SPECIFICATIONS

AND

CONTRACT DOCUMENTS

FOR

CONTRACT 26-1

NEW MORGAN WATER TANK REPLACEMENT

PREPARED FOR

NEW MORGAN BOROUGH UTILITIES AUTHORITY

200 BETHLEHEM DRIVE, SUITE 102

MORGANTOWN, PA 19543

PREPARED BY:

Ebert Engineering, Inc.

Water and Wastewater Engineering

P.O. Box 540 4397 Skippack Pike Skippack, PA 19474

EE, INC. PROJECT NO. 046-051

APRIL 29, 2026

This project is subject to the requirements of the following grant:

• COVID-19 ARPA H2O PA Grant

TABLE OF CONTENTS

TC/1

EE, Inc.

SECTION NO. SECTION TITLE PAGES

CONTRACT DOCUMENTS

AB Advertisement for Bids

BCL Bidder’s Check List

IB Instructions to Bidders

BG Bidder General Information

EEFS Experience, Equipment and Financial Statement

IFB Information to be furnished by the Bidder

BB Bid Bond

NC Non-Collusion Affidavit

AG Agreement Between Contractor and Owner

PB Performance Bond

PA Payment Bond

SC Subcontractor Certification

NA Notice of Award

NP Notice to Proceed

MA Maintenance Bond

CAP Contractor’s Application for Payment

CSC Certificate of Substantial Completion

PW Prevailing Wages

SIR Supplimental Insurance Requirements

GC General Conditions

EVF Public Works Employment Verification Form

TC/2

SECTION NO. SECTION TITLE PAGES

PWD Public Works Disclosure

CNF Certification of Non-Segregated Facilities

VCE Verification of Contractor Eligibility

VOLUME 1 of 1

DIVISION 1 – GENERAL REQUIREMENTS

01000 Summary of the Work 01010 General Requirements 01060 Mobilization and Close-Out 01100 Drawing Schedule 01300 Submittals 01310 Project Management and Coordination 01320 Construction Progress Documentation 01380 Construction Photographs 01410 Testing Laboratory Services 01500 Temporary Facilities and Controls 01550 Protection of Environment 01560 Erosion and Sedimentation Control 01600 Material and Equipment 01630 Substitutions 01700 Special Requirements 01720 Project Record Documents 01730 Operation and Maintenance (O&M) Data 01770 Closeout Procedures 01820 Demonstration and Training

DIVISION NO. 2 – SITE WORK

02050 Demolition 02110 Clearing and Grubbing 02210 Site Grading 02215 Earthwork 02220 Excavation Backfill and Compaction 02250 Environmental Protection 02660 Water Mains 02661 Water Main Valves 02675 Testing and Disinfection of Water Mains 02810 Restoration of Disturbed Areas 02905 Landscaping

TC/3

SECTION NO. SECTION TITLE PAGES

DIVISION NO. 3 – CONCRETE

03150 Concrete Formwork 03200 Concrete Reinforcement 03302 Concrete Work for Utilities 03304 Cast-In-Place Concrete

DIVISION NO. 5 – METALS

05000 Miscellaneous Metals and Fiberglass Products 05120 Structural Steel

DIVISION 9 – PAINTING

09900 Painting (Structural and Mechanical)

DIVISION 11 – EQUIPMENT

11000 Mechanical Equipment – General 11008 Piping and Appurtenances 11200 Welded Steel Storage Tank

DIVISION 16 – ELECTRICAL

16050 Basic Electrical Materials and Methods 16060 Grounding and Bonding 16073 Hangers and Supports for Electrical Systems 16075 Identification for Electrical Systems 16120 Low-Voltage Electrical Power Conductors and Cables 16123 Control-Voltage Electrical Power Cables 16130 Raceways and Boxes for Electrical Systems 17120 Process Control Networks

APPENDICES

Appendix A COVID-19 ARPA H20 PA Grant Appendix B Geotechnical Report Appendix C NPDES Permit

Advertisement for Bids

AB-1

NEW MORGAN BOROUGH UTILITIES AUTHORITY

200 BETHLEHEM DRIVE, SUITE 120

MORGANTOWN, PA 19543

ADVERTISEMENT FOR BIDS

The New Morgan Borough Utilities Authority is soliciting sealed bids online via the PennBid program for Contract 26-1, New Morgan Water Tank Replacement. All documents and solicitation details are available at no cost from PennBid at www.pennbid.bonfirehub.com. This Project is financed by the COVID-19 ARPA H2O PA Grant included in the bid documents.

The project proposes replacing the existing bolted steel tank with a welded steel tank 56’ – 0” in diameter and 32’ – 0” in height (589,624 gallons) located adjacent to the existing tank. The work involved with installation of the water storage tank includes, but is not limited to, restoring the site access road, demolition of the existing tank and concrete foundation pad, installation of a new foundation pad, erection of the new welded steel tank, installing new connection piping to the existing water system, and installing electrical and control wiring for level sensing, alarm floats, and a tank mixer.

Sealed bids shall be submitted and updated online via the PennBid Program until 2:00 PM on June 3, 2026.

All bidders can contact the New Morgan Borough Utilities Authority to visit the site. The Authority contact is Ashlyn Whittingham (Manager), and the telephone number is 610.286.9666.

A non-mandatory pre-bid meeting will be held at the New Morgan Borough Utilities Authority Building, located at 200 Bethlehem Drive, Suite 102, Morgantown, PA 19543 on May 20, 2026 at 10:00 AM.

Requirements for a 10% Bid Bond, 100% Performance Bond, 100% Payment Bond, 10% Maintenance Bond and Contractor's Insurance are included in the Contract Documents.

Each Bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Instruction to Bidders. New Morgan Borough Utilities Authority reserves the right to reject any or all bids, and to make such award as appears most advantageous to the Authority.

Bids are invited from qualified bidders.

This project is subject to the Pennsylvania Prevailing Wage Act, 43 P.S. §§ 165-1 et seq., and the requirements of the COVID-19 ARPA H2O PA grant. All bidders must comply with the Non-discrimination/sexual harassment provisions of the contract and name the Commonwealth Authority as Additionally Insured.

http://www.pennbid.bonfirehub.com/

BIDDER’S CHECKLIST

Bidder’s Check List

BCL-1

The following items must be submitted with the Bidding Documents:

1. Bid Form – Electronically Submitted via PennBid

2. Bid Guarantee (10%) (Bid Bond)

3. Non-collusion Affidavit

4. Bidders General Information

5. Experience, Equipment and Financial Statement for Prospective Bidders

6. Contingent Liabilities (Part of Experience, Equipment and Financial Statement)

7. Information To Be Furnished By the Bidder

8. Certified copy of “Power of Attorney” for Attorney-In-Fact who signed the Bid Bond signed by an officer of the surety

9. Financial Statement of the Surety Company

10. Certificate from a surety company certifying that the surety would provide the required bonds if Bidder is awarded the Contract

11. Subcontractor Certification

12. Public Works Employment Verification Form

13. Public Works Disclosure Form

14. Certification of Non-Segregated Facilities

15. Verification of Contractor Eligibility

Instruction to Bidders

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INSTRUCTION TO BIDDERS

A. SCOPE OF WORK

See Section 01000 Summary of Work and Contract Drawings.

B. EXAMINATION OF FACILITIES

Bidders are required to inspect the project area so that they may use their own judgment with respect to all circumstances affecting the cost of the services in question and the nature of the work to be performed. Bidders shall assume all risks, whether or not patent, latent, known, hidden or foreseeable.

C. SPECIFICATIONS AND DOCUMENTS

Bidders are advised to examine carefully the Specifications and all Documents describing the proposed work and make their own independent judgment with respect to the circumstances affecting the cost of work and the performance required. The failure or omission of any Bidder to receive or examine any form, instrument, addendum or other document, or to acquaint himself/herself with conditions existing, shall in no way relieve him or her of any obligations with respect to his or her Bid or to the Contract.

The Contract Documents are defined in the GENERAL CONDITIONS and may be obtained from PennBid (www.pennbid.bonfirehub.com) at no cost as stated in the Advertisement for Bids.

Bidders shall make their own determination as to conditions and shall assume all risk and responsibility and shall complete the work in and under conditions they may encounter or create, without extra cost to the Authority.

D. CONDITION OF WORK

New Morgan Borough Utilities Authority does not make any representations in connection with any phase of this proposal or in connection with any supplementary material which forms part of the total proposal.

Bidders must inform themselves fully of all the conditions relating to the work in question. Failure to do so will not relieve the successful bidder of his obligation to furnish and perform the work which forms the basis of this proposal, or to carry out the provisions of the contract with respect to performance of the contemplated work set forth in his/her Bid.

Insofar as possible, the successful Bidder in the execution of the Work called for in this proposal shall employ such methods or means as will avoid any interruption or interference with the operation of the affairs of the New Morgan Borough Utilities

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Authority, and likewise take the necessary steps to ensure that during the course of his/her performance there will be no infringement on the rights of the public.

It is likewise understood and required that the successful Bidder shall, in the performance of this Contract, employ such methods as will avoid violation of any applicable Federal laws, statutes of the Commonwealth of Pennsylvania, regulation of said State or any political subdivision thereof, or Ordinance of the Owner.

E. PREPARATION OF PROPOSALS

Each Bidder shall submit a proposal for the entire amount of work called for in the Specifications in the Contract Documents which form a part of this proposal, and the failure to conform to this requirement may result in the classification of such a bid as "irregular" and may render the same subject to rejection. The attachment of any conditions, limitations or ancillary provisions by a Bidder to his or her proposal may cause a similar classification and have a similar effect.

Each Bid must be prepared and submitted electronically using the Bid Form available on PennBid (www.pennbid.bonfirehub.com). The following items must accompany the proposal:

Bid Guarantee (10%) (Bid Bond) Non-collusion Affidavit Bidder’s General Information Experience, Equipment and Financial Statement for Prospective Bidders Information To Be Furnished by the Bidder Certified copy of “Power of Attorney” for Attorney-In-Fact who signed the Bid Bond signed by an officer of the surety Financial Statement of the Surety Company Certificate from a surety company certifying that the surety would provide the required bonds if Bidder is awarded the Contract Subcontractor Certification Public Works Employment Verification Form Public Works Disclosure Form Certification of Non-Segregated Facilities Verification of Contractor Eligibility

The Bids received will be compared on the basis of the products of the quantities of items listed at the unit prices bid.

F. BIDDER'S AFFIDAVITS

Each Bidder shall complete and execute the affidavits, incorporated with and made part of the proposal document. These affidavits are contained herein.

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G. WITHDRAWAL OF PROPOSAL

Sealed bids may be modified or withdrawn at any time prior to the date and time of bid closing.

H. CONSENT OF SURETY

Each proposal shall be accompanied by a consent of surety from an approved surety company that is licensed to conduct business in the Commonwealth of Pennsylvania; and such letter shall state that the surety bond and any bond that is made a condition of the awarding of this contract and anywhere in this proposal will be provided.

I. BID BOND

Each proposal shall be accompanied by a Bid Bond or Certified Check, to the Order of the Authority, in the amount of Ten percent (10%) of the Total Bid Price submitted as a guarantee that the contract would be executed if awarded.

J. DISPOSAL OF PROPOSAL GUARANTEE

As soon as the lowest responsible Bidder has been selected, the award made, and the successful Bidder has executed the Contract and furnished the required security for the performance of the Contract, all bid bonds and checks submitted with Bids shall be returned to all unsuccessful Bidders. Upon the execution and delivery of the Contract and the furnishing of the required bonds or security for the performance of said Contract, the bid bond submitted by the successful Bidder shall be returned. In case the successful Bidder shall fail to execute and deliver the Contract and the necessary bonds within fifteen (15) days after notice from the Authority to do so, the award to the successful bidder shall be vacated and such bid bond or check shall be forfeited as liquidated damages.

K. INTERPRETATIONS

No verbal interpretations of the meaning of the Specifications or other Contract Documents will be made to any Bidder. Any supplemental instructions will be in the form of addenda to the Specifications. Failure of any Bidder to receive any such addendum shall not relieve the Bidder from any obligations under his/her bid as submitted, nor from any obligations to conform to the requirements set forth in the specifications or other Contract Documents.

Should the Bidder detect any potential discrepancies, conflicts, errors or omissions in the Drawings, Specifications, or other Contract Documents, or should he or she be in doubt as to their meaning, he should at once notify the Engineer. All questions must be submitted to the Engineer via PennBid’s “Question” tab as early as possible in the bidding period. Questions received after the Question Cutoff Date specified on the PennBid “Question” tab will not be considered. No oral answers or interpretations will be

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provided. All answers will be incorporated in Addenda to the Specifications, which shall become a part of the Contract. The Engineer will post a copy of each Addendum to PennBid’s “Documents” tab and notify bidders via email.

L. QUALIFICATIONS OF CONTRACTORS

The Contractor shall submit names and addresses of similar installations where the Contractor has provided similar services over the past three (3) years. Bidders shall also complete and attach to their bid a Statement of Bidders Qualifications (Bidders General Information).

M. AFFIDAVIT OF NON-COLLUSION

Each Bidder shall be required to submit an affidavit of non-collusion on the form included in and made a part of this Proposal.

N. PAYMENT AND PERFORMANCE BONDS

The successful Bidder shall be required to furnish a performance bond for the faithful performance of the Contract in the sum of 100% of the total Contract amount. In addition, the successful Bidder shall be required to furnish a payment bond in the sum of 100% of the total Contract amount to ensure that all labor, materials and equipment supplied to the project will be paid in full. All bonds shall be filed with the office of the Engineer no later than fifteen (15) days after the award of the contract. Said bonds shall be that of an approved surety company authorized to transact business within the Commonwealth of Pennsylvania, and proof of same shall be submitted to the satisfaction of the Owner, agents of bonding company shall furnish the necessary power of attorney, bearing the seal of the company and evidencing such agents authorized to execute the particular type of bond to be furnished, as well as the right of the surety company to conduct business in the Commonwealth of Pennsylvania.

O. EXECUTION OF CONTRACT AND COMMENCEMENT OF WORKS

The successful Bidder shall execute a contract containing provisions substantially in conformance with the provisions of these Contract Documents promptly after the award of the Bid and shall commence work as soon as practical but no later than 15 days after contract execution. Said Contract shall in all respects be interpreted and construed in accordance with the laws of the Commonwealth of Pennsylvania.

P. DISQUALIFICATION OF BIDDERS

Although not intended to be an exhaustive list of causes for disqualification, any one or more of the following causes, among others, may be considered sufficient for the disqualification of a Bidder and the rejection of his/her Bid:

(a) Evidence of collusion among Bidders.

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(b) Lack of competency as revealed by financial statements, experience or equipment statements as submitted by the bidder.

(c) Lack of responsibility as shown by past work, judged by the Engineer from the standpoint of workmanship as submitted.

(d) Default on a previous municipal contract for failure to perform.

Q. METHOD OF AWARD

The Owner reserves the right not to accept any Bid or, to reject any or all Bids, and to waive defects or irregularities in any Bids. In particular, any alteration, erasure or interlineations of the Contract Documents shall render the accompanying Bid irregular and be subject to rejection by the Owner. The Owner intends that the Contract shall be awarded within ten (10) days following the date that bidding is closed on PennBid.

R. WORKER'S COMPENSATION INSURANCE

The Contractor shall, during the term of this Contract, maintain a policy of Worker's Compensation, at statutory limits, and employer’s liability insurance, with limits of not less than the following, or such greater amounts as required by law: Bodily Injury by Accident of $1,000,000.00. Each Accident, Bodily Injury by Disease $1,000,000.00 Policy Limit, Bodily Injury by Disease $1,000,000.00 Each Employee. The Commonwealth Financing Authority, New Morgan Borough Utilities Authority, and Ebert Engineering, Inc. shall be listed as Additionally Insured.

S. LIABILITY INSURANCE

The Contractor shall maintain, during the term of this Contract, at its own expense, the following liability insurance coverage:

1. Commercial General Liability Insurance for bodily injury in the amount of

$1,000,000.00 each occurrence with aggregate limits $2,000,000.00 and property damage liability in the amount of $1,000,000.00.

2. Automotive Liability Insurance limits of $1,000,000.00 for any one accident. The coverage should include hired auto or borrowed auto, and non-ownership liability in the amount of $1,000,000.00.

3. Umbrella Liability coverage in the amount of $3,000,000.00.

4. All policies will have A. M. Best Co. rating of A- or higher.

The required policies of insurance and others that may be necessary to comply herewith shall be maintained in the amounts set forth and shall name the Owner as co-insured and

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shall otherwise indemnify and hold the Owner harmless from all manner of claims and lawsuits arising out of the performance of this Contract at the insurer's expense, all necessary legal aid, counsel and representations to the Owner.

All required insurance policies shall be issued by an insurance carrier licensed and authorized to do business in the Commonwealth of Pennsylvania and shall be obtained and properly endorsed in favor of the Owner before execution of the Contract hereunder.

The policies shall remain in full force and effect until the expiration of the term of this Contract or the completion of all duties to be performed hereunder by the Contractor, whichever shall occur later. The Contractor shall deposit with the Owner the original policies of insurance or true copies thereof prior to commencing work under this Contract.

Each and every policy of insurance required pursuant to the terms of this Contract shall carry with it an endorsement to the effect that the insurance carrier will send the Owner, by certified mail, return receipt requested, written notice of any modifications, alterations or cancellations of any such policy or policies or the terns thereof at least thirty (30) days prior to the effective date of any such modifications, alternations or cancellations. If such modifications, alterations or cancellations shall cause the insurance coverage required hereunder to fail to meet the minimum requirements set forth herein, the Contractor shall be deemed to be in default and the Owner may terminate this agreement as of the effective date of such change in insurance coverage, and the surety on the performance bond may be held responsible by the Owner for losses resulting therefrom. The Commonwealth Financing Authority, New Morgan Borough Utilities Authority, and Ebert Engineering, Inc. shall be listed as Additionally Insured.

T. ASSIGNMENT

Neither this Contract, nor any portion thereof, may be assigned, sublet or transferred to any person, firm or corporation, except upon the written consent or approval of the Owner.

U. INDEMNIFICATION

The Contractor shall indemnify, save harmless, and defend the Owner, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims and demands, and pay all damages, court costs, expenses and attorney's fees incident thereto and pertaining to any work done in the performance of this Contract or omission of the Contractor, its officers, agents, servants and employees, as more fully set forth in Section 6.20 of the General Conditions.

V. EXTRA WORK OR MATERIALS

The Contractor shall not be entitled to demand or receive payment for any work as "extra work" or "extra materials" unless ordered in writing by the Owner, at a price agreed upon in writing by the Contractor and the Owner prior to its commencement or delivery.

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W. CONTRACTOR DEFAULT

In the event of the failure of the Contractor to provide the equipment and do the work required under the Contract, the Owner may suspend or terminate the Contract in accordance with Article 15 of the General Conditions.

X. FORBEARANCE NOT A WAIVER

Any forbearance by the Owner in executing any right or remedy under the Contract, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy by the Owner.

Y. MAINTENANCE BOND

The Contractor shall provide a Maintenance Bond in the amount of 10% of the Contract sum for the maintenance of the work performed under the Contract for a period of twenty-four (24) months from the date of completion and acceptance of the work performed under the Contract.

Z. REJECTION OF MATERIALS AND WORK RECEIVED

Payments made under this Contract shall not bind the Owner to the acceptance of any materials furnished or work performed.

AA. SUBCONTRACTORS, ETC.

1. It is a condition of the Contract that the identity of Subcontractors and other persons and organizations be submitted by the Bidder to the Owner as part of his/her bid package submittal. Such information shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such subcontractor, person and organization if required by the Owner. If the Owner, after due investigation, has reasonable objection, it may, before giving the Notice of Award request the apparent low Bidder to submit an acceptable substitution. In that event, the bidder will not thereby sacrifice his/her bid security. Any subcontractor, other person or organization so listed and to whom the Owner does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner.

2. Contractor shall not be required to employ any subcontractor, other person or organization against whom he/she has a reasonable objection.

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SPECIAL PROVISIONS

1. Requests for payment shall be submitted no later than the 30th of the month for approval by the Authority by the 20th of the following month. It is noted that this project is being funded by a Commonwealth Financing Authority COVID-19 ARPA H2O Grant. Timing of the payment of the approved payment requests are subject to the payment process of the Commonwealth Financing Authority. Ten

(10) percent retainage shall be held until the project is 50% completed and will then be reduced to 5% until all work is completed and the Maintenance Bond is provided. Requests for payment should be submitted in a format acceptable to the Owner and shall include at a minimum:

a. Item Description, Bid Quantity and Price (Per approved Payment Form)

b. Amount requested for current payment

c. Amount previously paid by the Owner

d. Amount remaining on the project

e. Utilizing a standard A/A Payment Request Form.

END OF DOCUMENT

BIDDER’S GENERAL INFORMATION

Bidders General Information

BG-1

The Bidder shall furnish the following information. Additional sheets shall be attached as required.

Failure to complete the Bidder's General Information may cause the Bid to be non-responsive and may cause its rejection.

1. BIDDER/CONTRACTOR'S name and street address:

2. CONTRACTOR'S telephone number:

3. When organized:

4. If a corporation, where incorporated:

5. How many years have you been engaged in the contracting business under your present firm or trade name:

6. General character of work performed by your company:

7. Have you ever failed to complete any work awarded to you? If so, where and why?

8. Have you ever defaulted on a contract? If so, where and why?

9. Surety Company and Agent who will provide the required Bonds on this Contract:

Name of Surety

Address

Surety Company Agent____________________________________________________________

Telephone Numbers:

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Agent_________________________________________________________

Surety_________________________________________________________

10. ATTACH TO THIS BID a list of the 5 most recent projects completed involving work of similar type and complexity, listing the following data for each project:

1. Project Name

Contract Price

Name, Address, and Telephone Number of Owner's Representative

2. Project Name

Contract Price

Name, Address, and Telephone Number of Owner's Representative

3. Project Name

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Contract Price

Name, Address, and Telephone Number of Owner's Representative

4. Project Name

Contract Price

Name, Address, and Telephone Number of Owner's Representative

5. Project Name

Contract Price

Name, Address, and Telephone Number of Owner's Representative

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11. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the "Owner" in verification of the recitals comprising this Bidder's General Information:

Dated this ________day of _________, 20______

Name of bidder

By_____________________________________

Title___________________________________

State of _____________________________, County of ______________________________

Being duly sworn, deposes and says that he/she answers to

Name of Organization the foregoing questions and all statements therein contained are true and correct

Subscribed and sworn to before me this ________day of __________,20_________

Notary Public

My Commission expires__________________________

EXPERIENCE, EQUIPMENT AND FINANCIAL STATEMENTS

Experience, Equipment and Financial Statements

EEFS-1

NOTICE

This Form must be completed, with all blanks fully filled in utilizing current data, and submitted herewith with the Bid Submittal. All answers must be printed in ink or typewritten.

Project for which bidder is qualifying ______________________________________________

Date this Form submitted: ________________ Date of receipt of bids _____________________

Name of Bidder: ___________________________Individual Designate proper Co-Partnership description

Corporation

Principal office address: ________________________________________________________

Telephone: ____________________________ Fax: ___________________________________

If a Corporation, answer this: If a Partnership, answer this:

Capital paid Capital paid in cash $ __________________ in cash $ _________________________ Date of organization __________________ Date of incorporation _______________ State whether partnership is general or In what State: _____________________ limited: _____________________________

President's Name:

Vice-President's Name: Name of all general partners:

Secretary's Name: ____________________________________ Treasurer's Name:

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1. How many years has your organization been in business as a general contractor under your present business name?

____________Years

2. How many years experience in this type of construction work has your organization had:

(a) As a general contractor ________________ Years

(b) As a sub-contractor _______________ Years

3. What are the largest projects your organization has completed

Contract Class of When For Amount Work Completed Whom

1. ______________________________________________________________________

2. ______________________________________________________________________

3. ______________________________________________________________________

4. ______________________________________________________________________

5. ______________________________________________________________________

Name and address of Reference for items listed above:

1. ______________________________________________________________________

2. ______________________________________________________________________

3. ______________________________________________________________________

4. ______________________________________________________________________

5. ______________________________________________________________________

Any other reference (s) _____________________________________________________

4. Have you ever been declared in default or failed to complete any work awarded to you?

If so, where and why? _____________________________________________________

5. Have you or has any officer or partner of your organization ever been an officer or partner of some other contracting organization? _________________________________ If so, state name or individual, position, and the name and address of the other organization(s).

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6. If any part of the work is sublet, will you require a bond from subcontractor?

7. Give list of uncompleted contracts at present held by you.

Contract Amount

8. What equipment do you own that is available for the proposed work?

9. State approximately the largest amount of work you have done in any one year and the year

Remarks: ________________________________________________________________

10. Have you ever been cited by a Regulatory Agency for your failure to comply with any of its contractual obligations? _________________________________________________ If so, where and why?

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FINANCIAL STATEMENT AS OF (Date): __________________________________________ Financial statement may be submitted as of the most recent regular statement rendered within 3 months of date of this questionnaire.

ASSETS

DOLLARS CENTS

1. Cash

Name Banks _____________ ____________ ____________

2. Notes receivable (a) Due within 90 Days ____________ ____________

(b) Due after 90 Days ____________ ____________

(c) Past Due ____________ ____________

3. Accounts receivable from completed contracts, exclusive of claims not approved for payment ____________ ____________

4. Sums earned and not paid, on uncompleted contracts as shown by Engineer's or Architect's estimate ____________ ____________

(a) Amount receivable after deducting retainage ____________ ____________

(b) Retainage to date, due upon completion of contracts ____________ ____________

5. Accounts receivable from sources other than construction contracts ____________ ____________

6. Deposits for bids or other guarantees:

(a) Recoverable within 90 days ____________ ____________

7. Real Estate owned and registered in the name of bidder-assessed value:

Description and Location of Property

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8. Plant and equipment-actual value ____________ ____________

9. Other assets ___________________ ____________ ____________

TOTAL ASSETS ____________ ____________

LIABILITIES

DOLLARS CENTS

1. Notes payable: (a) Within 90 days ____________ ____________

(b) After 90 days ____________ ____________

2. Accounts payable: ____________ ____________

3. Real Estate encumbrances ____________ ____________

4. Other liabilities ____________ ____________

5. Reserves ____________ ____________

6. Capital stock paid up ____________ ____________

7. Surplus (net worth) ____________ ____________

TOTAL LIABILITIES ____________ ____________

AUDIT REPORT

The apparent low bidders on all prime (contracts) are directed to submit (to the Owner) within

(30) days after bids are received their most recent audited financial statements and the outside Auditor's Report.

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CONTINGENT LIABILITIES

Liability on notes, accounts, or guarantees of others, and any judgments of record:

DOLLARS CENTS

CONTINGENT ASSETS

Banks credits, etc. ___________________ ____________ ____________

The undersigned guarantees the truth and accuracy of all statements and of all answers above and hereby authorizes any depository, vendor or other agency herein named to supply the Owner with any information necessary to verify this statement.

NOTE: A partnership must give firm name ______________________________ and signatures of all general partners. A ______________________________ corporation must give full corporate ______________________________ name, signature of official (either ______________________________ president, vice-president, secretary ______________________________ or treasurer) and affix corporate ______________________________ seal.

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AFFIDAVIT FOR INDIVIDUAL

STATE OF ____________________

COUNTY OF __________________ss:

____________________________________being duly sworn, deposes and says that the foregoing financial statement is a true and accurate statement of his financial condition as of this date and that the answers to the foregoing Experience, Equipment and Financial Statements are true.

Sworn and subscribed to me this ____________day of ____________20 _____ ______________________________

(Applicant must sign here)

My commission expires ______________

AFFIDAVIT OF PARTNERSHIP

COUNTY OF __________________ss:

____________________________________being duly sworn, deposes and says that he/she is a General Partner ______________________; that he/she is familiar with the financial records of the partnership; that the foregoing statement is a true and accurate statement of the financial condition of the partnership as of this date and that the answers to the foregoing Experience, Equipment and Financial Statements are true.

Sworn and subscribed to me this

(General Partner must sign here)

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AFFIDAVIT OF CORPORATION

COUNTY OF __________________ss:

____________________________________being duly sworn, deposes and says that he/she is ____________________________ of the corporation; that he/she is familiar with the financial records of the corporation; that the foregoing financial statement is a true and accurate statement of the financial condition of the corporation as of this date and that the answers to the foregoing Experience, Equipment and Financial Statements are true.

Sworn and subscribed to me this

(Officer must sign here)

INFORMATION TO BE FURNISHED BY THE BIDDER

Information to be furnished by the Bidder

IFB-1

NOTICE: This Form must be executed in ink or by typed entries

(Bidder’s Name)

For Contract No. CONTRACT 26-1

Job Title: New Morgan Water Tank Replacement

Owner: New Morgan Borough Utilities Authority 200 Bethlehem Drive, Suite 120 Morgantown, PA 19543

To: Ebert Engineering, Inc.

P.O. Box 540 4397 Skippack Pike Skippack, PA 19474

Attention: Frederick Ebert, P.E.

GENERAL

A. This Section is to be submitted with the Bidding Documents.

PART A – LIST OF INTENDED SUBCONTRACTORS

Subcontractor (Name and Address) Work to be performed

IFB-2

NOTE:

1. The Owner in no way implies acceptance of the intended Subcontractor(s) by acceptance of bids.

2. The Contractor will not be permitted to substitute Subcontractors not listed on this form without written approval of the Owner.

PART B – LIST OF INTENDED MANUFACTURERS

1. The undersigned proposes to furnish the following equipment contingent upon its conformity to the Specifications and its review by the Engineer. The Manufacturer’s name must be stated. Use of the words “as specified” or similar wording will not be acceptable in lieu of the manufacturer’s name.

2. Only one manufacturer’s name shall be listed. If the Bidder in contravention of this instruction names more than one manufacturer, the Owner will consider only the name of the first manufacturer listed. The Owner also reserves the right to reject all manufacturers named by the Bidder whose products do not meet the requirements of the Specifications.

Unit Manufacturer Model Number

Water Storage Tank ____________ ____________

Interior Coating System ____________ ____________

Exterior Coating System ____________ ____________

IFB-3

NOTE:

1. If listed equipment is by manufacturers not specified, the Owner in no way implies acceptance of such listed equipment by acceptance of the Bids.

2. The Contractor shall not be permitted to substitute manufacturer’s names not listed on this form without written approval of the Owner.

(We) (I), the undersigned agree that the Subcontractors and/or manufacturers listed above will perform the noted work or furnish the listed equipment subject to acceptance by the Owner.

Date _______________________ (Sign) ________________________

(Type) ________________________

Title _________________________

A preliminary approved Equipment Manufacturer’s list will be incorporated as part of the Contract Documents and will be subject to detailed review by the Engineer after submittal of the Shop Drawings. The components, if accepted, are to be purchased by the Contractor under the original bid price at no additional cost to the Owner.

Bid Bond

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BID BOND

(Not Necessary if Certified or Cashier’s Check is Used)

KNOW ALL MEN BY THESE PRESENTS THAT _________________ of __________________ in the

County of _______________________of ________________________________ as surety, legally authorized to do business in the Commonwealth of Pennsylvania, are held and firmly bound unto the New Morgan

Borough Utilities Authority in the sum of _____________________ Dollars, to be paid to said New Morgan

Borough Utilities Authority, for which payment well and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators and successors, jointly and severally, for and in the whole, firmly by these presents. Sealed with our seals, dated the ___________________________ day of _________________ in the year of our Lord, two thousand twenty-six (2026).

NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the above bound principal

_______________________________ who has submitted to said New Morgan Borough Utilities Authority, a certain proposal to enter into a certain Contract 26-1. Work, shall be awarded said Contract, and if

_____________________________ shall well and truly enter into and execute said Contract and furnish therewith such surety bond or bonds as may be required by the terms of said Contract and approved by said

New Morgan Borough Utilities Authority, said Contract, and said bond to be entered into within ten (10) days after the date of official Notice of Award thereof in accordance with the terms of said proposal, then this obligation to be void, otherwise shall remain in full force and virtue.

SIGNED AND SEALED IN

THE PRESENCE OF WITNESS:

(SEAL)

SIGNED: _____________________________(SEAL)

BY: __________________________________

SIGNED: ______________________________

BY: __________________________________

Non-Collusion Affidavit

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INSTRUCTION FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this Bid.

According to the Pennsylvania Anti-Bid-Rigging Act, 73 P.S. Section 1611 et seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with Bids.

2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the

Bidder who makes the final decision on prices and the amount quoted in the Bid.

3. Bid rigging and other efforts to restrain competition and the making of false sworn statements in connection with the submission of Bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all responsibilities for the preparation, approval or submission of the Bid.

4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party.

5. The term “complimentary bid” as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of Bids higher than the Bid of another firm, any intentionally high or non-competitive Bid, and any other form of Bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the bid.

Non-Collusion Affidavit

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AFFIDAVIT OF NON-COLLUSION

State of Pennsylvania: ss: New Morgan Borough Utilities Authority Contract 26-1 County of Berks:

(NAME)

being first duly sworn, deposes and says that he is ________________________________________

(TITLE)

of ______________________________________________________________________________

(FIRM)

the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or a sham;

that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any Bidder or person to put in a sham Bid, or that such other person refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference with any person, to fix the Bid price of any other Bidder, or to fix overhead, profit or cost element of said Bid price, or that of any other Bidder, or to secure any advantage against the Owner or any person interested in the proposed Contract; and that all statements contained in the Proposal or Bid are true; and, further that such Bidder has not, directly or indirectly, submitted this bid, or the contents hereof, or divulged information or data relative thereto, to any association or to any member or agent thereof, or to any other Bidder.

(AFFIANT)

Sworn to and subscribed before me this _______ day of, _____________, 2026.

NOTARY PUBLIC

MY COMMISSION EXPIRES:

Agreement

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AGREEMENT

THIS AGREEMENT is dated as of the day of in the year by and between NEW

MORGAN BOROUGH UTILITIES AUTHORITY (hereinafter called OWNER) and after called CONTRACTOR.)

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK.

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. This is generally described as follows:

A. The project proposes replacing the existing bolted steel tank with a 56’x32’ welded steel ground storage water tank with an approximate volume of 589,624 gallons. The work involved with the replacement of the water storage tank includes, but is not limited to, restoring the site access road, demolition of the existing tank and concrete foundation pad, installation of a new foundation pad, erection of the new painted welded steel tank, installing new connection piping to the existing water system, and installing electric and control wiring for level sensing, alarm floats, and a tank mixer. All work is located in New Morgan Borough, Berks County, Pennsylvania, as provided for in the bid documents.

Contract Name: Contract 26-1 New Morgan Borough Utilities Authority New Morgan Water Tank Replacement

Article 2. ENGINEER.

The Project has been designed by: Ebert Engineering, Inc.

4397 Skippack Pike, P.O. Box 540, Skippack, PA 19474 who is hereinafter called ENGINEER and who is to act as OWNER’s representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

Article 3. CONTRACT TIMES.

3.1 The Contract duration will be 180 days beginning from Notice to Proceed through Substantial

Completion.

3.2 Tank must be ordered and the purchase price must be invoiced prior to August 15, 2026, in order to utilize grant monies that expire on September 30, 2026.

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Article 4. CONTRACT PRICE.

OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the following amount:

4.1 The sum of the established lump sum price for each separately identified item of Work as indicated in the attached Bid Form.

As provided in the General Conditions and Bid Form, the estimated quantities are not guaranteed, and it was the responsibility of the CONTRACTOR to determine actual quantities for his or her bid.

Article 5. PAYMENT PROCEDURES.

CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions.

Applications for Payment will be processed by ENGINEER as provided.

5.1 Progress Payments; Retainage. OWNER shall make progress payments on account of the

Contract Price on the basis of Contractor’s Applications for Payment as recommended by ENGINEER. The Authority will need to submit for payment to the Commonwealth Financing Authority under the terms of the CFA Grant Contract contained in bid documents in advance of making payment to the contractor. All such payments will be measured by the schedule of values established in the Bid Form.

5.1.1 Progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 C or 14.04 D of the General Conditions.

- 95% of Work completed. (With the balance being retainage).

5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.05 of the General Conditions.

5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.08 and 14.09.

Article 6. CONTRACTOR’S REPRESENTATIONS.

In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

6.1 CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents including “technical data”.

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6.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work.

6.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and

Regulations that may affect cost, progress, performance and furnishing of the Work.

6.4 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data beyond that specified in these Contract Documents are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents.

6.5 CONTRACTOR 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 Contract Documents.

7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

6.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Article 7. CONTRACT DOCUMENTS.

The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following:

7.1 This Agreement.

7.2 Bid Form.

7.3 Construction Performance, Payment and Maintenance Bonds and Insurance Certificate(s).

7.4 General Conditions

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7.5 Summary of Work

7.6 Instruction to Bidders

7.7 Technical Specifications

7.8 Non-Collusion Affidavit

7.9 Contract Drawings

The Contract Documents may only be amended, modified or supplemented as provided in Paragraph

3.03 of the General Conditions.

Article 8. MISCELLANEOUS.

8.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions.

8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment non assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

8.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

8.4 Any provision or part of the Contract Documents held to be void or…