Contract Documents and Specifications

FOR

Fellows Park Playground Improvements

Owner:

City of Scranton 340 N. Washington Avenue Scranton, PA 18503

Date: August 2026 Project #: 1037926.000

PENNSYLVANIA

REGISTRATION

NUMBER

LA-003506

REG

I STERED LANDSCAPE ARC

HI

TE

CT

SC

OTT GRUNDOWSKI

Table of Contents

SECTION 000110 – TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT & CONTRACTING REQUIREMENTS

BIDDING INSTRUCTIONS

002113.51 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

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 Davis Bacon Wage Rates

008600 PA Tax Exempt Disclosure

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

012600.31 Contract Modification Procedures

012900.31 Payment Procedures

013100 Project Management and Coordination

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Table of Contents

DIVISION 01 - GENERAL REQUIREMENTS (Cont.)

013300 Submittal Procedures

013510 Mobilization

015000.21 Temporary Facilities and Controls

017300 Execution

017700 Closeout Procedures

019500 PennDOT Publication Coordination

DIVISION 02 – EXISTING CONDITIONS

024119 Selective Demolition

DIVISION 31 – EARTHWORK

311000 Site Clearing

312000 Earth Moving

DIVISION 32 – EXTERIOR IMPROVEMENTS

321313 Concrete – Flatwork

321613 Concrete Curb

321713 Pavement Markings

329115 Soil Preparation

329200 Turf and Grasses

329300 Plants

DIVISION 33 – UTILITIES

334600 Subdrainage

DRAWINGS

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

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Division 00

Procurement &

Contracting Requirements

Bidding Instructions

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 Allowance is a specified monetary amount identified in the Bidding Documents and stated in the Bid to cover the cost of particular items of Work, materials, equipment, or services.

Allowances are established to ensure that comparable costs are included by all Bidders for designated portions of the Work.

1.7 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.

1.8 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.

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

Bidding Documents.

1.10 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.

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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.

D. The Bidder has investigated all required fees, permits, and regulatory requirements of authorities having jurisdiction and has properly included in the submitted bid the cost of such fees, permits, and requirements not otherwise indicated as provided by Owner.

E. 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 ensure the Owner selects the most qualified, responsible contactor, bidders shall show evidence of the following:

3.1.1 Financial Standing: You must have sufficient capital, resources, and established financial credit to complete the scope of work.

3.1.2 Technical Ability: You must possess the necessary organization, plant, stock, equipment, and on-site expertise.

3.1.3 Past Performance: You must have a strong history of completing past contracts on time and adhering strictly to design specifications.

3.1.4 Integrity & Ethics: You must have a proven record of honesty, good faith, and compliance with local, state, and federal laws.

3.2 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall complete submit a properly executed AIA Document A305, Contractor's Qualification Statement.

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

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

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

3.6 Bidder shall provide record of successful completion of no less than five (5) similar projects within the past three (3) years. Work shall be similar in size and scope. References (project name, location, client, contact information) shall be provided for all projects. Failure to provide such information maybe considered failure to meet the bid submission requirements and be rejected.

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.

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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.

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.

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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. Allowances shall be itemized separately from the Base Bid. Each allowance shall be clearly listed with its corresponding value in the Bid Form. The total of all allowances will be added to the

Base Bid to establish the Base Bid Amount. The Contractor shall not omit or conceal allowances within other line items of the bid. Failure to properly itemize allowances may render the bid nonresponsive.

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

D. 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.

E. 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.

F. Each Bid shall be accompanied with a list of five (5) closely-related past projects completed by the Bidder within the last three (3) 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.

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.

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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.

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.

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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.

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.

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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.

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

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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 Project includes the installation of plant material, the Contractor shall provide a separate bond to cover 100% of the landscape cost (plants and installation) for a period equal to the warranty of the planting or 18 months, if not stated elsewhere.

D. 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.

E. 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.

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.

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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

Owner (City of Scranton), 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.

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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.

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

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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

15.1 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.

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.

Fellows Park Improvements Project #1037926.000

INSTRUCTION TO BIDDERS 002113.51 - 12

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.

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.

Fellows Park Improvements Project #1037926.000

Bidding Documents

Fellows Park Improvements Project #1037926.000

Fellows Park Improvements Project #1037926.000

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.

Fellows Park Improvements Project #1037926.000

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: ______________________________________________________________________________

Fellows Park Improvements Project #1037926.000

Fellows Park Improvements Project #1037926.000

AIA

Document A305® – 2020

Exhibit A

General Information

AIA Document A305 – 2020 Exhibit A. Copyright © 2020. All rights reserved. “The American Institute of Architects,” “American Institute of

Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:49:21 ET on 07/30/2024 under Order No.3104241443 which expires on 03/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1313559097)

ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

This Exhibit is part of the Contractor’s Qualification Statement, submitted by « » and dated the « » day of « » in the year « »

(In words, indicate day, month and year.)

§ A.1 ORGANIZATION

§ A.1.1 Name and Location § A.1.1.1 Identify the full legal name of your organization.

§ A.1.1.2 List all other names under which your organization currently does business and, for each name, identify jurisdictions in which it is registered to do business under that trade name.

§ A.1.1.3 List all prior names under which your organization has operated and, for each name, indicate the date range and jurisdiction in which it was used.

§ A.1.1.4 Identify the address of your organization’s principal place of business and list all office locations out of which your organization conducts business. If your organization has multiple offices, you may attach an exhibit or refer to a website.

§ A.1.2 Legal Status § A.1.2.1 Identify the legal status under which your organization does business, such as sole proprietorship, partnership, corporation, limited liability corporation, joint venture, or other.

.1 If your organization is a corporation, identify the state in which it is incorporated, the date of incorporation, and its four highest-ranking corporate officers and their titles, as applicable.

.2 If your organization is a partnership, identify its partners and its date of organization.

.3 If your organization is individually owned, identify its owner and date of organization.

Fellows Park Improvements Project #1037926.000

AIA Document A305 – 2020 Exhibit A. Copyright © 2020. All rights reserved. “The American Institute of Architects,” “American Institute of

Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:49:21 ET on 07/30/2024 under Order No.3104241443 which expires on 03/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

.4 If the form of your organization is other than those listed above, describe it and identify its individual leaders:

§ A.1.2.2 Does your organization own, in whole or in part, any other construction-related businesses? If so, identify and describe those businesses and specify percentage of ownership.

§ A.1.3 Other Information § A.1.3.1 How many years has your organization been in business?

§ A.1.3.2 How many full-time employees work for your organization?

§ A.1.3.3 List your North American Industry Classification System (NAICS) codes and titles. Specify which is your primary NAICS code.

§ A.1.3.4 Indicate whether your organization is certified as a governmentally recognized special business class, such as a minority business enterprise, woman business enterprise, service disabled veteran owned small business, woman owned small business, small business in a HUBZone, or a small disadvantaged business in the 8(a) Business

Development Program. For each, identify the certifying authority and indicate jurisdictions to which such certification applies.

§ A.2 EXPERIENCE

§ A.2.1 Complete Exhibit D to describe up to four projects, either completed or in progress, that are representative of your organization’s experience and capabilities.

§ A.2.2 State your organization’s total dollar value of work currently under contract.

§ A.2.3 Of the amount stated in Section A.2.2, state the dollar value of work that remains to be completed:

§ A.2.4 State your organization’s average annual dollar value of construction work performed during the last five years.

§ A.3 CAPABILITIES

§ A.3.1 List the categories of work that your organization typically self-performs.

§ A.3.2 Identify qualities, accreditations, services, skills, or personnel that you believe differentiate your organization from others.

Fellows Park Improvements Project #1037926.000

AIA Document A305 – 2020 Exhibit A. Copyright © 2020. All rights reserved. “The American Institute of Architects,” “American Institute of

Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:49:21 ET on 07/30/2024 under Order No.3104241443 which expires on 03/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

§ A.3.3 Does your organization provide design collaboration or pre-construction services? If so, describe those services.

§ A.3.4 Does your organization use building information modeling (BIM)? If so, describe how your organization uses

BIM and identify BIM software that your organization regularly uses.

§ A.3.5 Does your organization use a project management information system? If so, identify that system.

§ A.4 REFERENCES

§ A.4.1 Identify three client references:

(Insert name, organization, and contact information)

§ A.4.2 Identify three architect references:

§ A.4.3 Identify one bank reference:

§ A.4.4 Identify three subcontractor or other trade references:

Fellows Park Improvements Project #1037926.000

Document A305® – 2020

Exhibit B

Financial and Performance Information

AIA Document A305 – 2020 Exhibit B. Copyright © 2020. All rights reserved. “The American Institute of Architects,” “American Institute of

Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 12:49:23 ET on 07/30/2024 under Order No.3104241443 which expires on 03/08/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (1349808201) added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

This Exhibit is part of the Contractor’s Qualification Statement, submitted by « » and

§ B.1 FINANCIAL

§ B.1.1 Federal tax identification number:

§ B.1.2 Attach financial statements for the last three years prepared in accordance with

Generally Accepted Accounting Principles, including your organization's latest balance sheet and income statement. Also, indicate the name and contact information of the firm that prepared each financial statement.

§ B.1.3 Has your organization, its parent, or a subsidiary, affiliate, or other entity having common ownership or management, been the subject of any bankruptcy proceeding within the last ten years?

§ B.1.4 Identify your organization’s preferred credit rating agency and identification information.

(Identify rating agency, such as Dun and Bradstreet or Equifax, and insert your organization’s…