SPECIFICATIONS

BIDDING DOCUMENTS

FOR

CONTRACT 2026-1

WWTP BASIN CLEANING

FOR

BOROUGH OF ELLWOOD CITY

LAWRENCE COUNTY

PENNSYLVANIA

JUNE 2026

PREPARED BY:

MICHAEL BAKER INTERNATIONAL

100 AIRSIDE DRIVE

MOON TOWNSHIP, PA 15108

Table of Contents Borough of Ellwood City

WWTP Basin Cleaning

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ELLWOOD CITY

WWTP BASIN CLEANING

TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 11 13 ADVERTISEMENT FOR BIDS ...................................................... 00 11 13-1 TO 00 11 13-1

SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ...................................................... 00 21 13-1 TO 00 21 13-8

SECTION 00 41 16 BID FORM OF PROPOSAL .......................................................... 00 41 16-1 TO 00 41 16-5

SECTION 00 45 19 NON-COLLUSION AFFIDAVIT ................................................... 00 45 19-1 TO 00 45 19-1

SECTION 00 52 00 AGREEMENT ............................................................................. 00 52 00-1 TO 00 52 00-5

SECTION 00 61 13 PERFORMANCE BOND ............................................................... 00 61 13-1 TO 00 61 13-2

SECTION 00 61 14 PAYMENT BOND ....................................................................... 00 61 14-1 TO 00 61 14-2

SECTION 00 72 00 GENERAL CONDITIONS ....................................................... 00 72 00-1 TO 00 72 00-38

SECTION 00 73 00 SUPPLEMENTARY CONDITIONS……………………………… 00 73 00-1 TO 00 73 00-3

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 11 00 SUMMARY OF WORK ................................................................ 01 11 00-1 TO 01 10 11-6

SECTION 01 22 00 MEASUREMENT AND PAYMENT................................................ 01 22 00-1 TO 01 22 00-6

SECTION 01 31 00 PROJECT MANAGEMENT AND DOCUMENTATION ................... 01 31 00-1 TO 01 31 00-13

SECTION 01 31 13 PROJECT COORDINATION ......................................................... 01 31 13-1 TO 01 31 13-2

SECTION 01 33 00 SUBMITTAL PROCEDURES ........................................................ 01 33 00-1 TO 01 33 00-8

SECTION 01 35 23 SAFETY ..................................................................................... 01 35 23-1 TO 01 35 23-2

SECTION 01 40 00 QUALITY REQUIREMENTS ........................................................ 01 40 00-1 TO 01 40 00-5

SECTION 01 42 00 REFERENCES ........................................................................... 01 42 00-1 TO 01 42 00-10

SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS ................................ 01 50 00-1 TO 01 50 00-4

SECTION 01 61 00 PRODUCT REQUIREMENTS ........................................................ 01 61 00-1 TO 01 61 00-7

SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS ............. 01 66 00-1 TO 01 66 00-2

SECTION 01 73 00 EXECUTION ............................................................................... 01 73 00-1 TO 01 73 00-5

SECTION 01 77 00 PROJECT CLOSEOUT PROCEDURES ........................................... 01 77 00-1 TO 01 77 00-8

SECTION 01 78 36 WARRANTIES ............................................................................ 01 78 36-1 TO 01 78 36-3

SECTION 01 78 39 PROJECT RECORD DOCUMENTS ................................................ 01 78 39-1 TO 01 78 39-4

DIVISION 46 - WATER AND WASTEWATER EQUIPMENT

SECTION 48 01 01 MUNICIPAL WASTEWATER TREATMENT SLUDGE REMOVAL

AND DISPOSAL ......................................................................................................... 46 01 01-1 TO 46 01 01-9

Table of Contents Borough of Ellwood City

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APPENDICES

APPENDIX A PUBLIC WORKS VERIFICATION FORM

APPENDIX B WWTP REFERENCE PLANS

Advertisement for Bids Borough of Ellwood City

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Attention: Cindy– Legal Advertisement cindy@ncnewsonline.com

ADVERTISEMENT FOR BIDS

SEALED PROPOSALS will be received via PennBID by the Borough of Ellwood City, Lawrence County, Pennsylvania until 10:00 A.M., prevailing time on July 14, 2026 at which time they will be opened online and publicly posted on the website for Contract 2026-1 – WWTP Basin Cleaning in Wayne Township, Lawrence

County, PA.

This project involves cleaning and sludge removal at the East and West oxidation ditch basins and the influent box at the Borough of Ellwood City Wastewater Treatment Plant. All work is to be completed within Ninety (90) days of the Notice to Proceed.

The contract documents are available electronically via PennBID. This project will be administered by Michael Baker International, 100 Airside Drive, Moon Township, PA 15108. All bids must be submitted through the PennBID portal, no paper bids will be accepted.

Each bid shall be accompanied by a Bid Bond, with original Power of Attorney or Certified Check payable to the Borough of Ellwood City in an amount of not less than ten percent (10%) of the bid total. All bids shall be irrevocable for 60 days after the bid opening date. Bidders may modify or withdraw their bids prior to the bid opening time through the PennBID portal.

Bidders are strongly encouraged to request a site visit to review the current site conditions by contacting Andy Petrella, the WWTP Operator, via phone 724-758-4749, at the wastewater treatment plant located at 1621 Wampum Road, Ellwood City, PA 16117. All other questions regarding this project shall be directed to the Borough Engineer.

Bidders must comply with all Federal, State, and Local regulations pertaining to work associated with this project and will be required to submit an executed non-collusion affidavit with the bid. All contractors must also adhere to Act 127 of 2012 (Public Works Employment Verification Act).

Pennsylvania Prevailing Wages are not required to be paid on this Contract.

The Borough of Ellwood City reserves the right to waive any defects, errors, omissions, mistakes, informalities, to accept any bid or combination of bids that are deemed to be in the best interest of the Borough, and to reject any or all proposals.

Linda M. List

Borough Secretary

Publish: NC News June 25 & July 2, 2026 cc: Ryan G.

Instructions to Bidders Borough of Ellwood City

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INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINED TERMS ............................................................................................................................... 00 21 13-2

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS .................................................................................................. 00 21 13-2

ARTICLE 3 – QUALIFICATIONS OF BIDDERS ........................................................................................................ 00 21 13-2

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE....................... 00 21 13-2

ARTICLE 5 – INTERPRETATIONS AND ADDENDA ................................................................................................ 00 21 13-3

ARTICLE 6 – BID SECURITY ................................................................................................................................... 00 21 13-4

ARTICLE 7 – CONTRACT TIMES ............................................................................................................................ 00 21 13-4

ARTICLE 8 – LIQUIDATED DAMAGES ................................................................................................................... 00 21 13-4

ARTICLE 9 – SUBSTITUTE AND “OR-EQUAL” ITEMS ......................................................................................... 00 21 13-4

ARTICLE 10 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS .......................................................................... 00 21 13-4

ARTICLE 11 – PREPARATION OF BID .................................................................................................................... 00 21 13-5

ARTICLE 12 – COMPARISON OF BIDS ................................................................................................................... 00 21 13-6

ARTICLE 13 – SUBMITTAL OF BID ........................................................................................................................ 00 21 13-6

ARTICLE 14 – MODIFICATION AND WITHDRAWAL OF BID ............................................................................... 00 21 13-6

ARTICLE 15 – OPENING OF BIDS ........................................................................................................................... 00 21 13-6

ARTICLE 16 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE ............................................................................. 00 21 13-7

ARTICLE 17 – EVALUATION OF BIDS AND AWARD OF CONTRACT .................................................................. 00 21 13-7

ARTICLE 18 – CONTRACT SECURITY AND INSURANCE ..................................................................................... 00 21 13-7

ARTICLE 19 – SIGNING OF AGREEMENT .............................................................................................................. 00 21 13-8

ARTICLE 20 – PREVAILING WAGES ...................................................................................................................... 00 21 13-8

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ARTICLE 1 – DEFINED TERMS

1.1 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and

Supplementary Conditions. The term “Bidder” means one who submits a bid directly to the Owner, as distinct from to sub-bidder, who submits a bid to a Bidder. The term “Successful Bidder” means the lowest, qualified, responsible and responsive Bidder to whom the Owner (on the Basis of the Owner’s evaluations herein provided) make an award. The term “Bidding Documents” includes the Invitation to Bid, Instructions to Bidders, Bid Form, Bid Bond, Agreement of Surety, Non-Collusion Affidavit, and other sample bidding and contract forms. The “Contract Documents” consist of Bidding Documents, Agreement (Contract), (hereinafter referred to as “Agreement”), Bid Bond, Performance Bond, Payment Bond, Standard General Conditions, Specifications, Drawings, and all Addenda issued prior to execution of the Agreement.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the

Invitation to Bid may be obtained from the Issuing Office.

2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3 Owner and Engineer, 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.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.1 To demonstrate Bidder’s qualifications to perform the Work, within five days of Owner’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as the Owner may deem necessary to demonstrate the qualifications of the Bidder. The following information, not limited to, may also be requested or reviewed prior to award to demonstrate bidder qualifications of which could serve as grounds for disqualification dating back the previous five

(5) years: Bidder collusion, failure to demonstrate adequate equipment or experience to perform the project(s), failure to attend the mandatory pre-bid meeting, and any standing litigation that may affect the Owner. As part of the qualification requirements upon request, the Bidder shall provide written documentation from its surety(ies) confirming that no performance bond issued on behalf of the Bidder has been declared in default, terminated, called, or otherwise pulled within the past five (5) years.

Evidence shall be provided on official surety letterhead and signed by an authorized representative.

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.1 It is the responsibility of each bidder to perform the following prior to submitting a bid:

(a) Examine the Contract Documents thoroughly,

a. If the bidder takes any exceptions to the conditions, they must submit written exception requests with their bid

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(b) Visit the Project Site to become familiar with the local conditions that may affect the cost, progress, performance or providing the required work,

(c) Consider local, state and federal Laws and regulation that may affect the cost, progress, performance or providing the required work

(d) Study and carefully correlate Bidder’s observations with the Contract Documents,

(e) Notify the Engineer of all conflicts, errors or discrepancies in the Contract Documents.

4.2 No reports of explorations or tests of subsurface or hazardous environmental conditions at or contiguous to the Site have been performed by the Owner or Engineer.

4.3 Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others;

4.4 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates;

4.5 Bidder shall obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

4.6 Bidder agrees at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that 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 Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – INTERPRETATIONS AND ADDENDA

5.1 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the

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Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

5.2 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by

Owner or Engineer.

ARTICLE 6 – BID SECURITY

6.1 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten percent (10%) of Bidder’s maximum Bid price and in the form of a certified check or bank money order or a Bid bond (on the form attached) issued by a surety meeting the requirements herein.

6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

6.3 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 7 – CONTRACT TIMES

7.1 The successful Bidder shall on the date as specified in the Notice to Proceed and shall complete work as set forth in the Agreement.

ARTICLE 8 – LIQUIDATED DAMAGES

8.1 Provisions for liquidated damages shall be made in the event the contract does not meeting the Substantial and Final Completion deadlines set forth herein. The project must be substantially complete within Sixty

(60) calendar day and must achieve final completion within Ninety (90) calendar days following the date of the issues Notice to Proceed. Should the work not be completed within these timeline, the Contractor will be assessed Liquidated Damages in the amount of five hundred dollars ($500.00) per calendar day, plus inspection costs. By submission of a bid, both parties agree the assessed amount is reasonable and equitable and that the costs for failure of completion are recoverable by the Owner.

ARTICLE 9 – SUBSTITUTE AND “OR-EQUAL” ITEMS

9.1 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the

Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement.

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ARTICLE 10 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

10.1 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute,

10.2 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities.

Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

10.3 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom

Contractor has reasonable objection.

ARTICLE 11 – PREPARATION OF BID

11.1 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from

Engineer.

11.2 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each [section, Bid item, alternative, adjustment unit price item, and unit price item] listed therein, or the words “No Bid,” “No Change,” or “Not Applicable” entered.

11.3 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

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

11.5 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown below the signature.

11.6 A Bid by an individual shall show the Bidder’s name and official address.

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11.7 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form.

The official address of the joint venture shall be shown below the signature.

11.8 All names shall be typed or printed in ink below the signatures.

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

11.10 The address and telephone number for communications regarding the Bid shall be shown.

ARTICLE 12 – COMPARISON OF BIDS

12.1 Consideration for Unit Price bids shall be as follows:

(a) Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule,

(b) The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions,

(c) 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. The Engineer shall have the final determination of the bid total in the event discrepancies exist. Bid discrepancies may be grounds for bid rejection.

ARTICLE 13 – SUBMITTAL OF BID

13.1 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the

Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title, the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation “CONTRACT 2026-1 – WWTP BASIN CLEANING” A mailed/delivered Bid shall be addressed to:

Jeff Foley, Borough Manager

Borough of Ellwood City 525 Lawrence Avenue

Ellwood City, PA 16117

ARTICLE 14 – MODIFICATION AND WITHDRAWAL OF BID

14.1 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

14.2 If within 24 hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security

00 21 13-7 will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 15 – OPENING OF BIDS

15.1 Bids will be opened at the time and place indicated in the Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 16 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 17 – EVALUATION OF BIDS AND AWARD OF CONTRACT

17.1 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, non-responsive, unbalanced, or conditional Bid. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be unqualified, of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by Owner. Owner may also 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. 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.

17.2 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

17.3 In evaluating Bids, Owner will consider 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.

17.4 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

17.5 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.

17.6 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project.

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ARTICLE 18 – CONTRACT SECURITY AND INSURANCE

18.1 Within fifteen (15) days of the receipt of the Notice of Intent to Award, the successful Bidder shall

Performance and Payment Bonds in the amount of one hundred percent (100%) of the Contract Amount.

18.2 Upon notification of proposal acceptance by the Owner, the Contractor shall submit a Certificate of Insurance with General Liability, Worker’s Compensation and Employer’s Liability with the type of insurance and with the minimum limits of liability as specified in the following schedule. All insurance policies shall be kept in full force for the duration of the contract.

18.3 The Performance and Payment Bonds must be executed by a surety licensed and authorized to do business within the Commonwealth of Pennsylvania and named in the current list of companies holding Certificates of Authority as accepted sureties on Federal Bonds and as acceptable reinsuring companies as published in Circular 570, as amended by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department, and the amount of the bond shall not exceed the underwriting risk of such surety set forth in said Circular or revision thereof.

18.4 Upon completion of the project, the Contractor will provide a Maintenance Bond with good and sufficient surety in a penal amount one hundred percent (100%) of the contract amount. Said Maintenance Bond shall guarantee against defective or inferior materials or workmanship that may develop for a period of twelve (12) months from the date of completion and acceptance of all work performed under the contract.

ARTICLE 19 – SIGNING OF AGREEMENT

19.1 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner.

Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

ARTICLE 20 – PREVAILING WAGES

20.1 Attention of Bidders is particularly called to the requirements concerning the payment of not less than the minimum prevailing wage and salary rates as specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees. The prevailing wage rates are included in the bid package, if applicable.

Bid Form of Proposal Borough of Ellwood City

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BID FORM OF PROPOSAL

ARTICLE 1 - BID RECIPIENT

1.01 This Bid is submitted to:

Borough of Ellwood City

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 - BIDDER'S ACKNOWLEDGEMENTS

2.01 Bidder accepts all the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for up to 45 days until the Owner has received all required approvals.

ARTICLE 3 - BIDDER'S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged.

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

D. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto.

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E. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

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

G. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

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

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

J. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement.

ARTICLE 4 - FURTHER REPRESENTATIONS

4.01 Bidder further represents that:

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

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

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

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ARTICLE 5 - BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

BASE BID A - BID ITEM TOTAL _$________________________________

ADD ALTERNATE No. 1 - BID ITEM TOTAL _$________________________________

BASE BID B - BID ITEM TOTAL _$________________________________

SCHEDULE OF VALUES

BASE BID A

CONTRACT 2026-1 –WWTP BASIN CLEANING

Item No.

Description Unit Estimated Quantity

Bid Unit Price Total Bid Price

West Basin Sludge Removal and Cleaning

LS 1 $ $

BASE BID A - BID ITEM TOTAL

ADD ALTERNATE NO. 1

CONTRACT 2026-1 –WWTP BASIN CLEANING

Item No.

Description Unit Estimated Quantity

Bid Unit Price Total Bid Price

1 Cleaning of the WWTP Influent Box LS 1 $ $

ADD ALTERNATE No. 1 - BID ITEM TOTAL

BASE BID B

CONTRACT 2026-1 –WWTP BASIN CLEANING

Item No.

Description Unit Estimated Quantity

Bid Unit Price Total Bid Price

1 East Basin Sludge Removal and Cleaning LS 1 $ $

BASE BID B - BID ITEM TOTAL

00 41 16-4

Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. All work is to be finished Complete in Place. It is the Owner’s intent, subject to available funding, to give primary consideration to Base Bid A; however, the Owner reserves the right to award the Work on the basis of either base bid, with or without Add Alternate No. 1, as deemed to be in the best interest of the Owner.

This Project is separated into two separate Base Bids – Base Bid A; which involves sludge removal and cleaning of the West Basin and Base Bid B; which involves sludge removal and cleaning of the East Basin. There is also an Add Alternate No. 1 which involves cleaning of the influent box at the WWTP. The Owner reserves the right to award Base Bid A and Base Bid B separately based on the low bid on each respective Contract; any combination of Base Bid A, Base Bid B, and Add Alternate No. 1; or award of both Base Bids to one Contractor based on the aggregate of both bid amounts. The Owner also reserves the right to award Base Bid A with or without Add Alternate No. 1. Add Alternate No. 1 shall not be considered, evaluated, or awarded except in conjunction with Base Bid No. 1. The Bidder must bid on Add Alternate No. 1 if they chose to only bid on Base Bid A. The Owner also reserves the right to reject any and all bids for either or both Base Bids.

ARTICLE 6 – TIME OF COMPLETION

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

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are attached to and made a condition of this Bid:

A. Required Bid security in the form of ten percent (10%) Bid Bond or Certified check

B. Affidavit of Non-Collusion

C. Public Works Employment Verification Form

D. Bidder’s Qualifications

ARTICLE 8 – BID SUBMITTAL

8.01 This Bid submitted by:

If Bidder is:

An Individual

Name (typed or printed): _________________________________________________________

By: ____________________________________________________________________ (SEAL) (Individual’s signature)

Doing business as: ______________________________________________________________

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Bidder's Business Address ___________________________________________________________

Phone No. _______________________________ Fax No. __________________________

A Partnership

Partnership Name: _______________________________________________________ (SEAL)

By: __________________________________________________________________________ (Signature of general partner -- attach evidence of authority to sign)

Name (typed or printed): _________________________________________________________

Bidder's Business Address ___________________________________________________________

A Corporation

Corporation Name: _______________________________________________________ (SEAL)

State of Incorporation: ___________________________________________________________

Type (General Business, Professional, Service, Limited Liability): ________________________

By: __________________________________________________________________________ (Signature -- attach evidence of authority to sign)

Name (typed or printed): _________________________________________________________

Title: ____________________________ (CORPORATE SEAL)

Attest ________________________________________________________________________

Bidder's Business Address ___________________________________________________________

Non-Collusion Affidavit Borough of Ellwood City

00 45 19-1

NON-COLLUSION AFFIDAVIT OF BIDDER

State of __________________________)

County of ________________________).

___________________________________, being first duly sworn, deposes and says that:

A. He/She is __________________________________________________________________________

(Owner, Partner, Officer, Representative or Agent) of/to ______________________________________________________________, the Bidder that has submitted the attached Bid Proposal;

B. He/She is fully informed respecting the preparation and contents of the attached Bid Proposal and of all pertinent circumstances respecting such Bid Proposal.

C. Such Bid Proposal is genuine and is not a collusive or sham Bid Proposal;

D. Neither the said Bidder nor any of its officers, partners, owners, agents or representatives, employees or parties in the interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid Proposal in connection with the Contract for which the attached Bid Proposal has been submitted or to refrain from bidding in connection with such

Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid Proposal or any

Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement, any advantage against the person or entity interested in the proposed Contract; and

E. The price or prices quoted in the attached Bid Proposal are fair and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit.

Signed: ______________________________________

(Title)

Subscribed and sworn to before me this ________________________ day of ____________________________, 2026.

(Title)

My Commission expires __________________________________________________________________

Agreement Borough of Ellwood City

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AGREEMENT

THIS AGREEMENT is by and between Borough of Ellwood City, 525 Lawrence Avenue, Ellwood City, PA 16117

(Owner) and

(Contractor).

Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows:

ARTICLE 1 - WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work generally consists of cleaning the X basins at the Ellwood City Wastewater Treatment Plant.

ARTICLE 2 - THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

BOROUGH OF ELLWOOD CITY

2026-1 – WWTP BASIN CLEANING

ARTICLE 3 - ENGINEER

3.01 The Project has been designed by Michael Baker International, Inc.

100 Airside Drive, Airside Business Park Moon Township, PA 15108

(Engineer), 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 the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 - CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Days to Achieve Final Completion and Final Payment

A. The Work will be Substantially Complete within Sixty (60) and Finally Complete, approved, and accepted by the Owner within Seventy Five (75) calendar days following the date specified in the Notice to Proceed.

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract Documents. The parties also recognize the delays, expense, and difficulties involved in

00 52 00-2 proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time.

Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner the amount of Five Hundred Dollars ($500) plus inspection costs for each day that expires after the time specified in the Contract Documents until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner the amount of Five Hundred Dollars ($500) for each day that expires after the time specified in the Contract Documents for completion and readiness for final payment until the Work is completed and ready for final payment. The parties also agree that additional engineering fees and/or inspection work are not included in such estimate, and all parties agree that such costs shall be recoverable by the Owner.

ARTICLE 5 - CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to the BID FORM OF PROPOSAL attached hereto.

ARTICLE 6 - PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with the Contract Documents. Applications for Payment will be processed by Engineer as provided in the Contract Documents.

6.02 Progress Payments; Retainage

A. The Contractor shall submit Quantities to the Engineer on a monthly basis. The Engineer will assemble and process the Applications for Payment and forward recommendations for full or partial payment as requested to the Owner at the following bi-monthly Council meeting.

B. The Owner shall make process payments, if warranted, on the total Contract price based on the Contractor’s Application for Payment as recommended by the Engineer. All progress payments shall be based on the progress of the total contract determined by the Owner or Engineer. All progress payments will be made less a ten percent (10%) retainage.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Contract Documents, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Contract Documents. The Owner will be permitted to issue Work Orders under this Contract at any time prior to closeout without any change to the unit prices for the total term of the Contract.

ARTICLE 7 – CONTRACTOR’S REPRESENTATIONS

7.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. 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, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

00 52 00-3

D. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto.

E. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

F. 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.

G. 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 all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

H. 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.

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

ARTICLE 8 - CONTRACT DOCUMENTS

8.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement.

2. Performance Bond.

3. Payment Bond.

4. Non-Collusion Affidavit

5. Supplementary Conditions.

6. Technical Specifications

7. Drawings

8. Addenda.

9. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Bid.

b. Documentation submitted by Contractor prior to Notice of Award.

10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

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a. Notice to Proceed.

b. Work Change Directives.

c. Change Order(s).

B. The documents listed in above are attached to this Agreement (except as expressly noted otherwise above).

ARTICLE 9 - MISCELLANEOUS

9.01 Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Contract 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, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.02 Successors and Assigns

A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to…