2024-03-01_Scranton_GLG_Traffic_Signals_Front_End_&_Specs.pdf

Table of Contents

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TABLE OF CONTENTS

TECHNICAL SPECIFICATIONS

Section Number

Title

Page Number

INTRODUCTORY INFORMATION

00010 Table of Contents 00010-1 to 00010-1

00015 List of Drawings 00015-1 to 00015-1

BIDDING REQUIREMENTS

00200 Instructions to Bidders 00200-1 to 00200-9

00410 Bid Form 00410-1 to 00410-6

00430 Bid Bond (Penal Sum Form) 00430-1 to 00430-2

CONTRACT DOCUMENTS

00510 Intent to Award Letter 00510-1 to 00510-1

00520 Form of Agreement 00520-1 to 00520-7

00550 Notice to Proceed 00550-1 to 00550-1

00610 Performance Bond 00610-1 to 00610-3

00615 Payment Bond 00615-1 to 00615-3

00620 Contractor’s Application for Payment 00620-1 to 00620-4

00625 Certificate of Substantial Completion 00625-1 to 00625-1

00650 Consent of Surety to Final Payment Form 00650-1 to 00650-1

00700 Standard General Conditions of the Construction

Contract

00700-1 to 00700-65

00800 Supplementary Conditions 00800-1 to 00800-16

00820 Additional State, Federal or Funding Agency

Requirements

00820-1 to 00820-5

00830 Permits 00830-1 to 00830-10

00840 Wage Rate Requirements 00840-1 to 00840-8

00940 Work Change Directive 00940-1 to 00940-1

00941 Change Order 00941-1 to 00941-1

00942 Field Order 00942-1 to 00942-1

Special Instructions to Bidders 1-4

4956-0801 Optical Preemption System 4956-0801-1 to 4956-0801-1

9000-0001 Installation of Cobra Luminaire, Arm Mount with 9000-0001-1 to 9000-0001-1

Applicable Sections from PennDOT Publication 408.

List of Drawings

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LIST OF DRAWINGS

TRAFFIC SIGNAL REPLACEMENT

SR 0011 (CEDAR AVE) & MAPLE ST., SR 0011 (CEDAR AVE) & ELM ST. AND SR

6011 (GREENRIDGE ST.) & SR 3025 (WYOMING AVE.),

CITY OF SCRANTON

LACKAWANNA COUNTY, PA

Drawing No. DESCRIPTION

1 TITLE SHEET

2 INDEX MAP AND SHEET INDEX

3 GENERAL NOTES & UTILITIES

4-13 PLAN SHEETS

Instructions to Bidders Page 00200-i

INSTRUCTIONS TO BIDDERS

Page

ARTICLE 1 – Defined Terms

ARTICLE 2 – Copies of Bidding Documents

ARTICLE 3 – Qualifications of Bidders

ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

ARTICLE 5 – Bidder’s Representations

ARTICLE 6 – Pre-Bid Conference

ARTICLE 7 – Interpretations and Addenda

ARTICLE 8 – Bid Security

ARTICLE 9 – Contract Times

ARTICLE 10 – Liquidated Damages

ARTICLE 11 – Substitute and “Or-Equal” Items

ARTICLE 12 – Subcontractors, Suppliers, and Others

ARTICLE 13 – Preparation of Bid

ARTICLE 14 – Basis of Bid

ARTICLE 15 – Submittal of Bid

ARTICLE 16 – Modification and Withdrawal of Bid

ARTICLE 17 – Opening of Bids

ARTICLE 18 – Bids to Remain Subject to Acceptance

ARTICLE 19 – Evaluation of Bids and Award of Contract

ARTICLE 20 – Bonds and Insurance

ARTICLE 21 – Signing of Agreement

ARTICLE 22 – Wage Rate Requirements

ARTICLE 23 – Disadvantage Business Enterpirse (DBE) Solicitation Requirements

ARTICLE 24 – Other State, Federal & Funding Agency Requirements

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This document was generated from the EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. The original form of this document has been modified herein for this specific project.

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.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the invitation or advertisement to bid.

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.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall complete and submit with its Bid the Bidder Qualification Statement included with the Bidding Documents. In addition, within the times indicated in the General Conditions, as may be modified by the Supplementary Conditions, Bidder shall submit a listing of proposed Subcontractors to be utilized on the project along with similar qualifications and responsibility information on all Subcontractors.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

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

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

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4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. Bidder is responsible for all reproduction costs associated with requested reports and drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is responsible to obtain such additional or supplementary examinations, investigations, test borings, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the Site or otherwise, which may affect (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

Page 00200-3 of 00200-9 safety precautions and programs or which the Bidder deems necessary to assume all risks in excavating for the Project and determine its bid for the Work.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. 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.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

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

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all 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 at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures, if any, at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

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E. consider the information known to Bidder itself; 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, if any, 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; and (3) Bidder’s safety precautions and programs;

F. obtain such additional or supplementary examinations, investigations, test borings, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the Site or otherwise, which may affect (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 or which Bidder deems necessary to assume all risks in excavating for the Project and determine its bid for the Work;

G. agree, based on the information and observations referred to in the preceding paragraphs, that at the time of submitting its Bid 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 bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

H. 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;

I. 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;

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

and

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

ARTICLE 6 – PRE-BID CONFERENCE

6.01 Pre-Bid conference requirements and details are stated in the invitation or advertisement to bid.

If a conference is planned and listed as mandatory in the invitation or advertisement to bid, Bids will not be accepted from any Bidder that did not attend the mandatory conference.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 Refer to ITB #2024-ITB-XXX Section 2. General Information.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

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ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 10 percent of Bidder’s total of all Bid prices for each bid (not including bid alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 10 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.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven 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 completed and ready for final payment, are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

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ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection.

12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the various portions of the Work. If requested by Owner, 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, or other individual or entity. 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 an acceptable substitute, without an increase in Bid price. No contract can be awarded to any contractor that is debarred by either the state or federal agency.

12.04 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, or other 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 subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the corporate secretary or an assistant corporate secretary. The corporate address and state of incorporation shall be shown.

13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign.

The partnership’s address for receiving notices shall be shown.

13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm’s address for receiving notices shall be shown.

13.05 A Bid by an individual shall show the Bidder’s name and address for receiving notices.

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13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture’s address for receiving notices shall be shown.

13.07 All names shall be printed in ink below the signatures.

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

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

ARTICLE 14 – BASIS OF BID

14.01 Unit Price

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

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form.

15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the invitation or advertisement to bid and shall be enclosed in a plainly marked package with the Project title, the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed as described in the invitation or advertisement to bid.

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted at least sixty minutes prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

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16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

16.03 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 at the time and place indicated in the invitation or advertisement to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 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 will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

19.03 Evaluation of Bids

A. 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.

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

C. In the comparison of Bids, alternates will be applied in an order of priority as established solely by Owner. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and the combination of its additive alternate Bids as established by Owner.

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

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19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation. Bonds issuers must be listed in OMB Circular 570 and be licensed in the Commonwealth of PA.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 10 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22 – WAGE RATE REQUIREMENTS

22.01 Refer to Section 00840 for any wage rate requirements applicable to this contract.

ARTICLE 23 – DISADVANTAGE BUSINESS ENTERPIRSE (DBE) SOLICITATION REQUIREMENTS

23.01 Refer to Section 00825 for any Disadvantaged Business Enterprise (DBE) solicitation requirements. If Section 00825 is not included in the Project Manual there are no additional requirements.

ARTICLE 24 – OTHER STATE, FEDERAL & FUNDING AGENCY REQUIREMENTS

24.01 Refer to Section 00820 for any other State, Federal or Funding Agency requirements.

Bid Form Page 00410-i

BID FORM

PROJECT

TRAFFIC SIGNAL REPLACEMENT

LOCATION

SR 0011 (CEDAR AVE) & MAPLE ST., SR 0011 (CEDAR AVE) & ELM ST. AND SR 6011

(GREENRIDGE ST.) & SR 3025 (WYOMING AVE.) CITY OF SCRANTON

LACKAWANNA COUNTY, PA

OWNER

CITY OF SCRANTON

340 NORTH WASHINGTON AVENUE, SCRANTON, PA 18503

BIDDER

NAME: _________________________________________

Page 00410-ii

Page

ARTICLE 1 – Bid Recipient

ARTICLE 2 – Bidder’s Acknowledgements

ARTICLE 3 – Bidder’s Representations

ARTICLE 4 – Bidder’s Certification

ARTICLE 5 – Basis of Bid

ARTICLE 6 – Time of Completion

ARTICLE 7 – Attachments to this Bid

ARTICLE 8 – Defined Terms

ARTICLE 9 – Bid Submittal

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ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

CITY OF SCRANTON

340 NORTH WASHINGTON AVENUE

SCRANTON, PA 18503

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum, Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

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

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures, if any, at the Site that have been identified in the Supplementary

Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations

Page 00410-2 of 00410-6 obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings, if any, 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; and (3) Bidder’s safety precautions and programs.

F. Bidder has obtained such additional or supplementary examinations, investigations, test borings, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the Site or otherwise, which may affect (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 or which Bidder deems necessary to assume all risks in excavating for the Project and determine its bid for the Work.

G. Bidder agrees, based on the information and observations referred to in the preceding paragraphs, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the

Bidding Documents.

H. Bidder is aware of the general nature of work to be performed by Owner and others at the

Site that relates to the Work as indicated in the Bidding Documents.

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

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

K. The submission of this Bid constitutes an incontrovertible representation by Bidder that

Bidder has complied with every requirement of this Article, and that without exception the

Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

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

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

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

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

Page 00410-3 of 00410-6

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

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

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

ARTICLE 5 – BASIS OF BID

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

Bid Unit Price(s) as listed on the following pages beginning with 00410-4.1:

Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

0203-0003 CLASS 1A EXCAVATION CY 14

0608-0001 MOBILIZATION LS 2

0676-0002 CEMENT CONCRETE SIDEWALK SY 21

0901-0001

MAINTENANCE AND PROTECTION OF TRAFFIC DURING

CONSTRUCTION

LS 2

0910-0005 JUNCTION BOXES J.B.-12 EACH 1

0910-4116 AWG 8 UNDERGROUND CABLE, COPPER, 1 CONDUCTOR LF 705

0931-0001 POST MOUNTED SIGNS, TYPE B SF 13

0935-0001 POST MOUNTED SIGNS, TYPE F SF 1.5

0936-0010

STRUCTURE MOUNTED FLAT SHEET ALUMINUM SIGNS WITH

STIFFENERS

SF 82

0951-0125 TRAFFIC SIGNAL SUPPORT, 25' MAST ARM EACH 4

0951-0130 TRAFFIC SIGNAL SUPPORT, 30' MAST ARM EACH 1

0951-2125

TRAFFIC SIGNAL SUPPORT, 25' MAST ARM WITH LUMINAIRE

ARM (30' MOUNTING HEIGHT)

EACH 3

0951-4022 PEDESTRIAN STUB POLE, TYPE B EACH 9

0951-4025 PEDESTRIAN STUB POLE, TYPE E EACH 1

0952-1040

NEMA TS-2; TYPE 2 CONTROLLER ASSEMBLY, TYPE 1

MOUNTING

EACH 2

0953-0401 RADIO COMMUNICATIONS SYSTEM LS 2

0954-0012 2 INCH CONDUIT LF 263

0954-0013 3 INCH CONDUIT LF 588

0954-0152 TRENCH AND BACKFILL, TYPE II LF 36

0954-0201 SIGNAL CABLE, 14 AWG, 3 CONDUCTOR LF 1828

0954-0202 SIGNAL CABLE, 14 AWG, 5 CONDUCTOR LF 1862

0954-0203 SIGNAL CABLE, 14 AWG, 7 CONDUCTOR LF 1451

0954-0302 JUNCTION BOX, JB-27 EACH 7

0954-0403 ELECTRICAL SERVICE, TYPE C EACH 2

0954-0500 DIRECTIONAL BORING LF 491

0955-3208 VEHICULAR SIGNAL HEAD, THREE 12" SECTIONS EACH 18

0955-3722 LED COUNTDOWN PEDESTRIAN SIGNAL HEAD, TYPE A EACH 16

0956-0700 VIDEO DETECTOR EACH 8

0956-0790 ACCESSIBLE PEDESTRIAN SIGNALS EACH 16

0956-0801 OPTICAL PREEMPTION SYSTEM EACH 2

0960-0001 4" WHITE HOT THERMOPLASTIC PAVEMENT MARKINGS LF 865

0960-0002 4" YELLOW HOT THERMOPLASTIC PAVEMENT MARKINGS LF 1200

0960-0021 24" WHITE HOT THERMOPLASTIC PAVEMENT MARKINGS LF 646

0963-0001 PAVEMENT MARKING REMOVAL SF 416

9000-0001 INSTALLATION OF COBRA LED LUMINAIRE, ARM MOUNT EACH 3

SUB-TOTAL SR 0011 (CEDAR AVE) & MAPLE ST., SR 0011

(CEDAR AVE) & ELM ST.

UNIT COST ITEM COST

PROJECT : GREEN LIGHT-GO: SR 0011 (CEDAR AVE) & MAPLE ST., SR 0011 (CEDAR AVE) & ELM ST.

ITEM DESCRIPTION UNIT

TOTAL

QUANTITY

Page 00410-4.1 of 00410-6

UNIT COST ITEM COSTITEM DESCRIPTION UNIT

TOTAL

QUANTITY

0203-0003 CLASS 1A EXCAVATION CY 13

0608-0001 MOBILIZATION LS 1

0676-0002 CEMENT CONCRETE SIDEWALK SY 19

0901-0001

MAINTENANCE AND PROTECTION OF TRAFFIC DURING

CONSTRUCTION

LS 1

0910-4116 AWG 8 UNDERGROUND CABLE, COPPER, 1 CONDUCTOR LF 278

0931-0001 POST MOUNTED SIGNS, TYPE B SF 39

0935-0001 POST MOUNTED SIGNS, TYPE F SF 8

0936-0010

STRUCTURE MOUNTED FLAT SHEET ALUMINUM SIGNS WITH

STIFFENERS

SF 64

0951-0125 TRAFFIC SIGNAL SUPPORT, 25' MAST ARM EACH 1

0951-0130 TRAFFIC SIGNAL SUPPORT, 30' MAST ARM EACH 2

0951-2130

TRAFFIC SIGNAL SUPPORT, 30' MAST ARM WITH LUMINAIRE

ARM (30' MOUNTING HEIGHT)

EACH 1

0951-4022 PEDESTRIAN STUB POLE, TYPE B EACH 5

0952-1040

NEMA TS-2; TYPE 2 CONTROLLER ASSEMBLY, TYPE 1

MOUNTING

EACH 1

0953-0401 RADIO COMMUNICATIONS SYSTEM LS 1

0954-0012 2 INCH CONDUIT LF 134

0954-0013 3 INCH CONDUIT LF 351

0954-0151 TRENCH AND BACKFILL, TYPE I LF 57

0954-0152 TRENCH AND BACKFILL, TYPE II LF 31

0954-0201 SIGNAL CABLE, 14 AWG, 3 CONDUCTOR LF 1046

0954-0202 SIGNAL CABLE, 14 AWG, 5 CONDUCTOR LF 1050

0954-0203 SIGNAL CABLE, 14 AWG, 7 CONDUCTOR LF 669

0954-0302 JUNCTION BOX, JB-27 EACH 4

0954-0403 ELECTRICAL SERVICE, TYPE C EACH 1

0954-0500 DIRECTIONAL BORING LF 202

0955-3208 VEHICULAR SIGNAL HEAD, THREE 12" SECTIONS EACH 8

0955-3722 LED COUNTDOWN PEDESTRIAN SIGNAL HEAD, TYPE A EACH 8

0956-0500 PEDESTRIAN PUSH BUTTON EACH 8

0956-0700 VIDEO DETECTOR EACH 4

4956-0801 OPTICAL PREEMPTION SYSTEM EACH 1

0960-0002 4" YELLOW HOT THERMOPLASTIC PAVEMENT MARKINGS LF 960

0960-0005 6" WHITE HOT THERMOPLASTIC PAVEMENT MARKINGS LF 175

0960-0021 24" WHITE HOT THERMOPLASTIC PAVEMENT MARKINGS LF 297

0960-0224

WHITE HOT THERMOPLASTIC LEGEND, "LEFT ARROW", 12' - 0"

X 3' - 0"

EACH 4

0963-0001 PAVEMENT MARKING REMOVAL SF 261

9000-0001 INSTALLATION OF COBRA LED LUMINAIRE, ARM MOUNT EACH 1

SUB-TOTAL SR 6011 (GREENRIDGE ST.) & SR 3025 (WYOMING

AVE.)

SUB-TOTAL SR 0011 (CEDAR AVE) & MAPLE ST., SR 0011

(CEDAR AVE) & ELM ST. (FROM SHEET 00410-4.1)

TOTAL AMOUNT OF BID FOR SR 0011 (CEDAR AVE) & MAPLE

ST., SR 0011 (CEDAR AVE) & ELM ST. AND SR 6011

(GREENRIDGE ST.) & SR 3025 (WYOMING AVE.)

PROJECT : GREEN LIGHT-GO: SR 6011 (GREENRIDGE ST.) & SR 3025 (WYOMING AVE.)

Page 00410-4.2 of 00410-6

Page 00410-5 of 00410-6

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

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

Refer to City of Scranton Invitation To Bid

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

Page 00410-6 of 00410-6

ARTICLE 9 – BID SUBMITTAL

BIDDER:

By:

[Signature]

[Printed name]

(If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

[Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

Page 00430-1 of 00430-2

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name— Include Location):

BOND

Bond Number:

Date:

Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint venturers, if necessary.

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

Page 00430-2 of 00430-2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

Date:

VIA EMAIL ONLY

Bidder:

Bidder Address:

Re: Notice of Intent to Award Project: ______________________________________________________________

Dear Bidder:

Thank you for submitting your bid on ______________ for the above-mentioned project.

I want to personally congratulate you on being the apparent successful bidder for this project in the amount of _________________________________________________________________.

We will prepare the required contract between ______________________________and the City of Scranton in order for you to begin work on the _______________________________ _______________________________ project. Do not begin work until all parties properly sign all contracts.

We will contact you in order for you to sign the contract for this project to begin in a timely manner. Please be sure to provide a full list of all sub-contractors, if any, that will be working on this project, as well as your Performance and Payment Bonds, Certificate of Insurance, and any other Contract documents.

If you have any questions concerning this project, please do not hesitate to contact us.

Sincerely, Eileen Cipriani Business Administrator City of Scranton

Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)

Page 00520-1 of 00520-7

FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

THIS AGREEMENT is by and between City of Scranton (“Owner”) and

(“Contractor”).

Owner and Contractor hereby agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The base scope of work for this project includes the replacement of Traffic Signals at (3) locations in the City of Scranton: SR 0011 (CEDAR AVE) & MAPLE ST., SR 0011…