Contract_Documents_&_Specifications_&_Plans.pdf

Contract Documents and Specifications

FOR

Nay Aug Park Inclusive Playground

City of Scranton 500 Arthur Avenue Scranton, PA 18510

Date: July 2024 Project #: 1075422.000

Table of Contents

SECTION 000110 – TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT & CONTRACTING REQUIREMENTS

BIDDING INSTRUCTIONS

002113.31 Instruction to Bidders

BIDDING DOCUMENTS

004313.31 Bid Bond (Sample AIA-A310)

004325 Substitution Request Form

004513.31 Contractor’s Qualifications (Sample AIA-305)

004515 Consent of Surety 004537 Equal Employment Opportunity Affidavit 004546 PA E-Verify 004597 Bid Submittal Checklist

CONTRACTING REQUIREMENTS

005213.31 Agreement Form (Stipulated Sum – Single-Prime Contract) – (Sample AIA-104)

006113.31 Performance Bond (Sample AIA-312)

006113.33 Payment Bond (Sample AIA-312)

006123.31 Warranty Bond

006276.31 Application for Payment (Sample AIA-G702-703)

007343 Prevailing Wage Rates 008600 PA Tax Exempt Disclosure

Non-Disclosure Sexual Harassment Agreement- DCED

EXHIBITS (CITY OF SCRANTON FORMS)

Affirmative Action Certification Disclosures by Respondent Certificate of Non-Segregated Facilities Non-Collusion Affidavit

TECHNICAL SPECIFICATIONS

DIVISION 01 - GENERAL REQUIREMENTS

011000 Summary 012200 Unit Prices 012300 Alternates 012500 Substitution Procedures 012600 Contract Modification Procedures 012900 Payment Procedures 013100 Project Management and Coordination

Table of Contents

DIVISION 01 - GENERAL REQUIREMENTS (Cont.)

013300 Submittal Procedures

015000.21 Temporary Facilities and Controls

017300 Execution 017700 Closeout Procedures

DIVISION 02 – EXISTING CONDITIONS

024119 Selective Demolition

DIVISION 12 – FURNISHINGS

129300 Site Furnishings

DIVISION 31 – EARTHWORK

311000 Site Clearing 312000 Earth Moving

DIVISION 32 – EXTERIOR IMPROVEMENTS

321216 Asphalt Paving 321313 Concrete – Flatwork 321613 Concrete Curb 321713 Parking Bumpers 321723 Waterborne Pavement Markings 323100 Fences 329115 Soil Preparation 329200 Turf and Grasses

DIVISION 33 – UTILITIES

334600 Subdrainage

PLANS

TS-1 Title Sheet EF-1 Existing Features – Demolition Plan SP-1 Site Plan GU-1 Grading Plan – Utility Plan ES-1 Erosion and Sediment Controls Plan ES-2 Erosion and Sediment Notes and Details DE-1 Construction Details

Division 00

Procurement &

Contracting Requirements

INSTRUCTION TO BIDDERS 002113.51 - 1

SECTION 002113.51 – 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 Advertisement or 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, AIA Document

A201, 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.

Nay Aug Park Inclusive Playground Project #1075422.000

INSTRUCTION TO BIDDERS 002113.51 - 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 shall complete submit a properly executed AIA Document A305, Contractor's Qualification Statement.

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.

ARTICLE 4 - BIDDING DOCUMENTS

4.1 COPIES

A. Bidders may obtain complete sets of the Bidding Documents at no cost, online via the OpenGov

Procurement Program (https://procurement.opengov.com/)

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 OpenGov’s “Messages/Vendor Discussions” 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.

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.

INSTRUCTION TO BIDDERS 002113.51 - 3

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 OpenGov’s “Files” tab 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 OpenGov’s “Prepare Your Submission” tab.

B. All requested Alternates shall be bid. If no change in the Base Bid is required, enter “0.”

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.

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.

E. Each Bid shall be accompanied with a list of three closely-related past projects completed by the

Bidder within the last five years. This list shall include a description of the work included in the project, the Client, the Client’s contact information, time of completion, and a value of the total construction cost.

INSTRUCTION TO BIDDERS 002113.51 - 4

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 AIA Document A310, 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. BINDING. Every bid, notice of award, contract, and related agreement shall be binding on the bidder, their heirs, successors, and assigns. Unless otherwise specified, all bids submitted shall be binding for sixty (60) calendar days following the bid opening date.

D. 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 CONTRACTOR'S QUALIFICATION STATEMENT

A. Bidders shall submit to the Engineer, upon request, a properly executed AIA Document A305, Contractor's Qualification Statement with attachments as required.

5.4 SUBMISSION OF BIDS

A. Bids shall be submitted online via the OpenGov Procurement Program

(https://procurement.opengov.com/ ). Bidders shall complete the electronic bid form within

OpenGov’s “Prepare Your Submission” tab.

B. The bid security, if any, and any other documents required to be submitted with the Bid uploaded to the OpenGov’s “Requested Information” tab.

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

5.5 MODIFICATION OR WITHDRAWAL OF BID

A. WITHDRAWING BIDS. The City elects to apply 73 P.S. 1602 to any bid for any construction contract for the construction, reconstruction, demolition, alteration or repair of any public building or other public improvement or for the provision of services to or lease of real or personal property whether by lease or concession from such contracting body, excepting highway work. City regulations to such effect are available upon request.

B. 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.

INSTRUCTION TO BIDDERS 002113.51 - 5

C. Prior to the time and date designated for receipt of Bids, a submitted Bid may be modified or withdrawn any time within the OpenGov Procurement Program.

D. 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.

E. 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

A. Upon receipt of the bids, the bids will be opened electronically. A public notice will be issued via

OpenGov containing any available bid results. These results are subject to further review and should not be considered an issuance of an award.

B. At the discretion of the Owner and only if stipulated in the Invitation to Bid, the properly identified Bids received on time will be publicly opened and read aloud. Results will be issued per Article 6.1.A.

6.2 REJECTION OF BIDS

A. RESERVED RIGHTS. The City of Scranton reserves the right to reject any and all bids submitted and to request additional information from any bidder. The City further reserves the right to reject all bids and seek new bids when such procedure is considered to be in the best interest of the City.

B. DEFAULT. No bid will be accepted from or contract awarded to any person, firm, or corporation that is in arrears or is in default to the City upon any contract, or that is a defaulter, as surety or otherwise, upon any obligation to the City or who had failed to faithfully perform any previous contract with the City.

C. TAX COMPLIANCE. If applicable, each bidder is required to be in compliance with the City of

Scranton local tax requirements. Failure to be in compliance with City of Scranton local tax requirements may result in bid disqualification and/or voiding of any contract that may result therefrom.

D. ETHICS AND COLLUSION.

1. Collusive Bidding. Any firm that submits more than one bid in such a manner as to make it appear that one of the bids submitted is competitive with that of a different Respondent, or any two or more firms that agree to fix their respective bids in such a manner as to be awarded the contract shall be disqualified from further consideration of award of this contract and shall be subject to any applicable penalties under the law.

2. Bribery. Any firm that attempts to influence a City official to award this contract to such

Respondent’s firm by promising to provide or by providing to such City official any gratuity, entertainment, commission or any other gift, in exchange for a promise to award the contract to such firm shall be disqualified from further consideration of award of this contract and shall be subject to any applicable penalties under the law.

INSTRUCTION TO BIDDERS 002113.51 - 6

3. Conflict of Interest. Any firm that knows of any City official having a material direct or indirect financial interest in such Respondent’s firm shall be required to submit a written statement, along with the form of bid, detailing such interest. Failure to disclose a known such financial interest shall result in the firm’s disqualification from further consideration of award of this contract.

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.

B. IRREGULARITIES. The City reserves the right to waive any irregularity or defect, if it is deemed in the best interests of the City, so long as such irregularity or defect does not (1) deprive the City of assurance that the Contract would be entered into, performed, and guaranteed per the

City’s specified requirements or (2) advantage that Respondent or otherwise undermine the necessary standard of competition.

C. 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.

D. NOTICE OF AWARD. After notice from the City, the selected bidder shall enter into a contract, provided by the City, upon receipt of a Notice of Award. If a contract is not executed by the selected bidder, the City reserves the right to retract the Notice of Award and enter into a contract with another Respondent.

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.

INSTRUCTION TO BIDDERS 002113.51 - 7

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;

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. If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. If the furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of such bonds shall be added to the Bid in determining the Contract Sum.

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.

INSTRUCTION TO BIDDERS 002113.51 - 8

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.

10.3 INSURANCE REQUIREMENTS

A. The successful bidder, prior to commencing work, shall provide at his own expense, the following insurance to the Owner, evidenced by certificates of insurance. Each certificate shall require that notice be given, thirty (30) days prior to cancellation or material change in the policies, to Owner and all additional insureds. Nothing contained in this section shall be construed as limiting the extent of the vendor’s responsibility for payment of damages resulting from his operations under the contract.

B. Workers’ Compensation including Occupational Disease and Employer’s Liability Insurance.

C. Statutory – Amounts and coverage as required by Pennsylvania Workmen’s Compensation and

Occupational Disease Laws.

D. Employer’s Liability – As listed in the AIA Standard Form of Agreement Between Owner and

Contractor included in the Contract Documents.

E. Liability – The vendor shall maintain a Commercial General Liability Insurance Policy, using an occurrence form of coverage. The required coverage forms are:

Comprehensive

Premises - Operation

Contractual Insurance

Independent Contractor

The General Liability Policy shall have a minimum limit of liability as listed in the AIA Standard Form of Agreement Between Owner and Contractor included in the Contract Documents.

Automobile Liability coverage with minimum combined single limits as listed in the AIA Standard

Form of Agreement Between Owner and Contractor included in the Contract Documents.

The Contractor shall obtain total minimum coverage limits as listed in the AIA Standard Form of

Agreement Between Owner and Contractor included in the Contract Documents.

10.5 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

INSTRUCTION TO BIDDERS 002113.51 - 9

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 STEEL PRODUCTS

A. Steel Product Procurement Act.

1. If any steel products are to be used or supplied in the performance of the contract, only steel products as herein defined shall be used or supplied in the performance of the contract or any subcontracts thereunder.

2. “Steel products” is defined as products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated or otherwise similarly processed, or processed by a combination of two or more of such operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer or other steel making process and shall include cast iron products and shall include machinery and equipment listed in United States Department of Commerce

Standard Industrial Classification 25 (furniture and fixture), 35 (machinery, except electrical) and 37 (transportation equipment) and made of, fabricated from, or containing steel components. If a product contains both foreign and United States steel, such product shall be determined to be a United States steel product only if at least 75% of the cost of the articles, materials and supplies have been mined, produced or manufactured, as the case may be, in the United States. Transportation equipment shall be determined to be a United States steel product if it complies with section 165 of Public Law 97-424 (96 Stat. 2136).

3. This provision shall not apply to products listed on the Pennsylvania Department of General

Services list of “Exempt Machinery and Equipment Steel Products” published annually in the

Pennsylvania Bulletin.

B. Trade Practices Act. In accordance with the Trade Practices Act of July 23, 1968, P.L. 686 (71

P.S. §773.101 et seq.), a successful bidder cannot and shall not use or permit to be used in the work any aluminum or steel products made in a foreign country which is listed below as a foreign country which discriminates against aluminum or steel products manufactured in Pennsylvania.

The countries of Brazil, South Korea, Spain, and Argentina have been found to discriminate against certain products manufactured in Pennsylvania. Therefore, the purchase or use of those countries products, as listed below, is not permitted:

1. Brazil: Welded carbon steel pipes and tubes; carbon steel wire rod; tool steel; certain stainless steel products including hot-rolled stainless steel bar; stainless steel wire rod and cold-formed stainless steel bar; pre-stressed concrete steel wire strand; hot rolled carbon steel plate in coil; hot-rolled carbon steel sheet; and cold-rolled carbon steel sheet.

INSTRUCTION TO BIDDERS 002113.51 - 10

2. Spain: Certain stainless steel products including stainless steel wire rod, hot-rolled stainless steel bars, and cold-formed stainless steel bars; pre-stressed concrete steel wire strand; and certain steel products including hot-rolled steel, plate, cold-rolled carbon steel plate, carbon steel structural shapes, galvanized carbon steel sheet, hot-rolled carbon steel bars, and cold-formed carbon steel bars.

3. South Korea: Welded carbon steel pipes and tubes; hot-rolled carbon steel plate; hot-rolled carbon steel sheet; and galvanized steel sheet.

4. Argentina: Carbon steel wire rod and cold-rolled carbon steel sheet.

Penalties for violation of this provision may be found in the Trade Practices Act.

ARTICLE 13 – PENNSYLVANIA USED OIL RECYCLING ACT

13.1 Pursuant to 62 Pa. C.S. 3746, the City encourages the procurement and purchase of recycled oil products as substantially equivalent to products made from new oil.

ARTICLE 14 - PREVENTION OF ENVIRONMENTAL POLLUTION AND THE

PRESERVATION OF PUBLIC NATURAL RESOURCES

14.1 In accordance with state law (62 Pa. C.S. 3301) this project shall abide by any provision of

Federal and State statutes, rules and regulations dealing with the prevention of environmental pollution and the preservation of public natural resources that affect the projects.

ARTICLE 15 PENNSYLVANIA PREVAILING WAGE ACT

Pursuant to the Pennsylvania Prevailing Wage Act and accompanying regulations:

A. The general prevailing minimum wage rates including contributions for employe benefits as determined by the Secretary which shall be paid to the workmen employed in the performance of the contract. The contract shall specifically provide that the contractor shall pay at least the wage rates as determined in the decision of the Secretary of Labor and Industry and shall comply with the conditions of the act approved August 15, 1961, and the regulations issued thereto, to assure the full and proper payment of the rates.

B. The contract shall contain the stipulation that workmen shall be paid at least the general prevailing minimum wage rates and other provisions to assure payment thereof as set forth in this section.

C. The contract provisions apply to work performed on the contract by the contractor and to work performed on the contract by subcontractors.

D. The contractor shall insert in each of his subcontracts the stipulations contained in these required provisions and other stipulations as may be required.

E. The contract shall provide that no workmen may be employed on the public work except in accordance with the classifications in the decision of the Secretary. If additional or different classifications are necessary the procedure in § 9.107 (relating to petition for review of rates and hearings) shall be followed.

INSTRUCTION TO BIDDERS 002113.51 - 11

F. The contract shall provide that workmen employed or working on the public work shall be paid unconditionally, regardless of whether a contractual relationship exists or the nature of a contractual relationship which may be alleged to exist between a contractor, subcontractor and workmen, at least once a week, without deduction or rebate, on any account, either directly or indirectly except authorized deductions, the full amounts due at the time of payment, computed at the rates applicable to the time worked in the appropriate classification. Nothing in the contract, the act or this title prohibits the payment of more than the general prevailing minimum wage rates as determined by the Secretary to a workman on public work.

G. The contract shall provide that the contractor and each subcontractor shall post for the entire period of construction the wage determination decisions of the Secretary, including the effective date of changes thereof, in a prominent and easily accessible place or places at the site of the work and at the places used by them to pay workmen their wages. The posted notice of wage rates shall contain the following information:

1. The name of project.

2. The name of the public body for which it is being constructed.

3. The crafts and classifications of workmen listed in the Secretary’s general prevailing minimum wage rate determination for the particular project.

4. The general prevailing minimum wage rates determined for each craft and classification and the effective date of changes.

5. A statement advising workmen that if they have been paid less than the general prevailing minimum wage rate for their job classification or that the contractor or subcontractor are not complying with the act or this title, they may file a protest in writing with the Secretary within 3 months of the date of the occurrence, objecting to the payment to a contractor to the extent of the amount due or to become due to them as wages for work performed on the public work project. A workmen paid less than the rate specified in the contract shall have a civil right of action for the difference between the wage paid and the wages stipulated in the contract, which right of action shall be exercised within 6 months from the occurrence of the event creating the right.

H. The contract shall provide that the contractor and subcontractors shall keep an accurate record showing the name, craft or classification, number of hours worked per day and the actual hourly rate of wage paid, including employe benefits, to each workman employed by him in connection with the public work. The record shall include deductions from each workman. The record shall be preserved for 2 years from the date of payment and shall be open at reasonable hours to the inspection of the public body awarding the contract and to the Secretary or his authorized representatives.

I. The contract shall provide that apprentices shall be limited to numbers in accordance with a bona fide apprenticeship program registered with and approved by The Pennsylvania Apprenticeship and Training Council and only apprentices whose training and employment are in full compliance with The Apprenticeship and Training Act (43 P. S. § § 90.1—90.10), approved July 14, 1961, and the regulations issued thereto shall be employed on the public work project. A workman using the tools of a craft who does not qualify as an apprentice within this subsection shall be paid the rate predetermined for journeymen in that particular craft or classification.

INSTRUCTION TO BIDDERS 002113.51 - 12

J. Wages shall be paid without deductions except authorized deductions. Employers not parties to a contract requiring contributions for employee benefits which the Secretary has determined to be included in the general prevailing minimum wage rate shall pay the monetary equivalent thereof directly to the workmen.

K. Payment of compensation to workmen for work performed on public work on a lump sum basis, or a piece work system, or a price certain for the completion of a certain amount of work, or the production of a certain result shall be deemed a violation of the act and this subchapter, regardless of the average hourly earnings resulting therefrom.

L. The contract shall also provide that each contractor and each subcontractor shall file a statement each week and a final statement at the conclusion of the work on the contract with the contracting agency, under oath, and in form satisfactory to the Secretary, certifying that workmen have been paid wages in strict conformity with the provisions of the contract as prescribed by this section or if wages remain unpaid to set forth the amount of wages due and owing to each workman respectively.

M. The provisions of the act and 34 Pa. Code §§ 9.101–9.112 shall be incorporated by reference in the contract.

Bidding Documents

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.

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: ______________________________________________________________________________

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

AMERICANS WITH DISABILITIES ACT 004537 - 1

SECTION 004537 – EQUAL EMPLOYMENT OPPORTUNITY AFFIDAVIT

EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES:

The Contractor and the Owner do hereby agree that the provisions of Title II of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S12101 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this Contract. In providing any aid, benefit, or service on behalf of the Owner pursuant to this Contract, the Contractor agrees that the performance shall be in strict compliance with the Act. In the event that the Contractor, it agents, servants, employees, or Subcontractors violate or are alleged to have violated the Act during the performance of this Contract, the Contractor shall defend the Owner in any action or administrative proceeding commenced pursuant to this Act. The Contractor shall indemnify, protect, and save harmless the Owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The Contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the Owner's grievance procedure, the Contractor agrees to abide by any decision of the Owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the Owner or if the Owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the Contractor shall satisfy and discharge the same at its own expense.

The Owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the Contractor along with full and complete particulars of the claim. If any action or administrative proceeding is brought against the Owner or any of its agents, servants, and employees, the Owner shall expeditiously forward or have forwarded to the Contractor every demand, complaint, notice, summons, pleading, or other process received by the Owner or its representatives.

It is expressly agreed and understood that any approval by the Owner of the services provided by the Contractor pursuant to this Contract will not relieve the Contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the Owner pursuant to this Paragraph.

It is further agreed and understood that the Owner assumes no obligation to indemnify or save harmless the Contractor, its agents, servants, employees and Subcontractors for any claim which may arise out of their performance of the Agreement. Furthermore, the Contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the Contractor's obligations assumed in this Agreement, nor shall they be construed to relieve the Contractor from any liability, nor preclude the Owner from taking any other actions available to it under any other provisions of this Agreement or otherwise at law.

Contractor Signature: ________________________________________

Contractor Name: ___________________________________________

Date: _________________________

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date _______________________

Business or Organization Name (Employer)_________________________________________________

Address _____________________________________________________________________________

City _____________________________________ State_____________ Zip Code ________________

Contractor {dzōŎƻƴǘNJŀŎǘƻNJ όŎƘŜŎƪ ƻƴŜύ

Contracting Public Body _______________________________________________________________

Contract/Project No ___________________________________________________________________

Project Description ____________________________________________________________________

Project Location ______________________________________________________________________

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act

(‘the Act’) through utilization of the federal E‐Verify Program (EVP) operated by the United States

Department of Homeland Security. To the best of my/our knowledge, all employees hired post

January 1, 2013 are authorized to work in the United States.

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

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

Authorized Representative Signature

06 62 00 E-verify Act and Form

On July 5, 2012, Gov. Corbett signed into law the Public Works Employment Verification Act (S.B. 637) which takes effect January 1, 2013.

The Act requires all public works contractors and subcontractors in Pennsylvania to use E-Verify to verify the employment eligibility of new employees and applies to projects with an estimated cost in excess of $25,000 that are funded by the Commonwealth, or its political subdivisions, authorities, or agencies. E-Verify is an internet-based system that compares information from an employee’s Form I-9, Employment Eligibility Verification, to data from the U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility.

(5) "Public work" means construction, reconstruction, demolition, alteration and/or repair work other than maintenance work, done under contract and paid for in whole or in part out of the funds of a public body where the estimated cost of the total project is in excess of twenty-five thousand dollars ($25,000), but shall not include work performed under a rehabilitation or manpower training program.

Under the Act, a contractor must submit a verification form signed under penalty of perjury and acknowledging its compliance with the Act as a precondition of being awarded a public works contract. Subcontractors must submit the form prior to commencing work on the public works project. In addition, contractors must include in their subcontracts information about the requirements of the Act. The Department of General Services (DGS) will create the verification form and is also charged with enforcement of the Act through complaint-based as well as random audits.

A contractor or subcontractor violates the Act by failing either to use E-Verify or to provide the verification form. Sanctions for failure to use E-Verify range from a warning letter (to be posted on the DGS website) for a first violation to a one year debarment for a third and subsequent violation. A willful violation of the Act will result in a 3-year debarment. Civil penalties for failure to use the form or for false statements on the form range from $250 to $1,000 for each violation.

The Act provides significant protection for whistleblowers. If an employee of a contractor or subcontractor is retaliated against for instigating or cooperating in an investigation, the employee can bring suit (which must be brought within 180 days from the date the employee knew of the retaliation) to obtain reinstatement of employment and to collect three times lost wages, along with an award of attorney’s fees and costs.

A contractor or subcontractor who relies in good faith on E-Verify has immunity from sanctions and shall have no liability to any individual who is not hired or is discharged from employment.

Good faith is shown by a federal agency’s written acknowledgment of the use of E-Verify.

Contractors are not liable for violations by subcontractors.

Information on E-Verify can be found:

http://www.uscis.gov/portal/site/uscis and searching for e-verify.

PA DGS regulations can be found:

http://www.pabulletin.com/secure/data/vol42/42-52/2525.html An electronic version of the verification form can be found at:

http://www.dgs.state.pa.us/portal/server.pt/community/construction_and_public_works/1235/pub lic_works_employment_verification/1357211

City of Scranton

PA E-Verify Form 004546-1

BID SUBMITTAL CHECKLIST 004597.21 - 1

SECTION 004597.21 – BID SUBMITTAL CHECKLIST

The following represents a list of those documents and materials which will be required in connection with the project. Certain items will be required at the time of the bid submission; failure to submit them will render the bid nonresponsive, which may result in the rejection of the bid by the Owner in accordance with Pennsylvania law; other items will be required after award of the contract but no later than time set for the contract execution. A specific review should be made of bidding documents contained in the Project Manual to ascertain what those documents are and when they are required to be submitted.

This reminder summary is to act as a courtesy to potential bidders to remind them what documents or materials need to be submitted.

Submissions required with the bid:

Pricing Section (Excel, .xlsx)

Bidder Acknowledgements (Excel, .xlsx)

Bid Bond (PDF, .pdf)

Contractor’s Qualifications Statement (PDF, .pdf)

Consent of Surety (PDF, .pdf)

City of Scranton Non-Collusion Affidavit (PDF, .pdf)

Equal Employment Opportunity Affidavit (PDF, .pdf)

E-Verify (PDF, .pdf)

Affirmative Action Certification (PDF, .pdf)

Certificate of Non-Segregated Facilities (PDF, .pdf)

Disclosures by Respondent (PDF, .pdf)

Once again, this reminder list is submitted to the bidders strictly as courtesy and is not to be binding on the Owner. Responsibility for ascertaining and submitting the documents needed for consideration of the bid, and at appropriate time, falls upon each and every bidder.

Submissions…