labor regulations…