1-WMA LSL Replacement Contract 9.4.2026.pdf

Advertisement, Bid, Contract, and Specifications

Waterford Municipal Authority

Lead Service Line Replacement Project

September 2026 i

CONTRACT DOCUMENTS

FOR

LEAD SERVICE LINE REPLACEMENT PROJECT

WATERFORD MUNICIPAL AUTHORITY

ERIE COUNTY, PENNSYLVANIA

TABLE OF CONTENTS

Bid Advertisement C-111

Instruction to Bidders C-200

Bid Form C-410

PennVest Requirements C-411

PA Non-Collusion Affidavit C-415

Public Works Verification Form C-416

Proposed Subcontractors C-420

Bid Bond (Penal Sum Form) C-430

Qualification Statement C-451

Notice of Award C-510

EJCDC Standard Form of Agreement C-520

Notice to Proceed C-550

Performance Bond C-610

Payment Bond C-615

Contractor’s Application for Payment C-620

Certificate of Substantial Completion C-625

Notice of Acceptability of Work C-626

Employment Verification Form C-645

Prevailing Wage Rate Determination C-650

Standard General Conditions C-700

Supplementary Conditions C-800

Guidance on the Solicitation of Disadvantage Business

Enterprise (DBE) Firms C-850

Work Change Directive C-940

Change Order C-941

Field Order C-942

Division 1 – General Requirements

Work Restrictions 01 14 00

Project Meetings 01 31 00

Preconstruction Audiovisual Recording 01 32 34

Submittals 01 33 00

Interference with Traffic 01 55 27

Sediment and Erosion Control 01 57 13

Materials and Equipment 01 60 00

Delivery, Storage and Handling 01 65 00

Leakage and Disinfection 01 89 19

Division 3 – Concrete

Cast-in-Place Concrete 03 30 00 ii

Division 31 – Earthwork

Clearing and Grubbing 31 11 00

Excavation, Backfill, and Embankment 31 23 00

Trench Granular Backfill 31 23 23 14

Division 32 – Exterior Improvements

Pavement and Walks 32 10 01 01

Grading and Seeding 32 90 02

Division 33 – Utilities

Customer Connections 33 05 31

Water Service Connections 33 12 13

Appendix A – HOP Permit

Appendix B – Risk Mitigation

Appendix C – Construction Details

Appendix D – Project Area

Appendix E – E&S Plan

C-111 Advertisement for Bids

ADVERTISEMENT FOR BIDS

The Waterford Municipal Authority will receive bids for the Lead Service Line Replacement

Project. Bids will be received until 10:00 AM local time on October 6, 2026 on PennBid.

The work covered in the Contract Documents covers the following:

This project consists of the replacement of approximately 160 lead service lines from the existing main to the inside of building, pavement restoration and all other appertaining work.

Each bid must be accompanied by proposal security in the form of a certified check or a bid bond in the amount equal to not less than ten (10%) percent of the total base bid price in accordance with provisions contained in the “Instruction for Bidders” section of the specifications. Proposal security shall be made payable to the Waterford Municipal Authority.

Copies of contract documents, including plans and specifications for the work are available to view and download on pennbid.bonfirehub.com.

Prospective BIDDERS may submit written inquiries to Robert Duran, PE via the “Ask a Question” feature in PennBid at https://pennbid.bonfirehub.com.

No bidder may withdraw its bid for a period of 60-days after date of bid opening.

This contract is subject to US Davis-Bacon Prevailing Wage Rates. A copy of the prevailing wage rates are included in the Contract Documents.

This project is being federally funded by EPA financial assistance dollars and therefore requires all

Contractors to demonstrate compliance with Federal Executive Orders 11625, 12138 and 12432 and EPA Regulations at 40 CFR Part 33, through the detailed documentations of solicitation of

Disadvantage Business Enterprise (DBEs).

This project is subject to the statutory requirements of the Build America, Buy America and

American Iron and Steel Act. The Contractor shall comply with these requirements as outlined in

Build America, Buy America Act, P. L. 117-58, Secs 70911 – 70917.

This project is subject to the Public Works Employment Verification Act, which requires

Pennsylvania public works contractors and subcontractors to use E-Verify to confirm the employment eligibility of new hires as stated in Act 141 of 2022.

The Waterford Municipal Authority reserves the right to reject any or all bids or to waive any informality in the bidding and to accept the bid serving the best interest of the Waterford Municipal

Authority.

WATERFORD MUNICIPAL AUTHORITY

Bruce Coffin, Authority Manager https://pennbid.bonfirehub.com/

INSTRUCTIONS TO BIDDERS

C-200 Instruction to Bidders

TABLE OF CONTENTS

For Instructions to Bidders

Page

1. Defined Terms 2

2. Copies of Bidding Documents 2

3. Qualifications of Bidders 2

4. Examination of Contract Documents and Site 3

5. Interpretations and Addenda 5

6. Bid Security 5

7. Contract Times 6

8. Liquidated Damages 6

9. Substitute and “Or Equal” Items 6

10. Subcontractors, Suppliers, and Others 6

11. Bid Form 6

12. Submission of Bids 7

13. Modification and Withdrawal of Bids 8

14. Opening of Bids 8

15. Bids to Remain Subject to Acceptance 8

16. Award of Contract 8

17. Contract Security 9

18. Signing of Agreement 10

19. Prebid Conference 10

20. Protest Procedure 10

21. Sales and Use Taxes 10

22. Retainage 10

23. Equal Employment Opportunity 11

24. Compliance with Federal, State and Local Laws 11

25. Minimum Wage Rates 11

26. Steel Products Procurement Act 11

27. Equipment Substitutions 11

28. American Iron and Steel Act 11

29. Federally Funded Projects 12

30. Build American, Buy American Act 13

31. Public Works Employment Verification Act 14

32. Risk Mitigation Measures For Water Systems Conducting Lead Service Line Replacements 14

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in Instructions to BIDDERS are defined in the Standard General Conditions of the Construction Contract (EJCDC C700) (2007 Edition).

Certain additional terms used in these Instructions to BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof.

1.1 Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. The Issuing Office for this Project shall be:

Burgess & Niple, Inc.

100 State Street, Suite 300

Erie, PA 16507

(814)636-1914

2. COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of the Bidding Documents are available at no cost via PennBid

(https://pennbid.bonfirehub.com).

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

OWNER nor ENGINEER/ARCHITECT assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding

Documents.

2.3 OWNER and ENGINEER/ARCHITECT in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the

Work and do not confer a license or grant for any other use.

3. QUALIFICATIONS OF BIDDERS

Each BIDDER must submit with their Bid, an experience record form with at least three projects listed that are similar to this project in size and scope.

3.1 To further demonstrate qualifications to perform the Work, each BIDDER must be prepared to submit within 5 days after an OWNER's request for detailed written evidence such as financial data, previous experience, present commitments, subcontractor capabilities or experience, and other such data.

3.2 Each Bid must contain evidence of BIDDER's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract.

3.4 Each BIDDER must be registered on the PennBid portal at

https://pennbid.bonfirehub.com/and obtain a complete set of the Bidding

Documents from such website..

4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1 It is the responsibility of each BIDDER before submitting a Bid:

4.1.1 To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including appendices);

4.1.2 To visit the site to become familiar with and satisfy BIDDER as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work;

4.1.3 To consider federal, state, and local Laws and Regulations that may affect cost, progress, performance, or furnishing of the Work;

4.1.4 To study and carefully correlate BIDDER's knowledge and observations with the Contract Documents and such other related data; and

4.1.5 To promptly notify ENGINEER/ARCHITECT of all conflicts, errors, ambiguities, or discrepancies which BIDDER has discovered in or between the Contract Documents and such other related documents and/or site conditions.

4.2 BIDDER may review, if available, those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by the

ENGINEER/ARCHITECT in preparation of the Contract Documents.

Copies of such reports and drawings will be made available by the OWNER to any BIDDER on request.

4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective BIDDERS with respect to subsurface conditions, other physical conditions and underground facilities, and possible changes in the Contract

Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of Section C700, “Standard General Conditions,” and Section C-

800, “Supplementary Conditions.”

4.4 Before submitting a Bid, each BIDDER will be responsible to obtain such additional or 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, or procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto or which BIDDER deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.

4.5 On request, OWNER will provide each BIDDER access to the site to conduct such examinations, investigations, explorations, tests, and studies as each

BIDDER deems necessary for submission of a Bid. BIDDER shall notify all underground utilities and must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies. The BIDDER assumes all liability from damages resulting from such examination, investigation, exploration, tests, and studies. The schedule for such investigations shall be approved by the OWNER.

4.6 Reference is made to Section C-800, “Supplementary Conditions,” for the identification of the general nature of the Work that is to be performed at the site by the OWNER or others (such as utilities and other prime CONTRACTORS) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each BIDDER for examination access to or copies of Contract

Documents (other than portions thereof related to price) for such Work.

4.7 The submission of a Bid will constitute an incontrovertible representation by the

BIDDER that the BIDDER has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the

Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, the prevailing hourly wage rates for the area in which the Project is located, that

BIDDER has given ENGINEER/ARCHITECT prompt written notice of all conflicts, errors, ambiguities, and discrepancies that the BIDDER has discovered in the Contract Documents, and the written resolution thereof by

ENGINEER/ARCHITECT is acceptable to BIDDER, and that the Contract

Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

4.8 The provisions of 4.1 through 4.8, inclusive, do not apply to asbestos, polychlorinated biphenyls (PCBs), petroleum, hazardous waste, or radioactive material unless identified in the Contract Documents. If these materials are not identified by the Contract Documents, provisions for handling them shall be in accordance with paragraph 4.06 of Section C-700, “Standard General

Conditions.”

5. INTERPRETATIONS AND ADDENDA

5.1 All questions about the meaning or intent of the Bidding and Contract Documents are to be directed to the ENGINEER/ARCHITECT in writing via the “Ask a

Question” feature in PennBid. Interpretations or clarifications considered necessary by the ENGINEER/ARCHITECT in response to such questions will be issued by Addenda via the PennBid portal. Bidders who have registered and downloaded documents from PennBid will be notified by email when an addendum has been posted.. Questions received less than 5 days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the OWNER or the ENGINEER/ARCHITECT.

6. BID SECURITY

6.1 Each Bid must be accompanied by a Bid Security payable to the OWNER for

(10%) percent of the Bidder’s maximum Bid Price. As soon as the Bid prices have been compared, the OWNER will return the Bonds of all except the three lowest BIDDERS. When the Agreement is executed, or the period for holding the

Bids has expired and no time extension has been mutually agreed upon, the Bonds of the two remaining unsuccessful BIDDERS will be returned. The Bid Bond of the successful BIDDER will be retained until the payment Bond and performance

Bond have been executed and approved, after which it will be returned. (A certified check may be used in lieu of a Bid Bond.)

6.2 A Performance Bond and a Payment Bond, each in the amount of 100 percent of the Contract Price, with a corporate Surety approved by the OWNER, will be required for the faithful performance of the Contract. Use performance Bond form and payment Bond form included herein.

6.3 Attorneys-in-fact who sign Bond forms must file with each Bond a certified and effective dated copy of their power of attorney.

6.4 The party to whom the contract is awarded will be required to execute the

Agreement and obtain the performance Bond and payment Bond within (10) calendar days from the date when Notice of Award is delivered to the BIDDER.

The Notice of Award shall be accompanied by the necessary Agreement and

Bond forms. In case of failure of the BIDDER to execute the Agreement, the

OWNER may, at their option, consider the BIDDER in default, in which case the

Bid Bond accompanying the Bid shall become the property of the OWNER.

7. CONTRACT TIMES

7.1 The number of days within which the Work is to be completed and ready for final payment (the term “Contract Times” is defined in paragraph 1.01.A.14 of Section

C-700, “Standard General Conditions”) is set forth in the Agreement (or incorporated therein by reference to the attached Bid Form).

7.2 Contractor may not commence service line replacements or excavations until

March 1, 2027.

8. LIQUIDATED DAMAGES

8.1 Provisions for liquidated damages, if any, are set forth in the Agreement.

9. SUBSTITUTE AND “OR EQUAL” ITEMS

9.1 The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or “or equal” items. Whenever it is indicated in the

Drawings or specified in the Specifications that a substitute or “or equal” item of material or equipment may be furnished or used by the CONTRACTOR if acceptable to the ENGINEER/ARCHITECT, application for such acceptance will not be considered by the ENGINEER/ARCHITECT until after the Effective Date of the Agreement. The procedure for submission of any such application by

CONTRACTOR and consideration by ENGINEER/ARCHITECT is set forth in paragraphs 6.05.A, B, C, D, E, and F of Section C-700, “Standard General

Conditions,” and Section C-800, “Supplementary Conditions.”

10. SUBCONTRACTORS, SUPPLIERS, AND OTHERS

10.1 BIDDERS shall submit the identity of any subcontractors, suppliers, or others who may be contracted with by the CONTRACTOR during the course of the project on the Proposed Subcontractors form (C-420).

11. BID FORM

11.1 The Bid Form pricing is included with the Bidding Documents for Reference.

Bidders shall complete the electronic bid form within PennBid (“Prepare Your

Submission” tab). In the event of a discrepancy, the unit price column will be assumed to be correct and the math will be corrected accordingly. Bids will then be evaluated using the corrected figures.

11.2 Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

11.3 The Bid shall contain an acknowledgement of receipt of all Addenda on PennBid.

11.4 The address, telephone number, and facsimile number for communications regarding the Bid must be shown.

11.5 Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with paragraph 3, “Qualifications of BIDDERS.” State CONTRACTOR license number, if any, must also be shown.

11.6 The BIDDER is required to execute and submit a Noncollusion Affidavit (C-415) with his/her Bid.

11.7 The quantities listed in the Bid are to be considered as approximate and are to be used only for the comparison of the Bids and as a basis for computing amounts of security or penal sums of Bonds to be furnished. The unit prices to be tendered by the BIDDERS are to be tendered expressly for the scheduled quantities and as they may be increased or decreased by duly authorized Change Order. Payments, except for lump sum Bids, and except for the lump sum items in unit price Bids, will be made to the CONTRACTOR for the actual quantities only of Work performed or materials furnished in accordance with the Contract Documents.

12. SUBMISSION OF BIDS

12.1 Bids shall be submitted electronically via the PennBid Portal

(https://pennbid.bonfirehub.com) and accompanied by the Bid security and other required documents.

12.2 The Bidding Forms are to be completed and submitted along with the Bid security.

12.3 Bidders must be registered with PennBid to download documents and complete the submission.

13. MODIFICATION AND WITHDRAWAL OF BIDS

13.1 Bids may be withdrawn, altered or modified at any time within PennBid prior to the due date and time identified in the Invitation for Bids.

13.2 If within the time specified by law, any BIDDER files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of the OWNER that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid and the Bid security will be returned. Thereafter, that BIDDER will be disqualified from further bidding on the Work to be provided under the Contract Documents.

14. OPENING OF BIDS

14.1 Bids will be opened (unless obviously nonresponsive) and posted on PennBid.

An abstract of the amounts of the base Bids and major alternates (if any) will be issued via a Public Notice and posted on PennBid shortly after bid opening. It should be noted that bid results are subject to further review and should not be construed as issuance of an award.

15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

15.1 All Bids will remain subject to acceptance for 60 days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the

Bid security prior to that date. Should there be any reasons why the Contract cannot be awarded within the specified period, the time may be extended in writing by mutual agreement between the OWNER and the BIDDER. If the

Contract is to be awarded, OWNER will give successful BIDDER a Notice of

Award within 60 days after the date of the Bid unless the time is extended by mutual agreement between the OWNER and the BIDDER.

16. AWARD OF CONTRACT

16.1 OWNER reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced, or conditional Bids and to reject the Bid of any BIDDER if OWNER believes that it would not be in the best interest of the Project to make an award to that BIDDER, whether because the Bid is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful BIDDER. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

Discrepancies between words and figures will be resolved in favor of the words.

16.2 In evaluating Bids, OWNER will consider the qualifications of BIDDERS, whether or not 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.

16.3 OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the

Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions.

OWNER may also consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

16.4 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of BIDDERS, proposed Subcontractors, Suppliers, and other persons and organizations to perform and furnish the Work in accordance with the

Contract Documents to OWNER's satisfaction within the prescribed time.

16.5 If the Contract is to be awarded, it will be awarded to lowest BIDDER whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project.

17. CONTRACT SECURITY

17.1 Paragraph 5.01of Section C-700, “Standard General Conditions,” and Section C-

800, “Supplementary Conditions,” set forth OWNER's requirements as to performance and payment Bonds. When the Successful BIDDER delivers the executed Agreement to OWNER, it must be accompanied by the required performance and payment Bonds. Performance and Payment Bond shall be in the amount equal to 100% of the contract award amount and name the Owner as

Obligee.

18. SIGNING OF AGREEMENT

18.1 When OWNER gives a Notice of Award to the Successful BIDDER, it will be accompanied by the required number of unsigned counterparts of the Agreement.

Within 10 days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement To OWNER with the required Bonds.

Within 20 days thereafter OWNER shall deliver two fully signed counterparts to

CONTRACTOR.

19. PREBID CONFERENCE

19.1 A prebid conference may be required by the OWNER. If so, the time, date, and place will be given to persons obtaining Contract Documents.

20. PROTEST PROCEDURE

20.1 A protest based upon an alleged violation of the procurement requirements may be filed against the OWNER’s procurement action by a party with an adversely affected direct financial interest. The protest shall be filed with the OWNER.

The OWNER shall determine the validity of the protest. The OWNER may request additional information or a hearing in order to resolve the protest.

20.2 A protest shall be filed as early as possible during the procurement process, but must be received by the OWNER no later than 1 week after the basis of the protest is known or should have been known, whichever is earlier. If the protest is mailed, the protestor bears the risk of nondelivery within the required time period.

20.3 A protest must clearly present the procurement requirement being protested, the procurement regulation in alleged noncompliance, the facts which support the protest, and any other information necessary to support the protest.

21. SALES AND USE TAXES

21.1 Bidders are advised that the Owner is a municipal agency and as such is exempt from payment of taxes for certain items purchased by the Contractor for the project. The Contractor and Subcontractors shall comply with the Pennsylvania

Tax Code and associated rules and regulations.

22. RETAINAGE

22.1 Provisions concerning retainage and Contractors’ rights to deposit securities in lieu of retainage are set forth in the Agreement.

23. EQUAL EMPLOYMENT OPPORUNITY

23.1 Attention of Bidder is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, sex, color, national origin, disability, age, or religion.

24. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS

24.1 Attention of bidders is particularly called to the necessity of complying with all

Federal, State and Local Laws and regulations including but not limited to the following: Act 247-1972; Act 287-1974; Federal Occupational Safety and Health

Act of 1970.

24.2 Consistent with Commonwealth Management Directive 215.9, Contractor

Responsibility Program, dated April 16, 1999, Contractor agrees that neither itself or any subcontractors or suppliers providing services on this project are under suspension for debarment by the Commonwealth of Pennsylvania, any other state, or the federal government. And furthermore, Contractor certifies that is has no delinquent tax liabilities or other Commonwealth obligations. If any suspension, debarment or delinquent obligation arises during the term of the agreement, Contractor shall notify the Owner within 15 days. Moreover, Contractor agrees that failure to provide such notice shall constitute a default of this agreement.

Contractor agrees to be responsible for all necessary and reasonable costs incurred by the Office of Inspector General in investigating compliance with this provision when such investigations result in suspension or disbarment of the Contractor providing services on this project.

25. MINIMUM WAGE RATES

25.1 The minimum wage rates for each craft or classification of workers employed to perform this contract during the anticipated term hereof shall be governed by the US

Davis- Bacon Wage Rates.

26. STEEL PRODUCTS PROCUREMENT ACT

26.1 The Contractor shall comply with the Steel Product Procurement Act, Act of

March 3, 1978 (P. L. 6 No. 3) 73 P.S. Section 1881, et.seq.

26.2 Bidders shall confirm that selected equipment suppliers/vendors comply with the

Steel Products Procurement Act prior to bid submission.

27. EQUIPMENT SUBSTITUTIONS

27.1 Refer to Section C800 Supplementary Conditions.

28. AMERICAN IRON AND STEEL ACT

28.1 Contractor must comply with all provisions of the American Iron and Steel Act.

The Contractor acknowledges to and for the benefit of the Waterford Municipal

Authority ("Purchaser") and the Commonwealth of Pennsylvania (the "State") that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking

Water State Revolving Fund that have statutory requirements commonly known as "American Iron and Steel" that requires all of the iron and steel products used in the project to be produced in the United States ("American Iron and Steel

Requirement") including iron and steel products provided by the Contractor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement (b) all of the iron and steel products used in the project will be and/or have been produced in the United

States in a manner that complies with the American Iron and Steel Requirements, unless a waiver of the requirement is approved and ( c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American

Iron and Steel Requirements, as may be requested by the Purchaser or the State.

Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense or cost (including without limitation attorney's fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owned to the

State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the

Purchaser and the Contractor agree that the State is a Third-Party Beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State.

28.2 Additional information can be found at

https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/american-iron-and-steel.

29. FEDERALLY FUNDED PROJECTS

29.1 This project is being federally funded by EPA financial assistance dollars and therefore requires all Contractors to demonstrate compliance with Federal

Executive Orders 11625, 12138 and 12432 and EPA Regulations at 40 CFR Part

33, through the detailed documentations of solicitation of Disadvantage Business

Enterprise (DBEs). Contracts must demonstrate the Six Good Faith Efforts to identify and solicit DBE firms that are potential sources for any procurement action in the areas of project construction, equipment, services and suppose by including State Qualified Small Businesses and Minority and Women Owned

Business Enterprises in the bidding process.

29.2 All bidders must solicit Disadvantaged Business Enterprises (DBE) during the bidding period. DBE solicitation efforts and DBE utilization must be submitted to the Owner by the apparent low bidder and approved by the PA DEP prior to contract award. Additional information can be found at:

water/infrastructure-finance/disadvantaged-business-enterprises

29.3 All Contractors and subcontractors must follow all applicable provisions of the

Clean Air Act, including 42 U.S.C. § 7606 (Section 306) and 2 CFR 1532.1105, which disqualify persons convicted of certain offenses under the Clean Air Act from eligibility to receive federal funds.

29.4 All Contractors and subcontractors must follow all applicable provisions of the

Clean Water Act, including 33 U.S.C. § 1368 (Section 508) and 2 CFR

1532.1100, which disqualify persons convicted of violating water pollution laws from eligibility to receive federal funds.

https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/american-iron-and-steel https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/american-iron-and-steel https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/disadvantaged-business-enterprises https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/disadvantaged-business-enterprises

29.5 Contractors and subcontractors who are debarred or suspended by the United

States Environmental Protection Agency are not permitted to bid or be party to this contract. Federal suspension and debarment will be reviewed on http://www.sam.gov.

29.6 Contractors and subcontractors are not permitted to bid or be party to this contract if they are convicted of a criminal offense pursuant to Section 113 (c) of the Clean

Air Act, 42 U.S.C. § 7413(c) or Section 309(c) of the Clean Water Act, 33 U.S.C.

§ 1319(c).

29.7 Contractor and subcontractors agree to comply with provisions in 40 C.F.R. Part

32, Subpart F, Drug-Free Workplace Requirements.

30. BUILDING AMERICA, BUY AMERICAN (BABA ACT)

30.1 The Contractor acknowledges to and for the benefit of the Waterford Municipal

Authority (“Owner”) and the Pennsylvania Infrastructure Investment Authority

(the “Funding Authority”) that it understands the goods and services under this

Agreement are being funded with federal monies and have statutory requirements commonly known as “Build America, Buy America;” that requires all of the iron and steel, manufactured products, and construction materials used in the project to be produced in the United States (“Build America, Buy America Requirements”) including iron and steel, manufactured products, and construction materials provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner and Funding

Authority (a) the Contractor has reviewed and understands the Build America, Buy America Requirements, (b) all of the iron and steel, manufactured products, and construction materials used in the project will be and/or have been produced in the United States in a manner that complies with the Build America, Buy

America Requirements, unless a waiver of the requirements is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the Build America, Buy America Requirements, as may be requested by the Owner or the Funding Authority. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner or Funding Authority to recover as damages against the

Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Owner or Funding Authority resulting from any such failure

(including without limitation any impairment or loss of funding, whether in whole or in part, from the Funding Authority or any damages owed to the Funding

Authority by the Owner). If the Contractor has no direct contractual privity with the Funding Authority, as a lender or awardee to the Owner for the funding of its project, the Owner and the Contractor agree that the Funding Authority is a third-party beneficiary, for purposes of this paragraph only, and neither this paragraph

(nor any other provision of this Agreement necessary to give this paragraph force http://www.sam.gov/ or effect) shall be amended or waived without the prior written consent of the

Funding Authority.

30.2 Additional information can be found at

water/infrastructure-finance/build-america-buy-america.

30.3 All Contractor’s must comply with the regulations pertaining to the Build

America, Buy America Act, P. L. 117-58, Secs 70911 – 70917.

31. PUBLIC WORKS EMPLOYMENT VERIFCATION ACT

31.1 The Contractor must comply with the Act of 141 of 2022, and as part of this act, submit a completed Public Works Employment Verification Form.

32. RISK MITIGATION MEASURES FOR WATER SYSTEMS CONDUCTING

LEAD SERVICE LINE REPLACEMENTS

32.1 Contractor shall adhere to all risk mitigation measures required herein and as outlined in Appendix B. Contractor shall provide all pitcher filters or point-of-use devices, as well as replacement cartridges, to all affected customers whose services are being renewed. If renewing services to building with multiple residential units, Contractor shall provide a pitcher or point of use device to each unit.

https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/build-america-buy-america https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/build-america-buy-america

EJCDC® C-410, Bid Form for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID FORM FOR CONSTRUCTION CONTRACT

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.

Note: The Bid Form Pricing section is included with the Bidding Documents for Reference. Bidders shall complete the electronic bid form within PennBid (“Prepare Your Submission” tab), inclusive of all pricing items and required supporting documents as identified.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to:

Waterford Municipal Authority

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.

ARTICLE 2—ATTACHMENTS TO THIS BID

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

A. Required Bid Security

B. List of Proposed Subcontractors

C. List of Proposed Suppliers

D. Required Bidder Qualification Statement with Supporting Data

E. Non-Collusion Affidavit

2.02 The Contractor must demonstrate compliance with the Disadvantaged Business Enterprise

Solicitation Requirements provided in the Contract Documents. This documentation must be submitted to and approved by the PA-DEP prior to Contract Award.

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

3.01 Lump Sum Bids

A. Not Used

3.02 Unit Price Bids

A. Bidder will perform all Work at the indicated unit prices. Bid Prices to be entered on PennBid.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Item

No.

Description

Quantity

Unit

1. Mobilization 1 LS

2. Preconstruction Audio-Video Recording 1 LS

3. Maintenance Of Traffic 1 LS

4. Yard Restoration 1 LS

5. Sediment And Erosion Control 1 LS

6. 3/4” Customer Side Service Replacement 160 EA

7. 3/4” Authority Side Service Replacement 160 EA

8. 3/4" Type K Copper Tube 10,000 LF

9. Excavation At Main Or Curb Box 320 EA

10. Granular Backfill 600 CY

11. Concrete Driveway Replacement 100 SY

12. Asphalt Driveway Replacement 100 SY

13. Gravel Driveway Replacement 50 SY

14.

Waterford Borough Asphalt Pavement Replacement 500 SY

15.

PennDOT Asphalt Pavement Replacement 50 SY

16. Temporary Asphalt Pavement 200 SY

17. Concrete Sidewalk Replacement 800 SF

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

18. Concrete Curb Replacement 100 LF

19. Pavement Markings 1 LS

20.

Customer Plumbing Allowance (Contractor Must enter $25,000) 1 LS

21.

Underground Utility Allowance (Contractor Must Enter $50,000) 1 LS

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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, and

B. Scope of Work:

Item

No.

Description

1. Mobilization. This item shall include all necessary labor, tools, equipment, materials, and activities including but not limited to: mobilization; demobilization; storing and staging equipment as required to perform the project; restoring staging area back to original condition; and all other related work and expenses whether specifically mentioned or not, required for the completion of the bid item(s) in accordance with the contract documents, plans and specifications.

Payment will be made on a lump sum basis.

2. Preconstruction Audio-Video Recording. This item shall include all necessary labor, tools, equipment, materials, and activities including but not limited to: preconstruction audio-video recording of all project areas, adjacent areas, and areas with the potential to be impacted by project activities; and all other related work and expenses whether specifically mentioned or not, required for the completion of the bid item(s) in accordance with the contract documents, plans and specifications.

3. Maintenance of Traffic. This item shall include all necessary labor, tools, equipment, materials, and activities including but not limited to: maintaining traffic during the duration of the project in Waterford Borough and PennDOT Right-of-Ways; signs, lights, barricades, flaggers, portable traffic signals; coordination with and maintaining access for emergency and delivery vehicles, residents, businesses, and property owners; coordination with state, county, township, and village officials having jurisdiction over affected roads; and all other related work and expenses whether specifically mentioned or not, required for the completion of the bid item(s) in accordance with the contract documents, plans, and specifications.

4. Site Restoration/Grading/Seeding. This item shall include all necessary labor, tools, equipment, materials, and activities including but not limited to: grading, topsoil, fertilizer, seeding, mulch, mats, geotextile fabric; edging material, watering, to replace existing disturbed or damaged areas of work to a condition equal to or better than previously existed;

furnishing, repairing, relocating, reinstalling, replacing all necessary plantings, bushes, trees, landscaping, fencing, signs, mailboxes, etc. necessary to address those items affected during construction with like material; coordination with property owners; and all other related work and expenses whether specifically mentioned or not, required for the completion of the bid item(s) in accordance with the contract documents, plans, and specifications.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

5. Erosion and Sedimentation Control. This item shall include all necessary labor, tools, equipment, materials, and activities including but not limited to: temporary filter barriers, silt fences, sediment basins, inlet protections, mulches, mats, seeding, etc. necessary to control erosion and sedimentation; maintenance of sediment barriers; and all other related

6. 3/4” Customer Side Service Replacement. This item shall include all necessary labor, tools, equipment, materials, and activities including but not limited to: pipe; fittings; utility verification; clearing; grubbing; stump removal; excavation; testing; testing backfill;

backfilling and all other related work and expenses, whether specifically mentioned or not, required for the completion of the bid item(s) in accordance with the contract documents, plans, and specifications. This item shall also include all necessary labor, tools, equipment, materials, and activities including but not limited to: replacement of entire wrought iron or galvanized service line from curb stop including new ball valve with handle, dual check valve, meter couplings, meter, expansion tank, fittings, and other associated appurtenances needed to reconnect to the existing plumbing. Contractor shall furnish and install brass or copper fittings and/or pipe from ball valve handle until after the meter. Contractor shall be responsible for determining existing internal plumbing configurations and required fittings to make the reconnections. Contractor shall also supply the pitcher filter with six months of replacement cartridges and instructions as described in Appendix B.

Payment will be made on a per unit basis for each replacement completed, tested and back in service. Excavation, type K Copper, granular backfill and restoration will be paid under a separate pay item.

7. 3/4” Authority Side Service Replacement. This item shall include all necessary labor, tools, equipment, materials, and activities including but not limited to: pipe; fittings; utility verification; clearing; grubbing; stump removal; excavation; testing; testing backfill;

backfilling and all other related work and expenses, whether specifically mentioned or not, required for the completion of the bid item(s) in accordance with the contract documents, plans, and specifications. This item shall also include all necessary labor, tools, equipment, materials, and activities including but not limited to: replacement of entire wrought iron or galvanized service line including corporation stop adaptor, curb stop, curb box with stainless steel stem and brass cotter pin, concrete support. Contractor shall also supply the pitcher filter with six months of replacement cartridges and instructions as described in Appendix B.

Payment will be made on a per unit basis for each replacement completed, tested and back in service. Type K copper, granular backfill and restoration will be paid under a separate pay item.

8. 3/4” Type K Copper. This item shall include all necessary labor, tools, equipment, materials, and activities including but not limited to: clearing; excavation;

dewatering; sheeting; removing existing lines; pushing/boring/moling; backfilling and all other related work and expenses, whether specifically mentioned or not, required for the completion of the bid item(s) in accordance with the contract documents, plans, and specifications. This item shall include all necessary labor, tools, equipment, materials, and activities including but not limited to: installation of ¾” type K copper tubing.

Payment will be made on linear foot (1) basis of type K copper.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

9. Excavation at Existing Curb Valve or Corporation Stop. This item shall include all necessary labor, tools, equipment, materials, and activities including but not limited to:

clearing; excavation; dewatering; sheeting; backfilling and all other related work and expenses, whether specifically mentioned or not, required for the completion of the bid item(s) in accordance with the contract documents, plans, and specifications. This item shall also include all necessary labor, tools, equipment, materials, and activities including but not limited to: excavation/backfilling around the existing curb box/curb stop or excavation/backfilling around existing corporation stop and water main.

Contractor shall dig at the curb stop/box first to confirm there is a galvanized or wrought iron pipe for the ‘3/4” Authority Side Service Replacement’ before digging around at existing corporation stop. If copper or plastic pipe is found on Authority side at the curb stop/box, then no ‘3/4” Authority Side Service Replacement’ shall occur. Contractor shall also confirm there is a galvanized or wrought iron pipe for the ‘3/4” Customer Side Service

Replacement’. If copper or plastic pipe is found on the Customer side at the curb stop/box, the contractor shall identify the material coming into the structure. If galvanized or wrought iron pipe is identified on the inside of the structure or at the curb stop/box, then the

Contractor shall complete the ‘3/4” Customer Side Service Replacement’. If copper or plastic pipe is found both inside the structure and at the curb stop/box, then no‘3/4”

Customer Side Service Replacement’ shall occur. Contractor shall keep a list of materials identified and which services were renewed and provide in a spreadsheet to Owner at the end of the project.

Payment will be made on a per unit basis for each excavation once completed and backfilled. Service Replacement(s), Type K Copper, granular backfill and restoration will be paid under a separate pay item.

10. Granular Backfill. This item shall include all necessary labor, tools, equipment, materials, and activities including but not limited to: storing and placing of all granular backfill material necessary to backfill trenches as detailed on the plan sheets and specifications and when directed by the Owner/Engineer; compaction; testing; tamping; and all other related

The volume for payment shall be computed by multiplying the length of the backfilled trench as measured along the centerline of the pipe, times the actual width of the trench at the top of the pipe barrel, but not to exceed the nominal pipe diameter plus 2 feet, times a height measured from the top of the pipe bedding to the top of the granular backfill.

Where there is a specific service line reconnection, the permitted extents of the excavation and pay with shall not exceed either a 5-foot x 5-foot area or 6-foot x 4-foot area unless approved or directed by Owner/Engineer.

In case any material is required to backfill the trench outside the above described pay limits, that granular backfill shall be provided by the Contractor at no cost to the Owner. Payment will be made at the unit price bid per cubic yard for the quantities as determined from the measurements specified above.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

11-16. Pavement Replacement. This item shall include all necessary labor, tools, equipment, materials, and activities including but not limited to: replacement of existing disturbed or…