6-Addendum 3 - New Wastewater Treatment Facility.pdf

Contract No. 2026-WW1 – New Wastewater Treatment Facility

Addendum No. 3, 9/24/2026

ADDENDUM No. 3

FOR

New Albany Borough

New Wastewater Treatment Facility

Contract No. 2026-WW1

September 24, 2026

A. SCOPE

1. This Addendum No. 3 consists of pages 1 through 4 and includes information regarding the Bidding Documents.

2. The following revisions, interpretations, and/or supplementations pertaining to the

Bidding Documents for the Project are addressed by Addendum No. 3.

B. GENERAL

1. All bids must be submitted electronically through the PennBid.net website.

2. Bid documents may only be reviewed electronically via the PennBid.net website or purchased as hard copies through the issuing office.

C. QUESTIONS FROM PENNBID

1. Section 11330 Part 2.2.A.5 states the maximum design flow to 1,265 GPM (1.8 MGD).

Please confirm the maximum design flow for the screen.

Section 11330 Part 2.3.B.3.a.4 and plans show the control panel to be in a C1D1 hazardous area. The specs require a PLC and OIT in the control panel. Currently, there are no OIT units available on the market that are suitable for C1D1 hazardous installations. Is there any possibility to have the control panel moved outside of the hazardous area?

The maximum design flow listed was the maximum capacity of the basis of design screen that was permitted through DEP. Since it is permitted this way, any proposed substitutes will need to meet their specifications.

The basis of design screen is able to meet the C1D1 specification requirements. The control panel location will remain as shown on the bidding documents.

2. Grant/Loan Recipient Compliance Statement - You included this form with the

Contractor Compliance & Procurement Breakdown forms, but it seems that the prime bidder would not be filling this form out. Are we to include this with our submission?

No, you do not need to submit the form with your bid.

3. Dwg P-3.0 Details 7 & 8 - Do either of these details, Well Tank Piping Detail and Gas Drop for Equipment Connections, pertain to this project? If so, please identify.

Detail #7 will apply to the non-potable utility water pressure tank.

Detail #8 is not anticipated to be used.

4. Drawing E-2.1 Detail 2/E2.identifies Service wire trough as Nema 4x. Drawing E-5.0 detail

1/E-5.0 Electrical single line diagram identifies service wire trough as Nema 3R.

What is the correct Nema rating required?

The correct rating for the service wire trough will be Nema 3R as shown on sheet E-5.0.

5. Please clarify the required method for submitting bid pricing through PennBid.

Since this is an electronic bid, are bidders required to submit both:

1. Enter pricing electronically in PennBid utilizing the Pricing Section (BT-56FS) Excel document, and

2. Complete the paper Bid Form included in the specifications and upload the completed Bid Form to PennBid?

There is a significant amount of pricing information required. Requiring the same pricing to be completed in both formats appears duplicative and could create discrepancies between the two submissions.

Please confirm whether completion of the electronic excel form (BT-56FS) PennBid pricing section satisfies the bid pricing submission requirements, with bidders only required to upload the applicable supporting bid documents. Low bidders can provide originally signed paper bid form upon request within 2 days or at award.

The completion of the electronic bid form satisfies the bid pricing submission requirements. Make sure the latest revision issued in Addendum #3 is downloaded and used for the bid submission. Previous versions of the bid form will not be accepted. The low bidder will be required to complete the Bid Form after award.

6. Please clarify if the Warranty period is 1 year. General conditions para. 15.08 Correction period does a one year time-frame for the warranty/correction of work, however, most often WWTP projects ask for a two year warranty.

Warranty period has been updated to two years. See updated section 00800

Supplementary Conditions 15.08A.

7. Would you kindly include the pre-bid sign in sheet for those that were not able to attend the meeting in person?

Pre-bid sign in sheet is to be attached to Addendum 3.

D. CLARIFICATIONS/REVISIONS

1. PennVEST Bid Specification and Construction Contract Term Sheet has been added to the specifications. No action needed from bidders at this time. Upon award, this term sheet will be added as an appendix to the Agreement.

2. Clarification on tank backfilling requirements:

o Contractor shall backfill around all treatment plant precast structures and between tanks with AASHTO #57 stone a minimum of 1’ 0” away from the outside of each wall.

o Contractor shall not receive additional payment for excess excavation, backfill, and crane pad construction requirements of the precast treatment plant manufacturer for the installation of the tanks.

o Backfilling of the tanks will be paid for under line item #1-7

3. Section 00300 – Bid Form

Section 00300 Bid Form will be revised on the PennBid site to make the following changes:

• Paragraph 7 – Bid Submission Documents have been updated.

• Revised Item #11 to update quantity from 260 LF to 276 LF.

The revised Bid Form will be on the PennBid site by September 24, 2026. Please use the revised form.

4. Section 00800 – Supplementary Conditions

Section 00800 – Supplementary Conditions will be revised on the PennBid site to make the following changes:

Warranty period has been changed to two years in section 15.08.

5. Section 01025 – Method of Measurement and Payment

Section 01025 – Method of Measurement and Payment will be revised on the

PennBid site to make the following changes:

• Bid Item #1-4 was revised to include #57 backfill around the treatment tanks.

• Bid Item #3-3 was revised to include the meter and backflow preventor pit.

6. Section 11311 - Ultraviolet Disinfection Equipment And Backup Chlorination System

Section 11311 - Ultraviolet Disinfection Equipment And Backup Chlorination System will be revised on the PennBid site to make the following changes:

• Added clarification on the U.V unit permitted maximum capacity in the table in section 1.3.

7. Section 15049 - Miscellaneous Valves And Piping Specialties

Section 15049 - Miscellaneous Valves And Piping Specialties will be revised on the

PennBid site to make the following changes:

• Added section 2.16 to include the water meter and backflow preventor specification.

8. Revised plan sheet C-1.03

• Changed note existing water meter to be demolished.

9. Revised plan sheets C-2.01, 3.01, 4.01, 5.01, and 8.01

• Added a proposed public water meter and backflow preventor pit.

• Minor alignment adjustments to the copper service line and meter pit location.

• Minor adjustments to the fence and driveway beside the influent manhole.

• Changed keynote 24 on sheet C-4.01 to reflect these changes.

Bidders are required to acknowledge receipt of this Addendum No. 3 on page 1 of the Bid Form.

VERSION DATE: JULY 16, 2026

CLEAN WATER STATE REVOLVING FUND (CWSRF) –

§ 212 EQUIVALENCY FUNDS

The Funding Recipient and its contractors and subcontractors shall comply with all terms and conditions of the PENNVEST Funding Offer and Funding Agreement, including, but not limited to the following requirements which shall be included in all project bid specifications and executed construction contracts.

The Funding Recipient, its contractors and subcontractors shall comply with:

A. FEDERAL STATE REVOLVING LOAN REQUIREMENTS

Subchapter VI of the Federal Water Pollution Control Act, 33 U.S.C. §1381 et seq., as amended.

B. DISCRIMINATION

(i) Pursuant to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, the requirement not to discriminate on the basis or race, color or national origin in any activity funded through this Agreement.

(ii) Pursuant to the Age Discrimination Act, 42 U.S.C. § 6101 et seq., the requirement not to discriminate on the basis of age in any activity funded through this Agreement.

(iii) Pursuant to Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, the requirement not to discriminate on the basis of disability in any activity funded through this Agreement.

(iv) Pursuant to Section 13 of the Federal Water Pollution Control Act Amendments of

1972, Oct. 18, 1972, P.L. 92-500, § 13, and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., as amended, the requirement not to discriminate on the basis of sex in any activity funded through this Agreement.

(v) Pursuant to Executive Order 11246, dated September 24, 1965, as amended by

Executive Order 11375, dated October 13, 1967, and as supplemented by U.S.

Department of Labor regulations set forth at 41 C.F.R. Ch. 60, the requirement to provide an equal opportunity for employment in all Project Contracts and subcontracts funded through this Agreement.

(vi) Pursuant to Executive Order 12898, dated February 11, 1994, the requirement not to fund any action through this Agreement that will have disproportionately high and adverse effects on minority or low-income populations.

C. RECYCLED MATERIALS

The requirement to use recovered materials to the maximum extent possible in Project Plans for the procurement of items designated pursuant to Section 6002 of the Resource Conservation and Recovery Act, 42 U.S.C. § 6962, and its implementing regulations set forth in 40 C.F.R.

Part 247, provided that use of recovered materials does not jeopardize the intended end use of the item.

D. REAL PROPERTY ACQUISITION

When acquiring Real Property, the Project Funding shall be used only for the following:

(i) To the extent the Project involves a publicly owned treatment works, real property or interests therein that are an integral part of the treatment process (including land used for the storage of treated wastewater in land treatment systems prior to land application) or used for ultimate disposal of residues resulting from such treatment and determined by the Authority to be eligible costs; and

(ii) Costs associated with compliance with Section 305 of the Uniform Relocation

Assistance and Real Property Acquisition Act of 1970, 42 U.S.C. § 4655, provided that such costs are otherwise eligible.

E. LOBBYING

Restrictions on lobbying set forth in 31 U.S.C. § 1352 and 40 C.F.R. Part 34, which prohibit the use of federal funds to pay any person for influencing or attempting to influence an officer or employee of any agency or a member, officer or employee of Congress in connection with any federal action.

F. DRUG-FREE WORKPLACE

Provisions in 40 C.F.R. Part 32, Subpart F, Drug-Free Workplace Requirements.

G. PUBLIC NOTIFICATION

When issuing statements, press releases and other documents describing this Project, the Funding Recipient shall include an acknowledgement that federal funds (i.e., Clean Water State Revolving Funds) are being used to finance the Project.

H. REPORTING REQUIREMENTS

All reporting requests and requests for information or materials related to this Project which may be required by PENNVEST in order to comply with its reporting requirements under the Federal Funding Accountability and Transparency Act.

I. DEBARMENT/SUSPENSION

2 C.F.R. Part 180, Subpart C. The Funding Recipient may access the federal suspension and debarment information at http://www.sam.gov.

J. PROJECT ACCOUNTS

All generally accepted government accounting standards, as it relates to the maintenance of project accounts, including standards relating to the reporting of infrastructure assets pursuant to Section 602(b)(9) of the Federal Water Pollution Control Act, January 4, 2011, P.L. 111- 378, 33 U.S.C. §1382, as amended.

K. ARCHITECTURAL AND ENGINEERING SERVICES

All requirements for the procurement of architectural and engineering services as identified in 40 U.S.C. Section 1101 et. seq, for all architectural and engineering contracts executed, amended or renewed on or after October 1, 2014.

Additional information can be found at https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/architectural-and-engineering-services.

L. FISCAL SUSTAINABILITY PLAN

All requirements for the development, implementation and certification of a fiscal sustainability plan pursuant to Section 603(d)(1)(E) of the Federal Water Pollution Control Act, January 4, 2011, P.L. 111-378, 33 U.S.C. §1383, as amended. This requirement is only applicable if:

(i) the Project is a treatment works project,

(ii) the Funding Recipient submitted its application for the Project to PENNVEST on or after October 1, 2014, and

(iii) the Funding Recipient is issuing to PENNVEST a debt obligation in the form of a note or the Funding Recipient has received a principal forgiveness loan.

Additional information can be found at https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/fiscal-sustainability-plans.

M. SINGLE AUDIT

All applicable federal and state grant requirements including The Single Audit Act Amendments of 2016; 2 CFR Part 200 as amended; and any other applicable law or regulation, and any amendment to such other applicable law or regulation that may be enacted or promulgated by the federal government.

http://www.sam.gov/ https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/architectural-and-engineering-services https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/architectural-and-engineering-services https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/fiscal-sustainability-plans https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/fiscal-sustainability-plans

If the Funding Recipient is a local government or non-profit organization that expends $1,000,000 or more in federal awards during its fiscal year, or the current threshold as set forth in the United States Office of Management and Budget Circular A-133, as may be revised, the Funding Recipient is required to provide the appropriate single or program specific audit in accordance with the provisions outlined in 2 CFR Part 200.501.

If the Funding Recipient expends total federal awards of less than the threshold established by 2 CFR 200.501, it is exempt from federal audit requirements for that year, but records must be available for review or audit by appropriate officials (or designees) of the federal agency, the Authority, and Government Accountability Office (GAO).

If the Funding Recipient is a for-profit entity, it is not subject to the auditing and reporting requirements of 2 CFR Part 200, Subpart F – Audit Requirements (Subpart F). However, the Authority is responsible for establishing requirements, as necessary, to ensure compliance by for-profit subrecipients. This Funding Agreement describes the applicable compliance requirements and the for-profit subrecipient’s compliance responsibilities. Methods to ensure compliance for federal awards made to for-profit subrecipients may include pre-award audits, monitoring during the contract and post-award audits. The post-award audits may be in the form of a financial audit in accordance with Government Auditing Standards, a single audit report or program-specific audit report in accordance with Subpart F. However, these post-award audits must be submitted directly to the Authority. Only single audit reports for local governmental and non-profit subrecipients are electronically submitted to the Federal Audit Clearinghouse.

In instances where a federal program-specific audit guide is available, the audit report package for a program-specific audit may be different and should be prepared in accordance with the appropriate audit guide, Government Auditing Standards, and Subpart F.

In addition to the requirements of Subpart F, Commonwealth agencies may require that the single audit reporting packages include additional components in the Schedule of Expenditures of Federal Awards (SEFA), or supplemental schedules, as identified through the respective grant agreement.

The Funding Recipient must submit an electronic copy of the audit report package to the Federal Audit Clearinghouse, which shall include the elements outlined in Subpart F.

The Funding Recipient must send a copy of the confirmation from the Federal Audit Clearinghouse to the resource account RA-BOASingleAudit@pa.gov.

The Funding Recipient is responsible for obtaining the necessary audit and securing the services of a certified public accountant or independent governmental auditor.

The Commonwealth reserves the right for federal and state agencies or their authorized representatives to perform additional audits of a financial or performance nature, if deemed necessary by Commonwealth or federal agencies. Any such additional audit work will rely on work already performed by the Funding Recipient's auditor and the costs for any http://www.gao.gov/yellowbook http://www.gao.gov/yellowbook mailto:RA-BOASingleAudit@pa.gov additional work performed by the federal or state agencies will be borne by those agencies at no additional expense to the Funding Recipient.

Audit documentation and audit reports must be retained by the Funding Recipient’s auditor for a minimum of five years from the date of issuance of the audit report, unless the Funding Recipient’s auditor is notified in writing by the Commonwealth, the cognizant federal agency for audit, or the oversight federal agency for audit to extend the retention period. Audit documentation will be made available upon request to authorized representatives of the Commonwealth, the cognizant federal agency for audit, the oversight federal agency for audit, the federal funding agency, or the GAO.

N. TELECOMMUNICATION AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

As required by 2 CFR 200.216, the Funding Recipient, its subcontractors or anyone hired by its subcontractors, are prohibited from obligating or expending any portion of the PENNVEST funding to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Funding Recipient, its subcontractors or anyone hired by its subcontractors, may not use any portion of the PENNVEST funding to purchase:

(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.

(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Consistent with 2 CFR 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, and cloud servers are allowable except for the following circumstances:

(i) Obligating or expending any portion of the PENNVEST funding for covered telecommunications and video surveillance services or equipment or services as described in 2 CFR 200.216 to:

(a) Procure or obtain, extend or renew a contract to procure or obtain;

(b) Enter into a contract (or extend or renew a contract) to procure; or

(c) Obtain the equipment, services, or systems.

Certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management exclusion list, which can be found at: https://sam.gov/SAM/.

O. ADDITIONAL FEDERAL REQUIREMENTS

Additional federal requirements that become applicable to the Project Funding after the date of this Agreement, upon written notice from the Authority, in accordance with Subsection K.5 (Notice).

P. ADDITIONAL REQUIREMENTS; INFRASTRUCTURE INVESTMENT AND JOBS ACT

All federal requirements applicable to the assistance received (including those imposed by the Infrastructure Investment and Jobs Act (“IIJA”), Public Law No. 117-58, if applicable), as may be amended, and any other applicable statute, regulation, guidance, directive, policy or procedure, and any amendment thereto, that may be approved, adopted, enacted or promulgated by the federal government.

Q. BUILD AMERICA, BUY AMERICA

The following construction requirements related to the project: all of the iron and steel, manufactured products, and construction materials used in the project are to be produced in the United States (“Build America, Buy America Requirements”) unless (i) the Funding Recipient has requested and obtained a waiver pertaining to the project from the federal agency contributing the greatest amount of federal funding to the project or the project is otherwise covered by a general applicability waiver; or (ii) all federal agencies providing funding for the project have otherwise advised the Funding Recipient in writing that the Build America, Buy America Requirements are not applicable to the project.

Funding Recipient further agrees to comply with all record keeping and reporting requirements under all applicable legal authorities, including any reports required by the funding authority (such as EPA and/or PENNVEST), such as performance indicators of program deliverables, information on costs and project progress. The Funding Recipient understands that (i) each contract and subcontract related to the project is subject to audit by appropriate federal and state entities and (ii) failure to comply with the applicable legal requirements and the Funding Agreement may result in a default thereunder that results in a repayment of the project funding in advance of the maturity of the PENNVEST Debt Obligation, termination and/or repayment of any non-repayment funds or other types of financial assistance, and/or other remedial actions.

https://sam.gov/SAM/

In addition, Funding Recipient shall ensure the following clause is included in all construction contracts associated with the project:

The Contractor acknowledges to and for the benefit of the New Albany Borough_ (“Owner”) and the _PennVEST (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 or effect) shall be amended or waived without the prior written consent of the Funding Authority.

Additional information can be found at https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/build-america-buy-america.

R. CLEAN AIR ACT

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.

S. CLEAN WATER ACT

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

T. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS

The Funding Recipient shall take all necessary affirmative steps to solicit, and document its solicitation efforts of, minority business enterprises and women’s business enterprises, individually and collectively referred to as Disadvantaged Business Enterprises (DBE), in accordance with the Six Good Faith Efforts, as more particularly described on DEP’s Disadvantaged Business Enterprises Resources Website found at https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/disadvantaged-business-enterprises.

U. DAVIS-BACON ACT

The Funding Recipient shall comply with the terms provided in the DBRA Requirements for Contractors and Subcontractors Under EPA Grant, which can be found at https://www.epa.gov/system/files/documents/2023- 10/dbra_requirements_for_contractors_and_subcontractors_under_epa_grants.pdf.

Additional information can be found at https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/davis-bacon.

V. AMERICAN IRON AND STEEL

All requirements for the purchase of American Iron and Steel (“AIS”) set forth in the Federal Consolidated Appropriations Act, January 17, 2014, P.L. 113, No. 76, §436, for all construction contracts awarded for this Project.

In addition, Funding Recipient shall ensure the following clause is included in all construction contracts associated with the project:

The Contractor acknowledges to and for the benefit of the New Albany Borough (“Owner”) and the PennVEST (the “Funding Authority”) 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 Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner and Funding Authority that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall 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 https://www.epa.gov/system/files/documents/2023-10/dbra_requirements_for_contractors_and_subcontractors_under_epa_grants.pdf https://www.epa.gov/system/files/documents/2023-10/dbra_requirements_for_contractors_and_subcontractors_under_epa_grants.pdf https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/davis-bacon https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/davis-bacon 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). While the Contractor has no direct contractual privity with the Funding Authority, as a lender to the Owner for the funding of its project, the Owner and the Contractor agree that the Funding Authority 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 Funding Authority.

Additional information can be found at https://www.pa.gov/agencies/dep/programs-and-services/water/clean-water/infrastructure-finance/american-iron-and-steel.

W. STEEL PRODUCTS PROCUREMENT

All requirements of the Steel Products Procurement Act, March 3, 1978, P.L. 6, No. 3, 73 P.S.

§ 1881 et seq., in every construction contract awarded for this Project.

X. BID REQUIREMENTS

The Funding Recipient agrees that no specification for bids in connection with the project financed by this Funding Offer shall be written in such a manner as to contain proprietary, exclusionary, or discriminatory requirements other than those based upon performance, unless such requirements are necessary to test or demonstrate a specific thing or to provide for necessary interchangeability of parts and equipment and, if available, Funding Recipient shall include at least two brand names or trade names of comparable quality or utility followed by the words “or equal”. Notwithstanding the forgoing, the “or equal” requirement is categorically waived for supplies and equipment being purchased under the Commonwealth’s Cooperative Purchasing Program (COSTARS) or projects being constructed under the Guaranteed Energy Savings Act (GESA).

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

Revised for Addendum #3

NEW WASTEWATER TREATMENT FACILITY BID FORM

NEW ALBANY BOROUGH 00300-1

SECTION 00300

BID FORM

PROJECT IDENTIFICATION: 2026-WW1 – NEW WASTEWATER TREATMENT FACILITY

THIS BID IS SUBMITTED TO: JHA COMPANIES

466 SOUTH MAIN STREET

MONTROSE, PA 18801

THIS BID IS

SUBMITTED BY:

(Address) (Telephone)

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the

Bid Times indicated in this Bid and in accordance with the other terms and conditions of the

Contract Documents.

2. The Bid will remain subject to acceptance for sixty (60) days after the Bid opening, except if the award is delayed by a required approval of another government agency (including

PENNVEST), the sale of bonds, or the award of a grant or grants. The Owner shall reject all bids or award the contract to the lowest responsible and responsive bidder within one hundred twenty (120) days of the bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged):

Date Number

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, performance and furnishing of the Work.

C. BIDDER is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, performance and furnishing of the Work.

NEW ALBANY BOROUGH 00300-2

D. BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except

Underground Facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. BIDDER accepts the determination set forth in paragraph SC 4.2 of Supplementary Conditions of the extent of the “technical data” contained in such reports and drawings upon which BIDDER is entitled to rely as provided in the General Conditions. Bidder acknowledges that such reports and drawings are not Bidding Documents and may not be complete for BIDDER’s purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site.

E. BIDDER has obtained and carefully studied (or assumes responsibility for having done

so) all 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 and procedures of construction to be employed by

BIDDER and safety precautions and programs incident thereto.

F. BIDDER does not consider that 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 required, and in accordance with the other terms and conditions of the Bidding Documents.

G. BIDDER is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work for which this Bid is submitted as indicated in the

Bidding Documents.

H. 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.

I. 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.

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

K. The submission of this Bid constitutes an incontrovertible representation by BIDDER that BIDDER has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

L. BIDDER will submit written evidence of its authority to do business in the state where

NEW ALBANY BOROUGH 00300-3

the project is located not later than the date of its execution of the Agreement.

4. Bidder certifies 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 collusive 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 engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph:

1) "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

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

3) "collusive practice" means a scheme or arrangement between two or more

Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

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

Item No.

Description Unit of

Measure Estimated Quantity

Bid Unit Price

Bid Price

1.

Furnish and Install Wastewater Treatment Plant Structures and Equipment

Bonds, Insurances, Mobilization and Demobilization LS

2. Clearing and Grubbing LS 1

NEW ALBANY BOROUGH 00300-4

3. Site Grading LS 1

4. Excavation for Tanks LS 1

5.

Subgrade Preparation for Tanks CY

6.

Headworks Structure and Mechanical Screen LS

7.

Extended Aeration Treatment Tanks, Blowers, and Equipment LS

8. U.V Disinfection System LS 1

9.

Non-Potable Utility Water System LS

10. Backup Chlorination System LS 1

11. Process Piping/Fittings LS 1

2.

Furnish and Install Blower Control Building

Excavation and Subgrade Preparation LS

2. HVAC LS 1

3. Plumbing LS 1

4.

Building Construction and Building Materials LS

5. Electrical LS 1

3.

Headworks Building

Preparation LS

2. HVAC LS 1

3. Plumbing LS 1

4.

Building Construction and Building Materials LS

5. Electrical LS 1

4.

Furnish and Install U.V Building

Preparation LS

NEW ALBANY BOROUGH 00300-5

2. HVAC LS 1

3. Plumbing LS 1

4.

Building Construction and Building Materials LS

5. Electrical LS 1

5.

Furnish and Install Site Work and Restoration

Gravel Driveway and Road Crushed Stone Stabilization SY

2.

Non-Stabilized Areas - Topsoil, Seeding and Mulching SY

3.

Cement Concrete Sidewalks/Pads CY

2.5

4. Paved Driveways SY 796

5. Stormwater LS 1

6.

Erosion and Sedimentation Control LS

7. Security Fencing LF 640

8. Security Gates LS 1

9. Emergency Generator LS 1

6. Site Testing

1.

Exploratory Excavation for PA ONE-CALL for Utilities CY

2.

Removal, Testing (If Required), and Disposal of Residual Sewage (Allowance)

ALLOWANCE

$20,000.00

3.

Earthwork and Concrete Material Testing Services (Allowance)

ALLOWANCE

$25,000.00

7.

Furnish and Install Sanitary Sewer Lines

10" SDR-35 Gravity Sewer Line LF

2. 4" SDR-21 Force Main LF 255

3. 2" SDR-21 Force Main LF 74

NEW ALBANY BOROUGH 00300-6

4. 6" SDR-35 Effluent Pipe LF 97

8.

Furnish and Install Concrete Manholes, Frames, and Covers

Concrete Manholes Depth 6'- 8' (Cone Top) Each

2.

Manhole Frames and Covers Watertight Each

9.

Cleanouts

2" SDR-21 Cleanout Each

2.

4" SDR 21 Cleanout Each

3.

6" SDR-35 Cleanout Each

10.

Furnish and Install Wastewater Submersible Pumping Stations and Wet Well, Complete-In-Place And Ready For Operation LS

11.

Furnish and Install 1 1/2" Copper Potable Water Service Pipe LF

260276

12.

Furnish and Install 2" SDR- 21 PVC Non-Potable Water Pipe LF

13.

Demolition of Existing Wastewater Treatment Plant LS

14.

Video Inspection, Manhole

Flow Monitoring Devices, And

Repair Of Manholes And

Gravity Sewer Lines ALLOWANCE

$100,000.00

TOTAL AMOUNT BID Items #1-#14 INCLUSIVE

5. Bidder agrees to perform all the work described in the Bidding Documents, complete-in-place and ready for operation, for the following lump sum price.

NEW ALBANY BOROUGH 00300-7

LUMP SUM BID PRICE:

Dollars $

(Use Words) (Numerals)

(In case of discrepancy in the Bid, the amount in Unit Prices will govern.)

ALL SPECIFIC CASH ALLOWANCES ARE INCLUDED IN THE PRICE SET FORTH ABOVE.

SEE SECTION 01025 METHOD OF MEASUREMENT AND PAYMENT FOR INCLUDED

ALLOWANCES. BIDS SHALL INCLUDE SALES TAX AND ALL OTHER APPLICABLE

TAXES AND FEES.

6. BIDDER agrees that the Work will be substantially completed and will be completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work within the times specified in the Agreement.

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

A. Required Bid Security in the form of a Bid Bond or Certified Check (circle type of security provided).

B. Experience and Qualifications Statement with supporting data (Section 00250).

C. Certification of Equal Employment Opportunities (Section 00330).

D. Certification of Non-Segregated Facilities (Section 00350).

E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids.

F. Contractor’s License No.: ____________________ [or] Evidence of BIDDER’s ability to obtain a State Contractor’s License and a covenant by BIDDER to obtain said license within the time for acceptance of Bids.

G. List of Project References.

H. Evidence of authority to sign on behalf of the Bidder

I. Pennsylvania E-Verification Form (Section 00631).

J. BABA Compliance Statement (Section 00371).

8. The terms used in this Bid which are defined in the General Conditions or Instructions have the meanings assigned to them in the General Conditions.

9. This Bid is submitted by:

NEW ALBANY BOROUGH 00300-8

If Bidder is:

An Individual

Name (typed or printed):

By:

(Individual's signature)

Doing business as: ____________________________________________________

NEW ALBANY BOROUGH 00300-9

A Partnership

Partnership Name:

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

A Corporation

Corporation Name:

State of Incorporation:

Type (General Business, Profession, Service, Limited Liability):

(Signature - attach evidence of authority to sign)

Title:

Attest

(Signature of Corporate Secretary)

Date of Qualification to do business in Pennsylvania is

A Joint Venture

Name of Joint Venture:

First Joint Venture Name:

(Signature of joint venture partner - attach evidence of authority to sign)

Second Joint Venture Name:

(Signature of joint venture partner - attach evidence of authority to sign)

SEAL,

if required by State

SEAL,

if required by State

SEAL,

if required by State

SEAL,

if required by State

NEW ALBANY BOROUGH 00300-10

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is party to the venture should be in the manner indicated above.)

Bidder's Business address:

Business Phone No. ( )

Business FAX No. ( )

Business E-Mail Address

State Contractor License No. (If applicable)

Employer's Tax ID No.

Phone and FAX Numbers, and Address for receipt of official communications, if different from

Business contact information:

Bid submitted on , 20_____

State Contractor’s License No.

END OF SECTION

EJCDC® C-800, Supplementary Conditions of the Construction Contract.

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

TOC Page 1 of 1

SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Definitions and Terminology

Article 2— Preliminary Matters

Article 3— Contract Documents: Intent, Requirements, Reuse

Article 4— Commencement and Progress of the Work

Article 5— Site, Subsurface and Physical Conditions, Hazardous Environmental Conditions

Article 6— Bonds and Insurance

Article 7— Contractor’s Responsibilities

Article 8— Other Work at the Site

Article 9— Owner’s Responsibilities

Article 10— Engineer’s Status During Construction

Article 11— Changes to the Contract

Article 12— Claims

Article 13— Cost of Work; Allowances, Unit Price Work

Article 14— Tests and Inspections; Correction, Removal, or Accceptance of Defective Work

Article 15— Payments to Contractor, Set Offs; Completions; Correction Period

Article 16— Suspension of Work and Termination

Article 17— Final Resolutions of Disputes

Article 18— Miscellaneous

Exhibit A— Software Requirements for Electronic Document Exchange

Exhibit B— Foreseeable Bad Weather Days

Exhibit C— Geotechnical Baseline Report Supplement to the Supplementary Conditions

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

SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT

These Supplementary Conditions amend or supplement EJCDC® C-700, Standard General Conditions of the Construction Contract (2018). The General Conditions remain in full force and effect except as amended.

The terms used in these Supplementary Conditions have the meanings stated in the General Conditions.

Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.

The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added—for example, “Paragraph SC-4.05.”

ARTICLE 1—DEFINITIONS AND TERMINOLOGY

SC-1.01.A.2 Add the following after the word “forth”

Among other business terms

SC-1.01.A.3 Add the following language to the end of the Paragraph:

The Application for Payment form to be used on this Project is EJCDC No. C-620 (2018).

After “form” add “under contract”

SC-1.01.A.8 Add the following language to the end of the Paragraph:

The Change Order Form to be used on this Project is EJCDC No. C-941 (2018). Agency approval is required before Change Orders are effective. All Change Order shall be in writing, and the requirement for in writing cannot be waived or modified by any verbal or oral agreements or directions.

SC-1.01.A.26 Insert “or legal actions seeking to assert any of the same” after “encumbrances”

SC-1.01.A.47 Add the following at the end of the Paragraph:

Underground Facilities may be further defined and modified pursuant to the provisions of Pennsylvania Act 187, as referenced elsewhere in the Contract Documents.

SC-1.01.A.50 Add the following language to the end of the Paragraph:

A Work Change Directive cannot change Contract Price or Contract Times without a Subsequent Change Order

ARTICLE 2—PRELIMINARY MATTERS

2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance

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

SC-2.01 Delete Paragraphs 2.01.B. and C. in their entirety and insert the following in their place:

B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner copies of the policies (including all endorsements, and identification of applicable self-insured retentions and deductibles) of insurance required to be provided by Contractor in this Contract. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

C. Evidence of Owner’s Insurance: After receipt from Contractor of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor copies of the policies of insurance to be provided by Owner in this Contract (if any). Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

2.03 Before Starting Construction

SC-2.03 Supplement Paragraph 2.03 of the General Conditions by adding the following paragraph “2.03.B”

B. In a precedence-styled critical path method or similar format acceptable to the Owner and Engineer that provides the following:

1. A graphic representation of all activities and events and key milestones, and

2. Project phasing demonstrating orderly completion of Work.

2.06 Electronic Transmittals

SC-2.06 Supplement Paragraph 2.06 of the General Conditions by adding the following paragraph:

D. Requests by Contractor for Electronic Documents in Other Formats

1. Release of any Electronic Document versions of the Project documents in formats other than those identified in the Electronic Documents Protocol (if any) or elsewhere in the Contract will be at the sole discretion of the Owner.

2. To extent determined by Owner, in its sole discretion,…