Bid 2427 Specs.pdf

BID NO. 2427

PREQUAL BID #B2727966

ACTUAL BID #B2727967

City of Philadelphia Water Department

WORK NO. 61125

BIDDING REQUIREMENTS, CONTRACT FORMS

and

SPECIAL SPECIFICATIONS

for

FILTER REPLACEMENT

at

BAXTER WATER TREATMENT PLANT

9001 STATE ROAD

PHILADELPHIA, PA 19136

Quotes are to be submitted before ten thirty a.m., prevailing time, on

WWW.PHLCONTRACTS.PHILA.GOV.

An opening of quotes received will be held on the Zoom platform at ten thirty a.m., prevailing time, on

Tuesday, October 27, 2026

NOTICE:

No quote will be accepted unless the prequalification questionnaire, with all questions fully answered, is submitted within the prequalification solicitation on WWW.PHLCONTRACTS.PHILA.GOV, on or before Tuesday, October 6, 2026.

http://www.phlcontracts.phila.gov/

WORK NO. 61125

T/C - 1

TABLE OF CONTENTS

BIDDING REQUIREMENTS, CONTRACT FORMS, AND GENERAL CONDITIONS

Section Section Number Title

----- Title Sheet ----- Table of Contents ----- Bid Pricing Pages ----- Local Business Entity Determination Form ----- Bid Bond Form ----- Bid Processing Fee Notice ----- Performance of Work by the Contractor ----- Small & Local Business Plan ----- DOL Apprenticeship Requirements ----- Notice to Sellers – LCP Tracker ----- Act 141 Verification Form ----- Notice to Sellers – OIG ----- Diesel Engine Emission Control ----- P.I.D.C. Working Capital Line of Credit ----- Schedule of Prevailing Wage Rates ----- Prices for Contingent Work ----- Pennsylvania Sales Tax 00100 Instructions to Sellers 00110 Special Instructions 00120 Supplementary Instructions to Sellers

SPECIAL SPECIFICATIONS

00800 Supplementary Conditions 00850 Drawings and Schedules

DIVISION ONE -- GENERAL REQUIREMENTS

01010 Summary of Work, Measurement and Payment 01040 Coordination 01125 Contractor Requirements for Confined Space Entry 01126 Contractor Requirements for Entering Water Department Operating Sites With Hazardous Materials 01127 Contractor Requirements for Entering Water Department Areas Which May Contain Hazardous Gases 01300 Submittals 01323 Construction Progress Schedules 01400 Quality Control 01500 Construction Facilities and Temporary Controls 01600 Material and Equipment 01700 Contract Closeout 01750 Spare Parts

WORK NO. 61125

T/C - 2

DIVISION THREE -- CONCRETE

03200 Steel Reinforcement 03300 Cast-In-Place Concrete 03620 Chemical Grouting 03670 Epoxy Resin Injection 03930 Concrete Repair and Rehabilitation

DIVISION THIRTEEN -- SPECIAL CONSTRUCTION

13220 Filter Underdrains and Media

ATTACHED:

----- Standard Contract Requirements for Public Works Contracts

Contractor:

PWD ID Description UOM Quantity Unit Price Total

GC-1

For additional maintenance and janitorial services for existing Engineer's field office, per Allowance. Allowance 1.0 20,000.00$ 20,000.00$

GC-2

GC-2 includes but is not limited to, furnishing all labor, materials and equipment necessary to completely remove and dispose existing filter media, removal and disposal of existing underdrains, complete installation of new drains, testing, installation of new media, and disinfection/dichlorination, as herein specified.

Paid per each filter Each 10.0 -$

GC-3

GC-3 includes days allotted for site visits from the underdrain manufacturer, as specified in Section 13220. Days 60.0 -$

GC-4

GC-4 includes additional anthracite in the amount of 250 tons. The anthracite required for the filter media replacement is included GC-2. Paid per ton. Ton 250.0 -$

GC-5

GC-5 includes all labor, material and equipment required to install 30 bearings for the sweep arms.

Paid per each sweep arm. Each 30.0 -$

GC-6

Contractor shall provide a square foot (Sq Ft) unit cost for furnishing all labor, materials and equipment necessary for placement of repair mortar on spalled sections exhibiting deterioration of less than or equal to one (1) inch in depth, including site preparation, formwork, scaffolding, clean-up and all appurtenant work, all as determined by the Engineer and as specified herein. Sq Ft 200.0 -$

GC-7

GC-7 includes the quantity of material used, surface seal and chemical grout, per gallon. Gallons 170.0 -$

Bid 2427 - 61125

BID PRICING PAGES - BID 2427

GC-8

GC-8 includes all labor and equipment for injecting grout and sealing cracks, including but not limited to scaffolding, drilling ports, flushing cracks, injecting cracks, cleaning up, and appurtenant work. Paid in linear feet. Linear Ft 3,000.0 -$

GC-9

GC-9 includes manufacturer's representative to be on site for crack injection (grout and epoxy) work, as specified in Sections 03620 and 03670, per Day. Days 40.0 -$

GC-10

GC-10 includes all labor, materials, and equipment necessary for epoxy crack injection, including scaffolding, cleaning cracks, sealing cracks, injecting cracks, test cores and drilling holes, cleaning up and grouting port holes as specified. Linear Ft 1,200.0 -$

GC-11

For furnishing all labor, materials and equipment for any unforeseen conditions within each filter.

The quantity and type of work shall be determined in the field and approved by the Owner and Engineer, per Allowance. Allowance 1.0 25,000.00$ 25,000.00$

GC-12

Contractor shall provide a cubic foot (Cu Ft) unit cost for furnishing all labor, materials and equipment necessary for preparation and placement of repair mortar on spalled sections greater than one (1) inch, including site preparation, formwork, scaffolding, clean-up and all appurtenant work, all as determined by the Engineer and as specified herein. Cubic Ft 100.0 -$

GC-13

Contractor shall provide a pounds (Lbs) unit cost for furnishing all labor, materials and equipment necessary for installation of new steel reinforcement within spalled reinforced sections exhibiting deterioration resulting in section loss of 25% of reinforcing steel or greater, including site preparation, formwork, scaffolding, clean-up and all appurtenant work, all as determined by the Engineer and as specified herein. Lbs 50.0 -$

$ -AGGREGATE AMOUNT BID

BID PRICING PAGES - BID 2427

Rev. Jan. 2020

The City of Philadelphia Local Business Entity (“LBE”) Determination Form

In accordance with Chapter 17-109 of The Philadelphia Code relating to Local Bidding Preferences and the Regulations promulgated thereto, this opportunity/bid may be subject to a local bid preference. 1 This form is required to be uploaded to PHLContracts by the Seller along with all required supporting documentation described herein in order to be eligible for any LBE preference available.

This form does not replace the LBE certification process or the annual affidavit requirements for an LBE and is not itself an application for LBE certification. Seller must be certified as an LBE at the time of the bid opening to receive the preference. For more information regarding obtaining and maintaining LBE certification please visit: http://www.phila.gov/bids, and follow the “Local Preference” link.2

I) Contract Incorporation

This LBE Determination Form, the certifications contained herein, and all supporting documentation shall be considered incorporated into any contract resulting from this opportunity/bid if an LBE preference is awarded to Seller. Following Seller’s submission of the required materials, the Procurement Department, in its sole discretion, shall make the final determination as to whether the LBE preference is applied to Seller’s bid.

II) Definitions

For the purposes of this LBE Determination Form and certification, capitalized terms shall have the following meanings:

“Majority of Any Work” means 51% of the overall work performed on the contract resulting from this opportunity/bid, as determined by the proportionate dollar cost for the work compared to the total dollar value of the contract.

III) Certification

Seller hereby makes the following certification in connection with the grant of any local bidding preference:

A) Throughout the entirety of the contract, Seller or Seller’s LBE certified subcontractor(s) will perform the Majority of Any Work on the subject contract within the geographic limits of the City of Philadelphia and Seller or Seller’s LBE certified subcontractor(s) will maintain within the City a majority of the inventory or equipment that will be used on the contract or the amount of inventory that is customary for that industry;

B) Seller understands that failure to comply with this certification at any time during the term of its contract, may result in Seller’s LBE certification being revoked at the discretion of the Procurement Commissioner and Seller shall be in breach of such contract and subject to any and all remedies available, including payment of liquidated damages in the amount of 10% of the total awarded contract amount, and may be debarred by the Procurement Commissioner in accordance with the Procurement Department Debarment Regulation for a period of up to three years. Seller further understands that the City has the right to request any information related to this certification at any time; and http://www.phila.gov/bids http://www.phila.gov/bids

Rev. Jan. 2020

C) Seller anticipates that the percentage of work to be performed by an LBE on any contract resulting from this opportunity/bid will be as follows: 3

Seller or Subcontractor Name Description of Work Cost of Work (Dollars)

Overall Percentage of

Work (%)

IV) Supporting Documentation

Seller hereby certifies that it has submitted with this LBE Determination Form the following supporting documentation, uploaded as an attachment or attachments to PHLContracts with Seller’s bid:

A) Seller Documentation

i) A current valid certification from the Procurement Commissioner designating Seller as an LBE; and

ii) Seller’s most recent LBE annual affidavit;

B) Subcontractor Documentation 4

To the extent that Seller is relying on an LBE subcontractor to meet any of its certification requirements in section III:

i) A current valid certification from the Procurement Commissioner designating such subcontractor as an LBE; and

ii) Any such subcontractor’s most recent LBE annual affidavit.

1 For quotes of One Million Dollars or less, the preference is ten percent (10%); for all other quotes the preference is five percent (5%).

2 Evidence is required in order to obtain LBE certification and a review is conducted. The City cannot guarantee that LBE certification applications will be processed before the opportunity/bid opening date. The Procurement Department reserves the right to request any additional or clarifying information at any time prior to award of a contract, and during the performance of a contract.

3 Attach additional sheets as needed.

4 The identity of any subcontractor relied on for an LBE preference is required with Seller’s bid submission, notwithstanding any other subcontractor identification requirements contained elsewhere in the opportunity/bid or contract.

Totals

BID BOND

FOR CITY OF PHILADELPHIA BID NUMBER: __________________________

(Please fill in)

KNOW ALL MEN BY THESE PRESENTS, that we ____________________________

___________________________________________________________________________, as

Principal (hereinafter called the “Principal Obligor”), and

_____________________________, Surety, are jointly and severally held firmly bound unto the City of

Philadelphia, in the sum of

TEN PERCENT (10%) of the GROSS AMOUNT OF THE BID lawful money of the United States of America, to be paid to the said City of Philadelphia, its successors and assigns, to which payment well and truly to be made, we do bind ourselves and each of us, our and each of our successors and assigns, jointly and severally, firmly by these presents.

Sealed with our seals and dated the ____________________________________ day of

____________________ A.D. 20___.

WHEREAS, the above bounded Principal obligor, submitted a bid pursuant to the above referenced

Bid Number to perform certain work for the City of Philadelphia.

NOW, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the City of Philadelphia shall accept the bid of the Principal Obligor and the Principal obligor shall enter into a contract with the City in accordance with the terms of such bid, and furnish such bond or bonds as are specified in the bid documents with good and sufficient surety, for the faithful performance of the contract and for the prompt payment of labor and material furnished in the prosecution thereof; or in the event of the failure or refusal of the Principal obligor to enter such contract and give such bond or bonds, if the Principal Obligor shall pay to the City the difference between the amount specified in said bid and such larger amount for which the City may legally contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

And we do for ourselves and each of us, our and each of our. successors and assigns, hereby heirs, executors, administrators, authorize and empower the City solicitor of Philadelphia or any other attorney of any court of record in Pennsylvania or elsewhere by him or her deputized for the purpose, upon the filing of this instrument or a copy thereof, duly attested as correct by the City Solicitor of Philadelphia, to appear for us or either of us, our or either of our heirs, executors, administrators, successors or assigns, and confess a judgment against us or either of us, our or either of our heirs, executors, administrators, successors or assigns, in favor of the City of Philadelphia for the sum named in this bond, without defalcation, with costs of suit, release of errors, and with five percent added for collection fees; hereby waiving the benefit of all exemption laws and the holding of inquisition on any real estate that may be levied upon by virtue of such judgment, voluntarily condemning such real estate and authorizing the entry of such condemnation upon any writ of fieri facias and agreeing that said real estate may be sold under the same; and further waiving all errors, defects and imperfections whatsoever in the entering of the said judgment or any process thereon, and hereby agreeing that no writ of error or objection or motion or rule to open or strike off judgment or to stay execution or appeal, shall be made or taken thereto.

And for the doing of these acts, this instrument or a copy thereof attested as aforesaid shall be full warrant and authority.

CORPORATE SEAL: PRINCIPAL OBLIGOR:

_______________________ (SEAL)

President or Vice President

Secretary or Treasurer (or either of their assistants)

SURETY:

Attorney-In-Fact

Note: (1) All sellers must utilize this Bid Bond form when submitting a bid to the city.

(2) If Principal obligor is an individual or partnership, Bid Bond should be signed by owner or authorized general partner. Please identify on the Bid Bond the type of business

(e.g. individual proprietorship or partnership) and title of party executing the Bid Bond.

(3) Bid Bond must be executed by a surety c authorized and licensed to act as surety by the Pennsylvania Insurance Commissioner pursuant to the Commonwealth of Pennsylvania.

1401 John F. Kennedy Blvd #120

Philadelphia, PA 19102-1685

CONTACT US:

Email PHLContracts@phila.gov

Call 215-686-4755 or 215-686-4720 www.PHLContracts.phila.gov

BID PROCESSING FEES

Quotes shall be accompanied by a non-refundable processing fee and must be received by the City of Philadelphia prior to the date and time of the bid closing. Payments must be in the exact amount that is specified in paragraph 11 of the Standard Contract Requirements and the Seller Quote Checklist within the bid solicitation.

Electronic Payment Submission

Electronic payment submission of Bid Processing fees can be made at:

https://secure.phila.gov/PaymentCenter/AccountLookup/

Bid number must be referenced on the payment

****Please note: Electronic payments made by credit card will have an additional service charge.

And ____________________________________ hereby agrees to provide acceptable surety, both for the proper completion of the work and upon the penal bond, and to complete the whole of the work within (850) CALENDAR days from the date of the Notice to Proceed from the Chief Engineer to commence the work.

PERFORMANCE OF WORK BY CONTRACTOR

I, the undersigned Contracting Seller, am required to perform, on the site and with my own work force, work with a value of at least twenty percent (20%) of the original total contract price, exclusive of profit, overhead and the costs of procuring insurance and bonds. I, the undersigned Contracting Seller shall submit with my Quote a complete description of the work that will be performed (e.g., earthwork, paving, brickwork, roofing, etc.), the percentage of the total work this represents, and the estimated dollar value thereof.

I shall perform the following work:

Percentage of the total contract to be performed by Contracting Seller

Estimated cost of work to be performed by Contracting Seller:

Ekpenyong Oji 9/17/26

SLBP

Rev. Date: August 2026

CITY OF PHILADELPHIA

OFFICE OF ECONOMIC OPPORTUNITY

SMALL & LOCAL BUSINESS PLAN

Forms, Instructions and Special Contract Provisions Filter Replacement at Baxter WTP Bid 2427

1. INTRODUCTION

Under the authority of Executive Order No. 06-25, the City of Philadelphia (the “City”) has established a Policy for the City of Philadelphia Small Business Program (the “SBE Policy”) relating to the participation of Small Business Enterprises (“SBE”) in City contracts. The Policy is administered by the Office of Economic Opportunity (“OEO”).

The City is committed to fostering economic opportunity for all and enabling all businesses to compete for City contracts without the impediments of discrimination. The goal of the SBE Policy is to ensure that all purchasing and contracting activities are conducted in a fair and equitable manner with increased emphasis on SBE outreach, solicitation and participation. This includes implementation of effective strategies to document and monitor prime contractors’ compliance with, and commitments to, sub-contract work with SBEs.

The City’s local businesses supply vital goods and services, offer important employment opportunities, and can help to build wealth and innovate commercial change. The City seeks to increase local economic impact by redirecting a greater share of City spending toward local businesses through the Local Business Entity Program (“LBE Program”), administered by the City’s Procurement Department. The LBE Program can generate substantial economic returns through increased local spending.

In furtherance of the goals of Executive Order No. 06-25 and the SBE Policy, this Small & Local Business Plan (“SLBP”) outlines the City’s requirements for the participation of small and local businesses on this particular Project.

Further clarification of OEO’s Small Business Program, along with assistance in completing forms, can be obtained by phone at (215) 683-2071 or by email at oeophila@phila.gov. More information on Procurement’s Local Business Program can be obtained by phone at (215) 686-5940 or by email at LBEcertification@phila.gov.

2. DEFINITIONS

A. Availability. The percentage of SBEs and LBEs that are ready, willing, and able to perform specific types of government contracts or procurements, compared to all businesses in the market that are capable of performing the same type of work.

B. Best and Good Faith Efforts. Efforts undertaken in good faith in furtherance of the participation goals required under this SLBP and which a reasonable person would perceive to be of a nature and scope likely to achieve such goals, regardless of whether the goals are in fact met.

C. Certifying Agency. A recognized certification agency that verifies a business meets specific size and revenue standards. Approved Certifying Agencies are identified on OEO’s website at Certifying Agencies | Office of Economic Opportunity | City of Philadelphia.

D. Commercially Acceptable Function. A business or contractor performs a Commercially Acceptable Function when it is responsible for executing the work of a contract and is carrying out its responsibilities by directly performing, managing, and supervising the work

SLBP

Rev. Date: August 2026 involved. To perform a Commercially Acceptable Function the business or contractor must perform a distinct element of the work required by, and commensurate with the dollar amount set forth for such work in, the contract or subcontract.

E. Contract. The contract awarded by the City for the Project whether as a result of a competitive bid or request for proposals

F. Dominant in Its Field of Operation. A company that holds significant control and influence over their specific industries or markets, allowing them to shape prices, set standards, and operate with minimal competitive pressure.

G. Local Business Entity (LBE). A business that has been certified as a Local Business Entity, consistent with the City’s requirements governing eligibility for such certification.

More information about the LBE Program can be found on the City’s webpage at Procurement Department | Local Preference.

H. OEO Registry. OEO maintains a registry of businesses that have been certified as SBE by a Certifying Agency. Information about OEO’s Registry can be found on OEO’s website at OEO Registry | Office of Economic Opportunity | City of Philadelphia.

I. Participant. Any SBE or LBE engaged to perform work on the Project either as a prime contractor or as a subcontractor.

J. Project. The work to be completed under the Contract and as defined in Appendix 1:

Participation Range Memo.

K. Respondent. Any person or entity responding to a City contracting opportunity for the Project, whether by bid or proposal.

L. Small Business Enterprise (SBE). Any for-profit, independently-owned business that is domiciled in the United States that is not Dominant in Its Field, employs one hundred (100) or fewer employees, and earns forty-seven million dollars ($47,000,000) or less in average annual revenue over a three-year period. SBEs are subdivided into the following tiers according to revenue and employee number criteria, as may be updated from time to time at the sole discretion of the City:

1. “Micro-Small Business” is an SBE with one million dollars ($1,000,000) or less in average annual revenue over a three-year period and has ten (10) or fewer employees.

2. “Emerging Small Business” is an SBE with more than one million dollars ($1,000,000) but less than ten million dollars ($10,000,000) in average annual revenue over a three-year period and has twenty-five (25) or fewer employees.

3. “Midsize Business” is an SBE with more than ten million dollars ($10,000,000) but less than twenty-three million five hundred thousand dollars ($23,500,000) in average annual revenue over a three-year period with fifty (50) or fewer employees.

4. “Macro Business” is an SBE with more than twenty-three million five hundred thousand dollars ($23,500,000) but less than forty-seven million dollars ($47,000,000) in average annual revenue over a three-year period with one hundred (100) or fewer full-time employees.

To account for differences in industry, the City will use the United States Small Business Administration’s (“SBA”) method of identifying SBEs for industries with high value, low volume products—such as wholesale/distribution/manufacturing firms, and heavy equipment or vehicle sales—by counting employees rather than revenue, to avoid disqualifying small firms that generate high revenue with minimal staff. This system ensures a fair and consistent method for determining SBE eligibility across industries.

The SBA regularly updates these standards to align with economic conditions, industry trends, inflation, and federal contracting needs. Businesses must identify the correct

SLBP

Rev. Date: August 2026

NAICS code, confirm they meet the applicable size metric, and maintain documentation supporting ownership, control, receipts, and workforce levels.

M. S/LBE. An entity that qualifies as both a Small Business Enterprise and Local Business Entity.

N. Submission. A Respondent’s response to the City contracting opportunity for the Project, whether by bid or proposal.

O. Utilization. The percentage of contract dollars awarded to SBEs or LBEs over a given reporting period.

3. SBE PARTICIPATION GOALS & REQUIREMENTS

A. SBE GOALS

OEO has calculated SBE participation goals based upon the Availability of SBEs for the scope of work identified for the Project, the total dollar value of the Project, and an assessment of past performance of similar work. The SBE participation goals for this Project are set forth in Appendix 1: Participation Range Memo. If OEO has not set participation ranges, then the Respondent is still required to exercise Best and Good Faith Efforts to include SBEs in its Submission.

These goals represent the level of participation that should be attained by SBEs from business opportunities existing in the available market through the exercise of Best and Good Faith Efforts and in the absence of discrimination in the solicitation.

B. SBE REQUIREMENTS

1. SBE Participant Credit

If Respondent is an SBE and will self-perform work on the Project, the SBE Respondent will be credited for the participation range for its certification category.

Participation will be credited to SBE Participants only if the following conditions are met:

a) SBE Participant is certified by a Certifying Agency at the time of contract award;

b) SBE Participant is in the OEO Registry at the time of contract award; and

c) SBE Participant performs a Commercially Acceptable Function.

2. SBE Joint Venture Partner Participation Credit

If an SBE is a partner in a joint venture created for purposes of performing work on the Project, that SBE partner will be credited for the participation ranges only to the extent of the SBE partner’s ownership interest in the joint venture and only if the SBE partner meets the following criteria:

a) SBE partner is certified by a Certifying Agency at the time of contract award;

b) SBE partner is identified in the OEO Registry at the time of contract award;

c) SBE partner derives a “substantial benefit” from the Contract;

SLBP

Rev. Date: August 2026

d) SBE partner is substantially involved in all phases of the Contract including planning, staffing, and daily management; and

e) The business arrangement is customary (i.e., each partner shares in the risk and profits of the joint venture commensurate with their ownership interest, contributes working capital, and other resources, etc.).

4. LBE PARTICIPATION GOALS & REQUIREMENTS

A. LBE GOALS

The City may calculate LBE or S/LBE participation goals based upon the Availability of LBEs for the scope of work identified for the Project, the total dollar value of the Project, and an assessment of past performance of similar work. If applicable, the LBE participation goals for this Project are set forth in Appendix 1: Participation Range Memo.

If the Project does not have participation goals for LBEs, note that the City may consider Respondent’s intent to utilize LBEs when evaluating local impact criteria, if applicable. The City strongly encourages the use of LBEs at all tiers of the Project when feasible.

B. LBE REQUIREMENTS

If Respondent is an LBE and will self-perform work on the Project, the LBE Respondent will be credited for the participation range for its certification category. Participation will be credited to LBE Participants only if the following conditions are met:

1. LBE Participant is certified as an LBE by the Procurement Department at the time of contract award; and

2. LBE Participant performs a Commercially Acceptable Function.

5. SUBMISSION REQUIREMENTS

A. Responsiveness

1. Respondent’s compliance with this SLBP, including the submission of any required forms and supporting documentation, is an element of responsiveness to the contract opportunity for the Project and failure to submit the required forms and documentation may result in rejection of Respondent’s Submission.

2. To be deemed responsive, Respondent’s Submission must contain documentary evidence of any Participants that have been solicited and will be used by Respondent on the Contract, if awarded. Documentary evidence must be submitted in accordance with the instructions outlined in this SLBP and in response to each of the participation ranges included in Appendix 1, as applicable.

3. After reviewing the Respondent’s Submission and any other information OEO deems relevant to its evaluation, OEO will make a written determination as to Respondent’s responsiveness that will be forwarded to the awarding City Department. If Respondent is determined non-responsive by OEO, Respondent will be notified and may file a written appeal with the Deputy Director of OEO within forty-eight (48) hours of the date of notification. The decision of the Deputy Director of OEO shall be final.

SLBP

4. Respondent must verify that all forms, information, and documentation submitted to the City are true and correct and acknowledge that the submission of false information by Respondent is subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities, which may include payment of a fine of at least $1,000 and a term of imprisonment of not more than two years.

B. Solicitation & Participation Form

1. Respondent must complete Appendix 2: Solicitation & Participation Form (“S&P

Form”) to document all solicitations and commitments made by Respondent. A completed S&P Form must be included in Respondent’s Submission regardless of whether commitments resulted.

a) Respondent should only make actual solicitations of Participants whose services or materials are within the scope of the Project. Mass mailing of a general nature or similar methods to Participants will not be deemed as solicitation but rather will be treated as informational notification only.

b) A reasonable period of time should be given to all solicited Participants to ensure there is sufficient time to adequately prepare quotes/subproposals.

c) Respondent’s listing of a commitment with a Participant constitutes a representation that Respondent has made a legally binding commitment to contract with such Participant upon award of a Contract by the City (“Contract Commitment(s)”).

2. Failure to Submit S&P Form. Failure to submit a completed S&P Form may result in rejection of Respondent’s Submission as nonresponsive. The City, at its sole discretion, may allow Respondents to submit or amend Submissions at any time prior to award which may result in revision to Respondent’s participation commitments.

3. Joint Venture Eligibility Information Form. If Respondent has entered into a joint venture with a partner, Respondent must also submit the “Joint Venture Eligibility Information Form,” available by request from OEO, for the City’s review and approval of the joint venture arrangement.

C. Best and Good Faith Efforts

1. Respondents are required to use Best and Good Faith Efforts in the solicitation and recruitment of SBE or LBE Participants to work on the Project, even if OEO has not established participation ranges for the Project.

a. If Respondent does not fully meet each of the participation goals established for the Project, Respondent must demonstrate that it exercised Best and Good Faith Efforts to achieve the participation goals and submit a written request, on letterhead, for the reduction of part or all of the participation goals (“Request For Reduction/Waiver”).

b. If OEO has not established participation ranges for the Project, Respondent must demonstrate that it exercised Best and Good Faith Efforts to solicit and recruit SBEs and/or LBEs for the Project.

SLBP

Rev. Date: August 2026

2. Respondent’s documentary evidence must show that Respondent took all necessary steps and made reasonable efforts to achieve the participation goals or to include SBEs and/or LBEs in the Project, even if these efforts were not fully successful.

3. Failure to provide such documentary evidence may result in rejection of the

Submission as nonresponsive. The City, at its sole discretion, may allow Respondent to submit or amend its Submission at any time prior to award which may result in revision to Respondent’s participation commitments.

4. OEO will evaluate the scope, intensity, and appropriateness of these efforts to ascertain whether they could reasonably be expected to achieve participation commensurate with the goals range taking into account the Availability of SBEs and LBEs.

5. Documentation of Best and Good Faith Efforts undertaken may include, but is not limited to:

a) Types and amount of work made available to Participants

b) Solicitation of certified Participants

c) Any and all quotes received from any Participant and firm selection process notes

d) Reasons for not committing with any Participants that submitted a quote/subproposal, regardless of whether the quote/subproposal was solicited by Respondent

e) Advertisements for participation

f) The extent to which Respondent sought assistance from government agencies to facilitate solicitation of Participants

g) Information provided by Respondent to Participants regarding the Project

h) Assistance with bonding, financing and resources

i) Any additional supporting data and documentation or other relevant information

j) Where Respondent intends to perform services itself, without subcontracting, an explanation of the rationale for doing so

6. Respondent's documentary evidence will be reviewed by OEO to determine, at its sole discretion, whether Respondent exercised Best and Good Faith Efforts to achieve the Project’s participation goals or to include SBEs and/or LBEs in the Project.

7. OEO’s review may include, without limitation:

a) Whether Participants were treated at least as favorably as other businesses in the solicitation and commitment process. For example, OEO may investigate whether Participants were given the same information, access to the plans and requirements of the Contract and given adequate amount of time to prepare a quote/subproposal as others who were solicited by Respondent.

SLBP

Rev. Date: August 2026

b) Whether all eligible Participants were accorded the same level of outreach as other similarly situated Participants and whether Participants received outreach at least as favorable as outreach to non-Participant entities. For example, OEO may investigate whether Respondent short-listed any Participants for participation or solicited any Participants at any pre-proposal meetings.

c) Whether Respondent's contracting decisions were based upon policies which disparately affect Participants. OEO may consider whether Respondent employs policies which facilitate the participation of Participants on City contracts such as segmentation of the Contract or prompt payment practices.

d) Whether Respondent’s selected portions of work or material needs are consistent with the capacity of available Participant subcontractors and suppliers.

6. SPECIAL CONTRACT PROVISIONS

A. Contract Requirements

1. Contract Documents. This SLBP, including Appendix 1 as applicable, Respondent’s completed S&P Form and any accompanying documents regarding the solicitation of and commitments with Participants, shall be considered a part of the Contract and will be expressly incorporated into the Contract upon award. Respondent agrees to provide any additional information and to complete any additional forms required by OEO prior to execution of the Contract.

2. Participant Subcontracts. Upon award of the Contract, the successful Respondent is required to enter into legally binding agreement(s) with Participants (“Participant Subcontract(s)”) for the services and in the dollar amount(s) and percentage(s) as so committed pursuant to the Contract Commitment(s).

3. Changes to Contract Commitments. Participation commitments are to be maintained throughout the term of the Contract and shall apply to the total value of the Contract (including any increase/change orders). Any change in Contract Commitments, including but not limited to, substitutions for the listed Participants, changes or reductions in the work to be performed by Participants, and/or listed dollar/percentage amounts to be paid to Participants, must be pre-approved in writing by OEO.

4. Prompt Payment. The successful Respondent is required to pay any Participant subcontractors or suppliers promptly for services performed pursuant to the Contract (including the supply of materials) in an amount of its proportionate share.

5. Reports. On a monthly basis, the successful Respondent shall submit to OEO all required information, including but not limited to Participant data, certified payroll, and demographic data. When applicable, the successful Respondent shall submit workforce demographic data to the City’s Labor Standards Unit (“LSU”) in accordance with LSU’s requirements.

6. Electronic Payment Systems. In connection with the payment of Participants, the successful Respondent is required to use the City’s electronic systems for payment verification (B2GNOW Contract Compliance Reporting System) and certified payrolls (LCP Tracker) and/or any successor systems as may be determined by the City from time to time. Participants are required to verify receipt of payment in said systems. Failure to verify payment or to submit certified payrolls in said system(s) may result in withholding of payment.

SLBP

Rev. Date: August 2026

7. Access to Information. OEO shall have the right to make site visits to Respondent’s place of business and/or job site and obtain documents and information from any Respondent, SBE Participant, subcontractor, supplier, manufacturer or contract participant that may be required in order to ascertain Respondent’s responsiveness and responsibility. Failure to cooperate with OEO in its review may result in termination of the Contract.

8. Records. The successful Respondent shall maintain all books and records relating to

Participants, Participant Subcontracts, and Contract Commitments (e.g. copies of quotations, subcontracts, joint venture agreement, correspondence, cancelled checks, invoices, telephone logs) for a period of at least five (5) years following expiration of the Contract. These records shall be made available for inspection by OEO and/or other appropriate City officials. The successful Respondent agrees to submit reports and other documentation to OEO as deemed necessary by OEO to ascertain the successful Respondent’s fulfillment of its Contract Commitments.

B. Breach and Remedies

1. Breach. Respondent’s failure to comply with the requirements of the SBE Policy, this

SLBP, its Contract Commitment(s), or any other contract documents constitutes a material breach the Contract. If OEO determines that the Respondent has discriminated against an SBE or LBE at any time during the term of the Contract, OEO may recommend to the Procurement Commissioner the imposition of sanctions and the exercise of remedies.

2. Remedies. Notwithstanding any additional rights or remedies available under the Contract or in law or equity, in the event the City determines that the successful Respondent has failed to comply with any of the requirements of the SBE Policy, this SLBP, or the Contract, including substantial compliance with any Contract Commitment, the City may:

a) Debar the successful Respondent from proposing on and/or participating in any future contracts for a period determined by the City not to exceed three (3) years;

b) Withhold payment at the sole discretion of the City until corrective action is taken to the satisfaction of the City, in which case such withholding shall not be considered a penalty. If corrective action is not taken, the withheld payment shall serve as liquidated damages for the Respondent’s failure to comply with the Contract;

and/or

c) Terminate the Contract.

The City may exercise any or all remedies set forth in this SLBP, each of which may be pursued separately or in conjunction with any other remedies as the City in its sole discretion shall determine.

3. Sole Benefit of the City. These remedies are for the sole benefit of the City and City’s failure to enforce any provision or the City’s indulgence of any non-compliance with any provision of any policy, this SLBP, or the Contract, shall not operate as a waiver of any of the City’s rights in connection with the Contract nor shall it give rise to actions by any third parties, including identified Participants.

4. No Third-Party Beneficiaries. No privity of contract exists between the City and any Participant identified in any contract awarded for the Project. The City does not intend to give or confer upon any such Participant any legal rights or remedies in connection with subcontracted services pursuant to this SLBP or by reason of any contract awarded for the

SLBP

Rev. Date: August 2026

Project. Nothing herein prevents the Participant from seeking a private cause of action under any legally binding contract to which it may be a party.

SLBP – Appendix 1

APPENDIX 1

Participation Range Memo

TO : Alexander Fidrych, PROCUREMENT SPECIFICATION ANALYST, PWD

FROM : Ekpenyong Oji, Bus. Enterprise Coordinator, Office of Economic Opportunity

SUBJECT : Project – Filter Replacement at Baxter WTP Bid 2427

Mayor’s Executive Order No. 06-25 – Small Business Enterprise (SBE) and Local Business Entity (LBE) Participation Ranges

DATE : September 17, 2026

Pursuant to Executive Order No. 06-25, OEO has set the below Participation Ranges for the subject Project, after reviewing, among other things, the type and scope of the Project at issue, the estimated dollar value of the Project, the number of SBEs and LBEs that may be available to participate on the type of Project, and applicable legal requirements for the contract or project:

SBE Ranges Micro %

Emerging % Midsize % Macro %

Other (if, applicable) % Total SBE Range 25%

LBE or S/LBE Ranges LBE Range %

S/LBE Range %

NAICs Code XXX – Description- 237110 Admin support, Building Construction/Supply Civil construction, APPENDIX 2

Solicitation & Participation Form

SLBP – Appendix 2 Rev. Date June 2026

RESPONDENT PROJECT #

PROJECT NAME

POSTED DATE ESTIMATED VALUE

List all SBE and LBE you have solicited to use for a Commercially Acceptable Function on this Project - copy this form as necessary.

• SBE and LBE listed must be certified at the time of contract award.

• Respondent should attach supporting quotations with this form. The City reserves the right to request additional information which must be provided by Respondent within

48 hours of the City's Request.

• The City collects demographic data for informational purposes only. The provision of demographic data will not affect Respondent's current or future access to contract opportunities.

• If OEO did not set participation ranges for this Project, Respondent is still required to complete this form and attach documentation demonstrating Best and Good Faith Efforts to solicit SBEs and LBEs.

SBE and LBE Information Name of SBE and LBE Contact Information including, address, telephone number, and e-mail address

Scope of Work NAICS Code

Subcontractor or Supplier

Dollar Amount for SBE and LBE

Percent of Total Proposal

Quote Received (Y/N)

Registry (Y/N)

Owner Ethnicity*

I hereby certify that the above information is accurate to the best of my knowledge (Title)

*Ethnicity: (A) African-American; (B) American Indian or Alaskan Native; (C) Asian-American; (D) Hispanic or Latino American; (E) Native Hawaiian or Other Pacific Islander; (F) White; (G) Other

(Signature)

Additional Sheets May Be Used as Necessary

SBE, LBE

or S/LBE

NEW

APPRENTICESHIP

REQUIREMENTS

Effective: July 1, 2026

Applies to: All contractors and subcontractors on $300,000+ City construction projects with 4+ on-site workers (does not apply to to roadwork or right-of-way projects)

Workforce: 70% of on-site workers must be graduates or enrolled in a Certified Apprenticeship Program

Non-compliance: Can result in being disqualified or debarred from City contracts

More Information:

Municipal Services Building 1401 JFK Boulevard, Room 170C Philadelphia, PA 19102

(215) 686 - 2132

FAX (215) 686-2116

ANDRE BRAGG

Director Labor Standards Unit City of Philadelphia Department of Labor

6/8/2026

Dear Contractor, I am writing to inform you of new requirements established under Bill No. 250607, recently enacted by City Council and becoming effective July 1, 2026. These changes amend Section 17-101 of the Philadelphia Code relating to prequalification and ongoing compliance for contractors and subcontractors performing work on Covered Public Works Project Contracts.

Key provisions include the following:

• The ordinance establishes minimum workforce training standards for contractors and subcontractors on public works projects valued at $300,000 or more.

• Contractors must ensure that at least 70% of their total contracted on-site workforce has successfully completed, or is enrolled in, a Certified Apprenticeship Program, defined in the ordinance as either:

a. A program registered with the Apprenticeship and Training Council of the Commonwealth, as specified under the Commonwealth of Pennsylvania’s “Apprenticeship and Training Act” and evidenced by a Certificate of Registration or other appropriate document as meeting the apprenticeship standards of the Council; or

b. A registered apprenticeship program of another state that is approved by a state apprenticeship agency.

• Contractors are required to submit periodic documentation including workforce rosters, apprenticeship enrollment, and training completion records.

• The Department of Labor is authorized to compel contracted on-site workforce personnel to fully participate in interviews for the purpose of verifying compliance with this ordinance.

• Failure to meet these requirements may result in a contractor being deemed not responsible and disqualified from bidding or performing work on Covered Public Works Project Contracts.

If you have any questions or require clarification regarding these new requirements, please contact our office.

Thank you for your cooperation and commitment to compliance.

Sincerely, Andre Bragg Director of Labor Standards

NOTICE TO SELLERS

Contractors and their subcontractors are required to submit weekly certified payroll records to the Labor Standards Unit through an electronic system, LCP Tracker, or as directed by the Labor Standards Unit. Failure to pay

Prevailing Wage, as applicable, or to submit certified payroll records is a substantial breach of Contract and may be subject to fines and penalties as prescribed by Section 17-107 of The Philadelphia Code which may include withholding from any sums due to the Contractor under the Contract so much as may be necessary to pay the employees the difference between the wages required to be paid hereunder and the wages actually paid to such employees, and the City may make such payments directly to the appropriate employees.

Street Address 2

City State Zip Code

Doing Business As:

(if different from Legal Name)

Commonwealth of Pennsylvania

Public Works Employment Verification Form Complete and return the form to the contracting Public Body prior to the award of the contract.

Company Legal Name: ___________________________________________________________

Mailing Address: ______________________________________________________

Check one: Contractor Subcontractor

Contracting Public Body: _________________________________________________________

Contract/Project Number: ________________________________________________________

Project Description: _____________________________________________________________

Project Location: _______________________________________________________________

Date Enrolled in E-Verify (MM/DD/YYYY): ___________________________________________

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act (‘the Act’) through utilization of the federal E-Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal EVP upon each new hire shall be maintained in the event of an investigation or audit.

I,____________________________________________, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature Date of Signature

Printed Name: _________________________________________________________________

Phone Number: ______________________ Email: ____________________________________

Street Address 1

SAM

PLE

Act 141 VERIFICATION FORM ADDENDUM

NOTICE TO SELLERS

Pursuant to the Order, available on-line at http://www.phila.gov/ExecutiveOrders/Executive%20Orders/EO%207-14.pdf, Contractor agrees that Contractor and all of its Subcontractors, at any tier, shall report to the OIG knowledge of violations subject to investigation by the OIG pursuant to the Order; shall cooperate fully with representatives of the OIG by providing complete and accurate information as well as necessary assistance in matters under investigation; shall keep conversations and contact with the OIG confidential, except and to the extent the OIG may authorize disclosure;

and shall instruct their employees that under no circumstances shall any person take or threaten any action in an attempt to prevent anyone from providing information to a City official regarding conduct that may be investigated by the OIG, or from cooperating with the OIG, or retaliate against anyone for doing so or against anyone who is about to do so.

All entities and individuals affected by Mayor’s Executive Order 7-14 are advised to thoroughly read the Order, especially Section 3, Type of Matters Investigated by the OIG, Section 4, Entities Subject to…