Bid Manual Section 1 - Front End Specifications (Addendum 1).pdf

Division 0 – Special Sections Section 00020 – Advertisement & Invitation to Bid

FSWA

Public Water System Upgrades

SECTION 00020 – ADVERTISEMENT AND INVITATION TO BID

Sealed proposals will be received electronically via the PennBid program by the Fredericksburg Sewer & Water Authority for the Public Water System Upgrade Project until 2:00 p.m. prevailing time on Monday, October 5th. The bid results will be posted on PennBid shortly thereafter.

All bidding documents and specifications are available at no cost on PennBid:

https://pennbid.bonfirehub.com

Each proposal must be accompanied by a bank cashier's check or bid bond (in the required form) for ten percent (10%) of the bid total.

The work shall generally be comprised of five (5) contracts as follows:

Contract No. 1 – Pipeline Construction: The work of this contract generally consists of the construction of approximately 1,408 l.f. of 10-inch, 6,183 l.f. of 8-inch, 876 l.f. of 6-inch, and 110 l.f. of 4” PVC water mains, demolition or reconfiguration of water mains at multiple locations, disinfection of the pipelines, and other incidental work as indicated in the Contract Documents.

Contract No. 2 – General Construction: The work of this contract generally consists of the construction of a manganese filter building, rehabilitation of the existing office building and garage, physical installation of all process equipment, chemical feed equipment, sludge wasting equipment, water recycling equipment, backwash equipment, physical modification of Well 6, and other incidental work as indicated in the Contract Documents.

Contract No. 3 – Electrical Construction: The work of this contract generally consists of furnishing and installing electrical power supply and distribution equipment, standby electrical power generation equipment, electrical conduits and wiring for all process and other powered equipment provided under Contract No., electrical upgrade of Well 6, installation of well controls at new wells 7 & 8, electrical installation of a mixer in the West Water Tower, demolition of the electrical service to the existing mixers in both water towers, and other incidental work as indicated in the Contract Documents.

Contract No. 4 – Plumbing Construction: The work of this contract generally consists of furnishing and installing domestic cold and hot water piping and fixtures, point-of-use water heaters, waste and vent piping, process piping, chemical feed piping and support conduit piping, and other incidental work as indicated in the Contract Documents.

Contract No. 5 – HVAC Construction: The work of this contract generally consists of furnishing and installing heating and ventilation equipment in the proposed filter and refurbished office building, including air conditioning and heating unit, compressor, electric unit heaters, gas unit heaters, propane tank and piping, and other related incidental work as indicated in the Contract Documents.

Individual descriptions of the work for each contract and bid item are set forth in the bid documents.

Each contract has been posted separately on PennBid. Bidders may choose to submit a bid for one or more contracts.

A mandatory pre-bid conference will be held at 8:00 a.m. on Weddnesday, September 16, 2026, at the project site (2529 State Route 22, Fredericksburg, PA 17026).

https://pennbid.bonfirehub.com/

Division 0 – Special Sections Section 00020 – Advertisement & Invitation to Bid

Questions shall be submitted via the “Public Q&A” feature within PennBid.

Bidders are advised that this project is subject to the Davis-Bacon Act and applicable Davis-Bacon Related Acts. The successful bidder and all subcontractors shall pay laborers and mechanics employed on the project not less than the prevailing wage rates and fringe benefits contained in the applicable U.S. Department of Labor wage determination included in the Contract Documents.

Contractors shall comply with the labor standards requirements of 29 CFR Parts 1, 3, and 5, including weekly certified payroll requirements.

The Fredericksburg Sewer & Water Authority hereby reserves the right, which is understood and agreed to by all bidders, to reject any and all bids and to waive any omissions, errors, mistakes, defects, or irregularities in any bid at its sole discretion.

Fredericksburg Sewer & Water Authority 113 East Main Street Fredericksburg, PA 17026

Dale A. Bevans

Chairman

FEDERAL SUPER CROSS CUTTER REQUIREMENTS

Race, Color or National Origin Discrimination. Funding Recipient agrees not to discriminate on the basis of race, color or national origin in any activity funded by this Funding Offer in accordance with Title VI of the Civil Rights Act of 1964, July 2, 1964, P.L. 88-352, Title VI, 42 U.S.C. § 2000d.

Age Discrimination. Funding Recipient agrees not to discriminate on the basis of age in any activity funded by this Funding Offer in accordance with the Age Discrimination Act, November 28, 1975, P.L. 94-135, as amended, 42 U.S.C. § 6101 et seq.

Disability Discrimination. Funding Recipient agrees not to discriminate on the basis of disability in any activity funded by this Funding Offer in accordance with the Section 504 of the Rehabilitation Act of 1973, September 26, 1973, P.L. 93-112, Title V, § 504, 29 U.S.C. § 794.

Additional Disability Discrimination Requirement. Funding Recipient agrees not to discriminate on the basis of disability in any activity funded by this Funding Offer in accordance with the Americans With Disabilities Act of 1990, P.L. 101-336, 42 U.S.C. § 12101 et seq., and federal regulations set for at 28 C.F.R. Part 35.

Sex Discrimination. Funding Recipient agrees not to discriminate on the basis of sex in any activity funded by this Funding Offer in accordance with Section 13 of the Federal Water Pollution Control Act Amendments of 1972, October 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.

Environmental Justice. In accordance with Executive Order 12898, dated February 11, 1994, Funding Recipient agrees not to fund any action with this Funding Offer that will have disproportionately high and adverse human health or environmental affects on minority or low-income populations.

Equal Employment Opportunity. Funding Recipient agrees to provide an equal opportunity for employ-ment in all contracts and subcontracts funded by this Funding Offer in accordance with Executive Order 11246, dated September 24, 1965, as amended by Executive Order 11375, dated October 13, 1967, and as supplemented in Department of Labor Regulations set forth in 40 C.F.R. Part 60.

Federal Participation. Funding Recipient agrees to inform all parties that this project is being supported in part by federal funding when issuing statements, press releases, requests for proposals, bid solicitations, and other documents related to the project.

PENNVEST Funding Requirements

Contractors and subcontractors must comply with all the following:

• Compliance with 500-year floodplain.

• DBE’s only apply to Federal “Equivalency” funded projects http://www.dgs.internet.state.pa.us/suppliersearch

• Build America, Buy America (BABA) https://www.epa.gov/cwsrf/build-america-buy-america-baba

• Davis Bacon Wage Rates https://www.dep.pa.gov/Business/Water/CleanWater/InfrastructureFinance/Pages/Davis Bacon.aspx

• American Iron and Steel https://www.dep.pa.gov/Business/Water/CleanWater/InfrastructureFinance/Pages/Ameri canIron.aspx

• PENNVEST requires Or-Equal provisions in the bid documents. ALL PROJECTS

• http://www.dep.pa.gov/Business/Water/CleanWater/InfrastructureFinance/Pages/default.aspx

• Letter of No Prejudice (Do not construct prior to closing PENNVEST loan) https://www.pennvest.pa.gov/Services/Pages/Letters-of-No-Prejudice.aspx

• PA prevailing Wage is required for all public entities and any PRIVATE grant awards.

https://www.dlisecureweb.pa.gov/PrevWage/

• Steel Product Procurement Act 73 P.S. § 1881, et. Seq.)

Resources

PENNVEST website: https://www.pennvest.pa.gov/Pages/default.aspx

PENNVEST LOGIN: https://www.pvportal.state.pa.us/pvkeystonelogin/Security/Index

DEP website:

https://www.dep.pa.gov/Business/Water/CleanWater/InfrastructureFinance/Pages/default.aspx http://www.dgs.internet.state.pa.us/suppliersearch https://www.epa.gov/cwsrf/build-america-buy-america-baba https://www.epa.gov/cwsrf/build-america-buy-america-baba https://www.dep.pa.gov/Business/Water/CleanWater/InfrastructureFinance/Pages/DavisBacon.aspx https://www.dep.pa.gov/Business/Water/CleanWater/InfrastructureFinance/Pages/DavisBacon.aspx https://www.dep.pa.gov/Business/Water/CleanWater/InfrastructureFinance/Pages/AmericanIron.aspx https://www.dep.pa.gov/Business/Water/CleanWater/InfrastructureFinance/Pages/AmericanIron.aspx http://www.dep.pa.gov/Business/Water/CleanWater/InfrastructureFinance/Pages/default.aspx https://www.pennvest.pa.gov/Services/Pages/Letters-of-No-Prejudice.aspx https://www.dlisecureweb.pa.gov/PrevWage/ https://www.pennvest.pa.gov/Pages/default.aspx https://www.pvportal.state.pa.us/pvkeystonelogin/Security/Index https://www.dep.pa.gov/Business/Water/CleanWater/InfrastructureFinance/Pages/default.aspx

Bureau of Clean Water

Prime Contractor

DBE Solicitation Effort

Help Guide

The DBE solicitation process does not require you to hire a certain number of DBE firms and does not have goals. The purpose of the

DBE solicitation requirement is to give DBE firms an opportunity to compete for work on the project.

Prime Contractor DBE Solicitation Effort Help Guide / May 30, 2017 / Page 2

Included in these instructions are the steps to successfully perform your DBE solicitation for this project. Please read them carefully.

As a prime contractor, you are responsible for soliciting DBE (includes both MBE and WBE) firms for any procurements you will need to complete your part of the project.

DBE is a blanket term that covers both MBE and WBE firms.

For example, if you will be installing pipe with your own forces and you need to purchase pipe, you will need to solicit DBE pipe suppliers in the project area. Because you are installing the pipe yourself, you will not need to solicit subcontractors for this purpose.

All DBE solicitation must be documented.

Prime Contractor DBE Solicitation Effort Help Guide / May 30, 2017 / Page 3

Step 1: Will you need to purchase supplies, rent equipment or hire any subcontractors for this project?

If your answer is yes:

Complete the Contract Procurement Breakdown form (3800-FM-BPNPSM0116). See Step 2 for more information.

If your answer is no:

Submit a letter with your bid stating that all work will be self-performed and all equipment and supplies are in stock. You will not be procuring any items for this project. Please contact the Department for a sample letter.

And then you are finished! DBE solicitation is not required if you have no procurement opportunities to offer.

If you find the need to procure items further into the project, you will follow the rest of the steps in this help guide.

Prime Contractor DBE Solicitation Effort Help Guide / May 30, 2017 / Page 4

Step 2: Complete the Contract Procurement Breakdown Form

(3800-FM-BPNPSM0116). An electronic version can be found at

(www.dep.pa.gov) (Sample on p. 5)

What do you need for this project?

Construction Section – List any construction required for this contract and indicate whether it is to be self-performed or subcontracted. If it is to be subcontracted, indicate whether the estimated cost is greater or less than $750,000.

Equipment Section – List any equipment required for this contract and indicate whether it will be purchased, is already owned, or will be rented. If it is to be rented or purchased, indicate whether the estimated cost is greater or less than $750,000.

Services Section – List any service required for this contract and indicate whether it will be self-performed or subcontracted. If it is to be subcontracted, indicate whether the estimated cost is greater or less than $750,000.

Supplies Section – List all supplies required for this contract and indicate whether it will be purchased or is part of your in-house stock. If it is to be purchased, indicate whether the estimated cost is greater or less than $750,000.

Any items you already have in stock should not be solicited for.

Any work you are performing yourself should not be solicited for.

List one item per line to avoid confusion. Use more than one form if necessary (if more than one form is necessary, please fill out each form completely).

http://www.dep.pa.gov/

Prime Contractor DBE Solicitation Effort Help Guide / May 30, 2017 / Page 5

800-FM-BPNPSM0116 Rev. 11/2012 COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF POINT AND NON-POINT SOURCE MANAGEMENT

Contract Procurement Breakdown

PROJECT NAME: XYZ Borough CONTRACT NO.: 1

CONTRACTOR NAME: Any Construction Company Prepared by: John Smith

For each contract associated with the above project, the contractor must list all construction, equipment, services and supplies utilized under the individual contract, and provide the procurement method used to obtain each item. Attach additional sheets if necessary. Each item listed below as being subcontracted, rented, or purchased should be used as the criteria for the DGS Web site printouts and the development of the solicitation letter.

CONSTRUCTION List Work Trade or Task

Estimated Item Cost > $750,000 Self-perform Subcontract

For DEP Use Only

Some Examples:

Trucking, Paving, Excavation, Concrete Curb and Sidewalk, Installation of Pipe, Fence and Rebar, Painting, Roofing, etc.

Paving Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

EQUIPMENT List All Equipment Required Purchase Own Rent For DEP Use Only

Controls and Instrumentation, Pumps, Generators, Storage Tanks, Conveyors, Backhoe, Crane, etc.

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

SERVICES List All Services Required Self-perform Subcontract For DEP Use Only

Construction Inspection and Observation, Materials Testing, Engineering, Flagging, Construction Photography, etc.

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

SUPPLIES List All Supplies Required Purchase In-house Stock For DEP Use Only

Asphalt, Concrete, Stone, Pipe, Valves, Manholes, Rebar, Steel Doors, Trusses, Lumber, Silt Fence, Wire, Conduit, Water Meters, Rain Barrels, Dirt and Gravel, etc.

Manholes Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Prime Contractor DBE Solicitation Effort Help Guide / May 30, 2017 / Page 6

Step 3: Department of General Services (DGS) website

(https://www.dgs.internet.state.pa.us/SmallDiverseBusinessSearch/).

How do you find DBE firms to solicit?

The ONLY website required to be used is the DGS website. DGS maintains a database that lists DBE firms throughout the state. This site includes both MBE and WBE firms. Any other websites you use or any other DBE firms you solicit are in addition to this requirement and do not need to be included in your documentation.

How do you use the Department of General Services website?

Using your Contract Procurement Breakdown, you will create a websearch for each item marked as rent, purchase, or subcontract.

On p. 8 of this help guide, you will see a DGS Keyword Search Help Reference. If the item you are searching for is included in this list, you will use the code listed to search by.

If the item you are searching for is not included in this list, you will click on the “Code Look Up” button to locate a code to search by.

How do you use the Code Lookup Button?

Go to https://www.dgs.internet.state.pa.us/SmallDiverseBusinessSearch/.

Click on “Code Lookup Button”, which will bring you to the “Classification Code Criteria

Selection” screen.

Select the category (supplies=goods; subcontracts=service)

Enter a description – do not be too specific.

Click “Search” – do not click on “All Commodity Data to Excel” or “Search Results to Excel”

“Classification Code Look Up Results” – Click on the most applicable Commodity Code. This will take you back to the screen you started on.

What if no results are found?

Make sure that you are not being too specific in your description.

Try using another description.

If the results are none, print this page to show that there are no commodity codes on the DGS website to match your procurement item.

https://www.dgs.internet.state.pa.us/SmallDiverseBusinessSearch/ https://www.dgs.internet.state.pa.us/SmallDiverseBusinessSearch/

Prime Contractor DBE Solicitation Effort Help Guide / May 30, 2017 / Page 7

Now that you have your commodity code(s) …

Business Classification Code – You will either enter the code you found on p. 7 of this help guide or the code you selected using the “Code Lookup Button” will be automatically populated here.

Do you want a listing of the companies who are assigned the sub-codes that fall under this specific category? This answer is defaulted to yes – do not change it.

Vendor Name – Leave this blank.

County – Leave this as ALL. It will take less of your time and paper to print a statewide search.

Most searches do not take up more than one page.

Small Diverse Business – Leave this as ALL.

Items per page – It is recommended to leave this as 25. If you change it to a higher number, some of the information may be cut from the bottom of the page when printed or copied.

Click “Search” – Do not click on “All Vendor Data to Excel” or “Search Results to Excel”

No Vendor records were found for selection criteria!

If you see this message and have ensured that you did everything correctly, print this page and include it as part of your documentation. Unless there is another commodity code you can use to search with, you have not found any DBE firms for this item and do not have to solicit for it.

List of DBE firms …

You’ve clicked “search” and now have a list of DBE firms. You will print this list using the print option in your Internet browser. The date of the search will automatically populate on your printout. This automatically populated date is required to prove it is a current, valid search.

A websearch is considered current if it was printed within 90 days of the bid opening.

Make sure to print ALL pages of your search. Most searches are only one page long, but if it is not, you will print all pages.

How many DBE firms do I have to solicit?

There is not a set number of DBE firms you have to solicit. You will include all applicable DBE firms in your solicitation.

If the estimated cost of your procurement item or subcontract will be less than $750,000, your solicitation area consists of the project county and all of its surrounding counties.

If the estimated cost of your procurement item or subcontract will be more than $750,000, or if the item or subcontract is considered specialized, your solicitation area consists of the entire state.

Please remember the estimated cost is based on each procurement item or subcontract, not the total amount of the contract.

You should print a DGS websearch for each item marked as rent, purchase, or subcontract on your Contract Procurement Breakdown form.

Prime Contractor DBE Solicitation Effort Help Guide / May 30, 2017 / Page 8

DGS Keyword Search Help Reference

We have listed below common DGS codes to help you in your use of the DGS website. Using these will give you a more accurate search of firms applicable to the project. If you have any questions regarding the suggested codes or need assistance with your searches, please do not hesitate to contact the

Department at (717) 705-4090. It is important to develop accurate searches to help ensure a good faith effort.

Common Search Terms used by Grant/Loan Recipients (County should be ALL and Small Diverse Business should be ALL for all searches)

Legal Services: 94131603 (Legal Assistance Services)

Engineering Services: 81101500 (Civil Engineering)

Drinking Water/Sewer Prime Contractors: 83101500 (Water & Sewer Utilities)

72131700 (Infrastructure Construction)

Prime Contractors for Pipe Installation: 78102100 (Pipeline Services)

Electrical Prime Contractors: 72102200 (Electrical Services)

Plumbing Prime Contractors: 72102300 (Plumbing & Heating & Air Conditioning)

Common Search Terms used by Prime Contractors for Supplies/Subcontracts

(County should be ALL and MBE/WBE should be ALL for all searches)

If searching for supplies:

ready-mix concrete 30111505 (ready-mix concrete) pipe 40142100 (pipe) 40142300 (pipe fittings) paint 31211500 (paints and primers) stone 11111600 (stone) electrical supplies 25173900 (electrical components) 26121500 (electrical wire) landscaping supplies 30120000 (roads & landscape) 21100000 (agricultural & forestry & landscape) manholes 30121605 (manhole frames with covers) pumps 40151500 (pumps)

If searching for subcontractors:

concrete 72101700 (concrete work) 73121805 (concrete or aggregates or stone products) pipe 78102100 (pipeline services) paving 72131701 (highway or road paving or surfacing) excavation 71122307 (subsea dredging, trenching & excavation) 72103000 (site preparation) landscaping 72102902 (landscape services) boring 73181007 (boring services) electrical 72102200 (electrical services) plumbing/hvac 72102300 (plumbing & heating & air conditioning)

If searching for the following:

trucking 78101801 (local area trucking service) 78101802 (regional or national trucking services) video/photography 82131601 (Aerial photography services) equipment rental 47101500 (water treatment & supply equipment) surveying 81151604 (land surveying) flagging 46161500 (traffic control) water meters 41112504 (water meters) inspection 81141807 (plumbing or sewer inspection services) rain barrels 24112102 (barrels)

Prime Contractor DBE Solicitation Effort Help Guide / May 30, 2017 / Page 9

Step 4: Create your Solicitation Letter (sample on p. 10)

How do I solicit the DBE firms found on the DGS website?

IN A WAY THAT WILL PRODUCE A CONFIRMATION RECEIPT (by fax or email) – Telephone calls or in person contact are not considered part of a good faith effort. When using U.S. mail, certified mail receipts should be sent and kept.

Your solicitation letter should specifically describe the goods or services that are being solicited;

demonstrate a real desire for a positive response; and be sent in a timely manner to allow a sufficient time (7-10 days) to develop quotes, with the due date clearly stated.

Use your Contract Procurement Breakdown form to create your solicitation letter.

For example, if you have on your Contract Procurement Breakdown form that you will be purchasing pipe, then pipe should be listed on your solicitation letter.

Do I need to personalize the letters/faxes/emails?

NO, you do not need to personalize the letters. It will save you time and resources to follow the example on p. 10 of this help guide.

Documentation will be kept.

If faxing, you should keep the fax transmittal logs. As long as you do not personalize the letters, a broadcast fax can be sent. If emailing, delivery receipts should be requested because read receipts will not always be sent back. If you are not sure what a delivery receipt is, faxing is probably your best option. If your fax machine is not set up to generate a fax transmittal log, you should set it up to do so.

If the fax number or email address does not work, you should call the DBE firm to obtain the correct fax number or email address to perform your solicitation. If sending certified mail, receipts should be kept.

Follow up solicitation.

You should send a second solicitation letter to any DBE firm who did not respond to the initial solicitation. The follow up solicitation can use the original solicitation letter with “SECOND NOTICE” typed across the top. The documentation rules above apply to the follow up solicitation as well.

The follow up solicitation letter should be sent out 4-5 days after the initial solicitation to give DBE firms enough time to respond to the initial solicitation.

Any correspondence received from DBE firms should be kept, including quotes.

Prime Contractor DBE Solicitation Effort Help Guide / May 30, 2017 / Page 10

Any Construction Company

111 Main Street, Anytown, PA 11111

(444) 444-4444

FAX: (333) 333-3333

January 10, 20XX

DBE Firms

To Whom It May Concern:

Our company is preparing to bid on Contract No. 1 of the XYZ Borough project. This contract involves _____________________________________________________.

This project is being funded or may be funded in part by a federal program. Solicitation of

Disadvantaged Business Enterprise (DBE) firms is a requirement of this project. Accordingly, our company is soliciting quotations for the following:

Subcontracts: Equipment and Supplies paving manholes

Our goal is to receive a positive response from your firm regarding any or all of the above items.

Please check the boxes below to indicate if your firm is interested in submitting a quote or not, and fax this page to our office at the above fax number.

DBE Firm Name________________________

We are interested in providing a quote for _______.

We are not interested in providing a quote for these items.

Plans and specifications are available for inspection at our office located at the above address.

They are also available for inspection and purchase at $________ per set at the consulting engineer’s office, ABE Engineering Corporation, 333 North Street, Penntown, PA 11113, (777) 777-7777.

Subcontractors on this project will be required to comply with all applicable regulations, including Presidential Executive Order Number 11246 regarding “Non-discrimination in Employment”, and other applicable Federal regulations. These requirements are explained in the project specifications.

Quotes for the project are due no later than January 20, 20XX, so your prompt attention is necessary. Please contact Harry Abraham of our staff with any questions regarding this project. If you are not interested, we ask that you still fax this letter back to us indicating so by checking the appropriate box. Thank you for your time.

Sincerely, John Smith

President

Prime Contractor DBE Solicitation Effort Help Guide / May 30, 2017 / Page 11

Step 5: Prime Contractor DBE Compliance Statement

(3800-FM-BPNPSM0119). An electronic version can be found on our website

(www.dep.pa.gov) (sample on p. 12)

ALMOST DONE!

Once Steps 1-4 have been completed and all of your documentation gathered, the owner of the company should complete the Prime Contractor DBE Compliance Statement.

All of the applicable boxes will need to be checked off.

When do I submit my DBE documentation package?

This depends on the project. The grant/loan recipient will either ask for it to be submitted with your bid or after they have determined the low bidder(s) for the project.

Who will review my DBE documentation package?

The initial review of your DBE documentation will be performed by the grant/loan recipient.

If the grant/loan recipient sees any inconsistencies, they will ask you to fix them. If the grant/loan recipient does not find any inconsistencies, part of your DBE documentation will be submitted to the

Department for review.

The only pages that the Department initially receives are:

● Prime Contractor DBE Compliance Statement

● Contract Procurement Breakdown

● Initial and follow up solicitation letter

The Department will do a compliance review and will not initially review the DGS websearches or the fax/email documentation. It is important that the items listed on the Contract Procurement Breakdown form match your solicitation letter.

If the project is selected for a full audit, the Department may ask the grant/loan recipient to submit all

DBE solicitation documentation, including the identified low bidders’ documentation, for review.

http://www.dep.pa.gov/

Prime Contractor DBE Solicitation Effort Help Guide / May 30, 2017 / Page 12

3800-FM-BPNPSM0119 Rev. 3/2013 COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF POINT AND NON-POINT SOURCE MANAGEMENT

PRIME CONTRACTOR DISADVANTAGED BUSINESS ENTERPRISE (DBE)

COMPLIANCE STATEMENT

CONTRACTOR NAME: Any Construction Company

GRANT/LOAN RECIPIENT NAME: XYZ Borough

CONTRACT NUMBER: 1

Date of Initial Solicitation 01/10/20XX Date of Follow-up Solicitation 01/15/20XX

Date of Search 01/10/20XX Counties Searched Erie, Crawford, and Warren

Solicited by email fax

Please submit the following items, along with this form, to the Grant/Loan recipient.

Grant/Loan recipient has been provided copies of all documentation that supports the direct search for and solicitation of potential participation of DBE firms in the competitive process to be retained on file for review. This includes the documentation related to web searches, contact correspondence, and contact logs.

Copies of any quotes received from DBE firms in response to solicitation efforts are attached.

Contract Procurement Breakdown Form

As the owner for the above named company, I certify that the six good faith efforts have been performed in conformance with DBE regulations 40 CFR 33.301. All efforts have been properly documented as outlined in the DBE Guidance Document. All documentation has been supplied to the above named grant/loan recipient to be retained in accordance with applicable record retention requirements under the financial assistance agreement for the above named project. I understand that such documentation is subject to an audit review by the US Environmental Protection Agency or the Pennsylvania Department of Environmental Protection, Division of Technical and Financial Assistance to further ensure compliance. I understand that by signing this statement that the DBE regulations 40 CFR 33.105 include compliance and enforcement provisions to which the grant/loan recipient and sub-recipients are subject. I understand by signing this statement that the DBE regulations 40 CFR 33.302 include additional contract administrative requirements that I must comply with.

02/01/20XX

Signature of Owner Date

John Smith Printed Name of Owner

MAIL TO: Grant/Loan recipient

Prime Contractor DBE Solicitation Effort Help Guide/ June 17, 2014 / Page 13

Step 6: Checklist of what to Submit to the Grant/Loan Recipient for Review

You should submit ALL of the following to the grant/loan recipient to prove your compliance with the DBE solicitation requirement.

Prime Contractor DBE Compliance Statement – One of these forms for each contract should be submitted with an original signature.

Prime Contractors’ Contract Procurement Breakdown Form – Ensure that all items listed as subcontract, rent, or purchase match the items listed on the solicitation letter.

Copies of all DGS Websearches – There should be one websearch for each item listed as subcontract, rent, or purchase on the Contract Procurement Breakdown form. The websearches should be done by item, not by searching for all DBE firms in the county.

Copies of the Initial and Follow-Up Solicitation Letters – It is recommended to follow the example on p. 10.

Fax Transmittal Logs, Email Delivery/Read Receipts, and/or Certified Mail

Receipts – Proof of an initial and follow up solicitation should be submitted for each applicable DBE firm found on the DGS websearches in the project area.

Correspondence Received, Including Quotes, from Solicited DBE Firms – If applicable, any correspondence, including quotes, should be submitted.

Division 0 – Special Sections Section 00200 – Instructions to Bidders

SECTION 00200 – INSTRUCTIONS TO BIDDERS

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered (Steckbeck Engineering & Surveying, Inc., 279 North Zinns Mill Road, Suite A, Lebanon, PA 17042).

B. Effective Date of the Agreement – The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

C. Notice of Award – The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement.

D. Work – The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

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

https://pennbid.bonfirehub.com/

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

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

2.04 All Bidders must obtain Bidding Documents from the Issuing Office.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit the following information with the Bid:

A. Affidavit RE Accepting Provisions of the Workmen’s Compensation Act

B. Anti-Collusion Affidavit https://pennbid.bonfirehub.com/

C. Bidder’s Qualification Statement

D. Certified Check or Bid Bond in the amount of ten percent (10%) of the maximum amount of the bid

E. Act 127 Verification Form

3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

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

SITE

4.01 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.02 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents;

B. visit the Site if deemed necessary by bidder to submit an accurate bid and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

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

D. carefully study all: (1) reports of explorations and tests of subsurface conditions, if any, at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified.

E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work;

(2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

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

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

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.03 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 A mandatory pre-bid conference will be held on Wednesday, September 16, 2026 at 8:00 a.m. at the construction site.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. If needed, easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing via the “Public Q&A” feature in PennBid. Interpretations or clarifications considered necessary by Engineer in response to such questions will be provided publicly on PennBid. Only questions answered in this manner will be binding.

Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8 – BID SECURITY

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

8.02 The Bid security of the Successful Bidder will be retained until such time when Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned.

If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven (7) days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven (7) days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

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

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement, unless specifically stated otherwise in the individual Project Manual Specification Section, which may provide for advance review and approval by the Engineer.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 If the Contract conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five (5) days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included within the Bidding Documents and the Bid Table on PennBid.

13.02 A Bid shall show the Bidder’s name and official address.

13.03 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be indicated within the PennBid program.

13.04 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price.

ARTICLE 15 – SUBMITTAL OF BID

15.01 Bids shall be submitted electronically via the PennBid Program, which shall include completion of the electronic bid forms, and uploading of all required supporting documents. With each copy of the Bidding Documents, a Bidder is furnished digital copies of the Bid Form and the Bid Bond Form. The Bid Form and Bid bond are to be completed and uploaded to the PennBid Program. Also upload the following documents:

A. Affidavit RE Accepting Provisions of the Workmen’s Compensation Act.

B. Non-Collusion Affidavit

C. Bidder’s Qualification Statement

D. Certified Check or Bid Bond in the amount of ten percent (10%) of the maximum amount of the Bid.

E. ACT 127 Verification Form

15.02 A Bid shall be submitted no later than the date and time prescribed in the advertisement or invitation to bid. Bids submitted by any other means will not be accepted.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn within the PennBid program at any time prior to the due date and time listed in the invitation to bid.

16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened shortly after the time indicated as close date on the PennBid program and shown as a public notice.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

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

19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

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

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

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

ARTICLE 20 – CONTRACT SECURITY AND INSURANCE

20.01 When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by performance and payment bonds and insurance.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

ARTICLE 22 – SALES AND USE TAXES

22.01 Contractor shall be solely responsible for determining whether Contractor is responsible for paying State sales tax on his purchases. Owner will provide such information as Owner has in his possession for the completion of any required forms. Neither Owner nor Engineer profess any knowledge or expertise relative to the applicability of State sales tax on purchases associated with this contract.

ARTICLE 23 – PREVAILING WAGES

23.01 The project is subject to compliance with the Pennsylvania Prevailing Wage Act. If that Act or any portion thereof is finally determined by a court to be invalid and unenforceable, any savings realized by the Contractor as a result of such invalidation accrue to the benefit of the Owner. The prospective Bidder agrees, by submitting this Bid, to make payroll records available for audit by the Owner. In the event that the bidder fails to afford the Owner the benefit of any savings realized under this paragraph the Owner will have the right to withhold payments from this or any other contract in an amount equal to the savings realized plus interest. A schedule of wage rates is enclosed.

ARTICLE 24 – RETAINAGE

24.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

END OF INSTRUCTIONS TO BIDDERS

Non-Collusion Affidavit 00440-1

NON-COLLUSION AFFIDAVIT

STATE OF

COUNTY OF CONTRACT NO. _______________________

I state that I am of

[Title] [Name of Firm] and that I am authorized…