cedar_ave_specs_(1)_updated.pdf

Table of Contents

SECTION 000110 – TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT & CONTRACTING REQUIREMENTS

BIDDING INSTRUCTIONS

002113.41 Instruction to Bidders

BIDDING DOCUMENTS

004113 Bid Form (Unit Price – Single-Prime Contract)

004313.41 Bid Bond (EJCDC C-430)

004325 Substitution Request Form

004515 Consent of Surety

CONTRACTING REQUIREMENTS

005100 Notice of Award

005213.41 Form of Agreement

006113.41 Performance Bond (EJCDC C-610)

006113.43 Payment Bond (EJCDC C-615)

006119 Maintenance Bond

006200 Contractor’s Application for Payment

006250 Certificate of Substantial Completion

006346.41 Work Change Directive

006363.41 Change Order

007200.41 General Conditions (EJCDC C-700)

007300.41 Supplementary Condition (EJCDC C-800)

007343.13 Davis Bacon Wage Rates

008200 Additional State, Federal or Funding Agency Requirements

DIVISION 01 - GENERAL REQUIREMENTS

011000 Summary

012200 Unit Prices

012500 Substitution Procedures

012600 Contract Modification Procedures

012900 Payment Procedures

013100 Project Management and Coordination

013300 Submittal Procedures

015000 Temporary Facilities and Controls

017300 Execution

017700 Closeout Procedures

Table of Contents

DIVISION 50 - TECHNICAL SPECIFICATIONS

500000 PENNDOT Publication 408/2020 – Technical Specifications Index

500001 PENNDOT Publication Coordination

PLANS

1 OF 14 TITLE SHEET

2 OF 14 GENERAL NOTES

3 OF 14 EXISTING CONDITIONS PLAN-1

4 OF 14 EXISTING CONDITIONS PLAN-2

5 OF 14 DEMOLITION PLAN-1

6 OF 14 DEMOLITION PLAN-2

7 OF 14 SITE PLAN-1

8 OF 14 SITE PLAN-2

9 OF 14 GRADING PLAN-1

10 OF 14 GRADING PLAN-2

11 OF 14 MPT PLAN

12 OF 14 MPT PLAN-2

13 OF 14 CONSTRUCTION DETAILS-1

14 OF 14 CONSTRUCTION DETAILS-2

INSTRUCTION TO BIDDERS 002113.41 - 1

SECTION 002113.41 – INSTRUCTION TO BIDDERS

ARTICLE 1 - DEFINITIONS

1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents.

The Bidding Requirements consist of the Invitation to Bid, Instructions to Bidders, the bid form, and other sample bidding and contract forms. The proposed Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications and all Addenda issued prior to execution of the Contract.

1.2 Definitions set forth in the General Conditions of the Contract for Construction, EJCDC C-700

General Conditions, or in other Contract Documents are applicable to the Bidding Documents.

1.3 Addenda are written or graphic instruments issued by the Engineer prior to the execution of the

Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections.

1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents.

1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or from which

Work may be deleted for sums stated in Alternate Bids.

1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding

Documents, is accepted.

1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents.

1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the

Bidding Documents.

1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work.

ARTICLE 2 - BIDDER'S REPRESENTATIONS

2.1 The Bidder by making a Bid represents that:

A. The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that such documentation relates to the Work for which the Bid is submitted, and for other portions of the Project, if any, being bid concurrently or presently under construction.

B. The Bid is made in compliance with the Bidding Documents.

C. The Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents.

INSTRUCTION TO BIDDERS 002113.41 - 2

D. The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.1 To demonstrate Bidder’s qualifications to perform the Work, Bidder must meet requirements of

Section 5.4 in the Invitation to Bid.

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

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

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

3.5 Prime bidder and any Subcontractors are required to be PennDOT prequalified for their roll and the work to be completed. Proof of PennDOT prequalification must be submitted as part of the bid.

ARTICLE 4 - BIDDING DOCUMENTS

4.1 COPIES

A. Bidders may obtain complete sets of the Bidding Documents from the Issuing Office in the number and format stated in the Invitation to Bid.

B. Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor

Engineer assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

C. The Owner and Engineer may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding Documents.

4.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

A. The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Engineer errors, inconsistencies or ambiguities discovered.

B. Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request via City’s e-Procurement Portal in accordance with the date referenced in the Invitation to Bidders.

C. Interpretations, corrections and changes of the Bidding Documents will be made by Addendum.

Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them.

INSTRUCTION TO BIDDERS 002113.41 - 3

4.3 SUBSTITUTIONS

A. The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.

Proprietary Items - Contractor may propose an “or equal” product for any item(s) specifically noted on the drawings or within the technical specifications. Contractor shall provide details and submit substitutions to the Engineer for review and approval as set forth in this section.

B. No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Engineer by 3:00 P.M. at least ten days prior to the date for receipt of Bids.

Such requests shall include the enclosed substitution request form, the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation.

A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other contracts that incorporation of the proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. The Engineer's decision of approval or disapproval of a proposed substitution shall be final.

C. If the Engineer approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner.

D. No substitutions will be considered after the Contract award unless specifically provided for in the Contract Documents.

4.4 ADDENDA

A. Addenda will be posted online via City’s e-Procurement Portal and bidder will be notified via email.

B. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid.

ARTICLE 5 - BIDDING PROCEDURES

5.1 PREPARATION OF BIDS

A. The Bid Form may be included in the Bidding Documents for Reference. Bidders shall complete the electronic bid form within the City’s e-Procurement Portal.

B. All requested Alternates shall be bid.

C. Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder's refusal to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other manner.

D. Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the

Bidder. The Bidder shall provide evidence of legal authority to perform within the jurisdiction of the Work. Each copy shall be signed by the person or persons legally authorized to bind the

Bidder to a contract.

INSTRUCTION TO BIDDERS 002113.41 - 4

A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder.

5.2 BID SECURITY

A. Each Bid shall be accompanied by a bid security in the form and the amount of 10% of the bid if so stipulated in the Instructions to Bidders. The Bidder pledges to enter into a Contract with the

Owner on the terms stated in the Bid and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with

Section 6.2.

B. If a surety bond is required, it shall be written on EJCDC C-435, Bid Bond, unless otherwise provided in the Bidding Documents, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney.

C. The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn or (c) all Bids have been rejected.

5.3 SUBMISSION OF BIDS

A. Bids shall be submitted online via the City’s e-Procurement Portal. Bidders shall complete the electronic bid form.

B. The bid security, if any, and any other documents required to be submitted with the Bid uploaded to the City’s e-Procurement Portal.

C. The Bidder shall assume full responsibility for timely submission of Bids.

5.4 MODIFICATION OR WITHDRAWAL OF BID

A. A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid.

B. Prior to the time and date designated for receipt of Bids, a submitted Bid may be modified or withdrawn any time within the City’s e-Procurement Portal.

C. Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders.

D. Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted.

ARTICLE 6 - CONSIDERATION OF BIDS

6.1 OPENING OF BIDS

INSTRUCTION TO BIDDERS 002113.41 - 5

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

6.2 REJECTION OF BIDS

A. The Owner shall have the right to reject any or all Bids. A Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection.

6.3 ACCEPTANCE OF BID (AWARD)

A. It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available.

The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests.

B. The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted.

ARTICLE 7 – CONTRACT TIMES

7.1 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 8 – LIQUIDATED DAMAGES

8.1 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 9 - POST-BID INFORMATION

9.1 OWNER'S FINANCIAL CAPABILITY

A. The Owner shall, at the request of the Bidder to whom award of a Contract is under consideration and no later than seven days prior to the expiration of the time for withdrawal of Bids, furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Unless such reasonable evidence is furnished, the Bidder will not be required to execute the Agreement between the Owner and Contractor.

9.2 SUBMITTALS

A. The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, after notification of selection for the award of a Contract, furnish to the Owner through the Engineer in writing:

1. a designation of the Work to be performed with the Bidder's own forces;

INSTRUCTION TO BIDDERS 002113.41 - 6

2. names of the manufacturers, products, and the suppliers of principal items or systems of materials and equipment proposed for the Work; and

3. names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work.

B. The Bidder will be required to establish to the satisfaction of the Engineer and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents.

C. Prior to the execution of the Contract, the Engineer will notify the Bidder in writing if either the

Owner or Engineer, after due investigation, has reasonable objection to a person or entity proposed by the Bidder.

If the Owner or Engineer has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option, (1) withdraw the Bid or (2) submit an acceptable substitute person or entity with no adjustment in the Base Bid or Alternate Bid occasioned by such substitution. The Owner may accept the adjusted bid or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited.

D. Persons and entities proposed by the Bidder and to whom the Owner and Engineer have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Engineer.

ARTICLE 10 - BONDING AND INSURANCE REQUIREMENTS

10.1 BOND REQUIREMENTS

A. The Bidder shall furnish bonds in 100% of the contract value covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the

Bidder's usual sources.

B. The contractor shall be required to provide the Owner with a 1-year maintenance bond in the amount of 10% of the awarded contract value after achieving substantial completion.

C. The cost of furnishing such bonds shall be included in the Bid.

D. If the Owner requires that bonds be secured from other than the Bidder's usual sources, changes in cost will be adjusted as provided in the Contract Documents.

10.2 TIME OF DELIVERY AND FORM OF BONDS

A. The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract. If the Work is to be commenced prior thereto in response to a letter of intent, the Bidder shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section 10.2.

B. The bonds shall be dated on or after the date of the Contract.

C. The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney.

INSTRUCTION TO BIDDERS 002113.41 - 7

10.3 INSURANCE REQUIREMENTS

A. Insurance requirements per Invitation to Bid, Section 3.Q are to be followed.

10.4 ADDITIONALLY INSURED

A. The vendor, prior to commencing work, shall provide at his own expense, the required insurance to the Engineer and the Owner, evidenced by certificates of insurance. All policies shall name the

Owner, its officers, agents, employees and Barry Isett & Associates, Inc. as additional insured.

This coverage shall be reflected on the Certificates of Insurance.

ARTICLE 11 - PENNSYLVANIA CONSTRUCTION CODE ACT

11.1 Construction must comply with the Act of November 10, 1999 (P.L. 491, No. 45), known as the

Pennsylvania Construction Code Act (35 P.S. Sections 7210.101 et seq.), as implemented by

Department of Labor and Industry regulations, 34 Pa. Code Chapters 401, 403, and 405. Please note that, as of December 2006, Pennsylvania's statewide building code will be referred to as the

Uniform Construction Code (UCC). The codes currently in use under the UCC are the 2015

International Codes issued by the International Code Council.

ARTICLE 12 - STEEL PRODUCTS PROCUREMENT ACT

12.1 In accordance with Act No. 3 of the 1978 General Assembly of the Commonwealth of

Pennsylvania, approved March 3, 1978, and as currently amended, if any steel products are to be used or supplied in the performance of the contract, only steel products produced in the United

States as defined therein shall be used or supplied in the performance of the contract or any subcontracts thereunder.

BID FORM (STIPULATED SUM) 004113-1

SECTION 004113 – BID FORM

TO: City of Scranton FROM:

Office of Community Development

340 N. Washington Avenue Bidder’s Name

Scranton, PA 18503

Address

Phone Number

Email Address

State of Incorporation

I, the undersigned, having familiarized (him/herself) (itself) (themselves) with the existing conditions of the project areas affecting the cost of the work and with the "Contract Documents,” including the Agreement on file in the office of the Engineer, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment and services, including utility, transportation services, and traffic control, required to perform and complete this contract, all in accordance with the Contract Documents, including addenda (if required), for the following lump sum prices.

In submitting this Bid, Bidder represents, as more fully set forth in the agreement, that Bidder has examined and carefully studied the Bidding Documents and Drawings and has observed the site conditions.

Contractor shall be completely familiarized with all contract documents. By submitting a cost proposal to complete the work, the contractor represents that they are familiar with the conditions under which the work will be performed.

BID FORM (STIPULATED SUM) 004113-2

Base Bid Hickory Street to Orchard St. Intersection:

Reference Description Unit Quantity Unit Price Total

0608-0001 Mobilization/Demobilization

LS

9000-0001 Erosion and Sediment Control

LS 1

9000-0004 Existing Utility Pole Shoring (along Existing Curb Lines)

0901-0001 Maintenance and Protection of Traffic

Site Demolition (North Bound Lane)

0230-0004 Class 1B Excavation (Sidewalk) CY 50

4630-0010 Concrete Curb removal LF 596

9000-0004 Treewells removal EA 11

9810-0052 Tree Removal LS 1

0971-0001 Existing Signage Removal, Including Post and Base Ea. 7

Site Demolition (South Bound Lane)

0230-0004 Class 1B Excavation (Sidewalk) CY 60

4630-0010 Concrete Curb removal LF 667

9000-0004 Treewells removal EA 8

9810-0052 Tree Removal LS 1

Base Ea. 9

Sidewalk Improvement (Northbound Lane)

4676-0001 8ft Wide Concrete Sidewalk (Wide approx.), 4" depth, Class A SY 588

0703-0025 Subbase 6" depth, AASHTO #57 SY 588

4630-0010 4" High Concrete Curb, Class A (Approx.

height, match Existing) LF 596

0460-0001 Asphalt Tack Coat SY 132

9000-0007 Reset Existing Utility valves Structures LS 1

4676-0003 Reinforced Concrete Driveway Apron Ea 4

4676-0003 Reinforced Concrete Sidewalk Apron Ea 1

9931-0003 Proposed Signage, installed with base, Completed Ea 7

Sidewalk Improvement (Southbound Lane)

4" depth, Class A SY 697

0703-0025 Subbase 6" depth, AASHTO #57 SY 697 height, match Existing) LF 667

0460-0001 Asphalt Tack Coat SY 148

4676-0003 Reinforced Concrete Sidewalk Apron Ea 3

Completed Ea 9

BID FORM (STIPULATED SUM) 004113-3

Roadway Improvement Hickory

(Northbound Lane)

4203-0004 Class 1B Excavation (PA-DOT ROW) CY 3

4491-0001 Pavement Removal 7" (Full Depth Replacement) SY 137

0413-0248 *Superpave Asphalt mix design, Wearing Course, PG 64S-22, <0.3 Million ESALS, 9.5mm Mix, 1.5" Depth, SRL-L SY 137

0313-0323 *Superpave Asphalt mix design, Base

25mm Mix, Depth to match existing SY 137

4350-0121 Subbase 6" Depth (2A) Stone Base SY 137

0460-0001 Asphalt Tack Coat SY 137

0203-0006 Pavement Sawcut (Min. 2ft wide) LF 571

Roadway Improvement Hickory

(Southbound Lane)

4203-0004 Class 1B Excavation (PA-DOT ROW) CY 5

Replacement) SY 154

9.5mm Mix, 1.5" Depth, SRL-L SY 153

25mm Mix, Depth to match existing SY 153

4350-0121 Subbase 6" Depth (2A) Stone Base SY 153

0460-0001 Asphalt Tack Coat SY 153

0203-0006 Pavement Sawcut (Min. 2ft wide) LF 692

Alternate Bid Alder St. to Hickory St. Intersection:

Reference Description Unit Quantity Unit Price Total

Site Demolition (North Bound Lane)

0230-0004 Class 1B Excavation (Sidewalk) CY 25

4630-0010 Concrete Curb removal LF 310

9000-0004 Treewells removal EA 6

9810-0052 Tree Removal LS 1

Base Ea. 2

Site Demolition (South Bound Lane)

0230-0004 Class 1B Excavation (Sidewalk) CY 25

4630-0010 Concrete Curb removal LF 300

9000-0004 Treewells removal EA 6

9810-0052 Tree Removal LS 1

Base Ea. 4

Sidewalk Improvement (Northbound Lane)

4" depth, Class A SY 322

BID FORM (STIPULATED SUM) 004113-4

0703-0025 Subbase 6" depth, AASHTO #57 SY 322 height, match Existing) LF 310

0460-0001 Asphalt Tack Coat SY 70

4676-0003 Reinforced Concrete Driveway Apron Ea 1

Completed Ea 2

Sidewalk Improvement (Southbound Lane)

4" depth, Class A SY 313

0703-0025 Subbase 6" depth, AASHTO #57 SY 313 height, match Existing) LF 300

0460-0001 Asphalt Tack Coat SY 67

Completed Ea 4

Alternate Bid – Roadway Improvement

(Northbound Lane)

4203-0004 Class 1B Excavation (PA-DOT ROW) CY 2

Replacement) SY 69

9.5mm Mix, 1.5" Depth, SRL-L SY 69

25mm Mix, Depth to match existing SY 69

4350-0121 Subbase 6" Depth (2A) Stone Base SY 69

0460-0001 Asphalt Tack Coat SY 69

0203-0006 Pavement Sawcut (Min. 2ft wide) LF 309

Alternate Bid – Roadway Improvement

(Southbound Lane)

4203-0004 Class 1B Excavation (PA-DOT ROW) CY 2

Replacement) SY 68

9.5mm Mix, 1.5" Depth, SRL-L SY 68

25mm Mix, Depth to match existing SY 68

4350-0121 Subbase 6" Depth (2A) Stone Base SY 68

0460-0001 Asphalt Tack Coat SY 68

0203-0006 Pavement Sawcut (Min. 2ft wide) LF 301

BID FORM (STIPULATED SUM) 004113-5

BASE BID – NO. 1 “Scranton Cedar Avenue(SR3023) Improvements”

To provide all materials and labor necessary to construct the sidewalk improvements; for the sum of:

__________________________________________________Dollars $___________________________

(written) (numbers)

ALTERNATE BID – NO. 1 “Scranton Cedar Avenue(SR3023) Improvements”

To provide all materials and labor necessary to construct the sidewalk improvements; for the sum of:

__________________________________________________Dollars $___________________________

(written) (numbers)

I hereby acknowledge receipt of:

Addendum No._________dated______________

The Owner retains the right to award any or all of the Base and Alternate Bids based upon the best interest of the Owner.

Signature:

Title:

Date:

Sealed Bids due via the City of Scranton’s OpenGov Procurement, on or before the date and time set forth in the Invitation to Bid. Bids must be firm for 60 days from the date due for receipt of bids.

PENAL SUM FORM

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

Prepared by the Engineers Joint Contract Documents Committee.

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

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.

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.

SUBSTITUTION REQUEST FORM 004325 - 1

SECTION 004325 – SUBSTITUTION REQUEST FORM

CONTRACTOR:

Name: ______________________________________________________________

Address: ____________________________________________________________

SPECIFICATION SECTION NUMBER AND PARAGRAPH: ______________________________

DRAWING AND DETAILS AFFECTED: _______________________________________________

PROPOSED SUBSTITUTION:

Manufacturer: _______________________________________________________________________

Product (model, pattern, etc.): __________________________________________________________

WHY IS SUBSTITUTION BEING SUBMITTED? (Select 1 of the following):

[ ] Pre-Bid Substitution (Prior Approval) Bid Date

[ ] Specified product is not available. Explain

[ ] Cost saving to Owner. Indicate comparative cost analysis.

[ ] Other. Explain: _________________________________________________________________

EFFECTS OF PROPOSED SUBSTITUTION (Answer the following questions and attach explanations.)

Does substitution affect dimensions indicated on Drawings?

NO _____

YES _____, Explain: _______________________________________________________________

Does substitution affect Work of other Sections?

NO _____

YES _____, Explain: _______________________________________________________________

Does substitution require modifications to design, change to Drawings, or revisions to specifications to be incorporated into the Project?

NO _____

YES _____, Explain): ______________________________________________________________

Attach list of at least 3 projects where proposed substitution has been used within past 12 months include name, address, and telephone number of Owner and Architect/Engineer.

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SUBSTITUTION REQUEST FORM 00 43 25 - 2

CONTRACTOR’S/BIDDERS REPRESENTATION

Reference Division 00 Section “Instructions to Bidders,” subsection 3.3.

Undersigned accepts responsibility for the coordination of proposed substitution and accepts all additional costs from the incorporation of proposed substitution into the Project per Division 01 Section “Substitution Procedures.”

SUBMITTED BY:

CONTRACTOR:

Name: _____________________________________________________________________________

Address: ___________________________________________________________________________

SUBCONTRACTOR:

Signature: __________________________________________________________________________

Date: ______________________________________________________________________________

CONTRACTOR:

Signature: __________________________________________________________________________

Date: ______________________________________________________________________________

FOR ENGINEER’S USE

[ ] ACCEPTED

[ ] NOT ACCEPTED

[ ] NO ACTION REQUIRED

[ ] SUBMISSION:

[ ] INCOMPLETE

[ ] TOO LATE

REVIEWED BY:

Name & Signature: __________________________________________________________________

Date: ______________________________________________________________________________ jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle

CONSENT OF SURETY 004515 - 1

SECTION 004515 – CONSENT OF SURETY

KNOW ALL MEN BY THESE PRESENTS, that we , as Surety, a corporation existing under the laws of the State/Commonwealth of , and authorized to transact business in the Commonwealth of Pennsylvania, hereby agree to execute within the time limit and in the forms and amounts specified in the Contract Documents, the Contract Bonds as required for the faithful performance and proper fulfillment of the Contract for

On behalf of hereinafter called the Bidder, provided that the above Contract be award to the Bidder within sixty (60) days after the date of opening of bids, or as otherwise set forth in the Instructions to Bidders and any amendments thereto; and the Surety further agrees that should the Surety, after notification of intent to make such award, refuse to execute and/or otherwise provide the required Bonds, then the Surety shall pay to the Owner of the Project, the amount of the Bid Security.

ATTEST SURETY

DATE SIGNATURE (AFFIX CORPORATE SEAL)

ATTORNEY IN FACT

jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle jharvey Rectangle

EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 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 Work is generally described as follows:

The work includes but is not limited to all labor, materials, tools, and oversight for mobilization, maintenance and protection of traffic, installation of concrete sidewalk, concrete curb, signage improvements, and pavement restoration at the intersections of Cedar Ave & Hickory St to Cedar Ave & Orchard St (Base Bid) and intersection of Cedar Ave & Alder St. to Cedar Ave & Hickory St. (Alt. Bid).

ARTICLE 2 – THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Cedar Ave (SR3023) Improvements

ARTICLE 3 – ENGINEER

3.01 The part of the Project that pertains to the Work has been designed by Barry Isett and Associates, Inc. .

3.02 The Owner has retained Barry Isett and Associates, Inc. (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

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

4.02 Contract Times: Days

A. The Work will be substantially completed within 120 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 150 days after the date when the Contract Times commence to run.

EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7

B. Parts of the Work shall be substantially completed on or before the following Milestone(s): N/A

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $ 500.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay O w n e r $ 500.00 for each day that expires after such time until the Work is completed and ready for final payment.

3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently.

4.04 Special Damages

A. In addition to the amount provided for liquidated damages, Contractor shall reimburse

Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete.

B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract:

A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the 2nd Tuesday of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract

a. 90 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, the retainage may be reduced to 5 percent; and

b. 90 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage) provided the quantity of stored material does not exceed the total estimated quantity required to complete the project, the cost is at least $1,000 but does not exceed 90 percent of the contract price of the applicable contract item and/or component item, and the accumulative costs do not exceed 25 percent of the current contract amount. The cost of material is that amount to be paid by the Contractor as evidenced by invoices.

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 150 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06.

ARTICLE 7 – INTEREST

7.01 All amounts not paid when due shall bear interest at the rate of 0.5 percent plus the Federal short-term rate as determined under Title 26, Subtitle F, Chapter 67, Subchapter C, §6621 of the U.S. Code.

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Contract, Contractor makes the following

EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 representations:

A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

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

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

D. Contractor 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 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. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract 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 Contractor; and (3) Contractor’s safety precautions and programs.

F. Contractor 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 Contractor, including applying specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contractor Documents; and (3) Contractor’s safety precautions and programs or which Contractor deems necessary to assume all risks in excavating for the Project and determine its bid for the Work.

G. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

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

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

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

K. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7

ARTICLE 9 – CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages 1 to 7 , inclusive).

2. Performance bond (pages 1 to 3 , inclusive).

3. Payment bond (pages 1 to 3 , inclusive).

4. Other bonds.

a. None

5. General Conditions (pages 1 to 70 , inclusive) (not attached but incorporated by reference).

6. Supplementary Conditions (pages 1 to 7 , inclusive) (not attached but incorporated by reference).

7. Additional State, Federal or Funding Agency Requirements (pages 1 to 5, inclusive) (not attached but incorporated by reference).

8. Wage Rates Requirements (pages 1 to 8, inclusive) (not attached but incorporated by reference).

9. Specifications as listed in the table of contents of the Project Manual (not attached but incorporated by reference).

10. Drawings as listed in the table of contents of the Project Manual (not attached but incorporated by reference).

11. Addenda (numbers to , inclusive).

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

a. Contractor’s Bid

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

a. Notice to Proceed.

b. Contractor’s Application for Payment

c. Certificate of Substantial Completion

d. Consent of Surety to Final Payment

e. Work Change Directives.

f. Change Orders.

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions.

EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

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