Section 00002

Table of Contents

Page 00002-1 of 00002-2

SECTION 00002

TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING REQUIREMENTS

DIVISION 00 -- PROCUREMENT AND CONTRACTING REQUIREMENTS

00001 - Project Title Page

00002 – Table of Contents

00003 – Project Summary

00004 – Project Directory

00015 – Drawing List

00200 - Instructions To Bidders For Construction Contract

00410 - Bid Form

00430 - Bid Bond

00510 - Notice Of Award

00520 - Agreement Between Owner and Contractor for Construction Contract

00550 - Notice To Proceed

00610 - Performance Bond

00615 - Payment Bond

00620 - Contractor’s Application for Payment

00625 - Certificate Of Substantial Completion

00626 - Notice Of Acceptability of Work

00700 - Standard General Conditions of The Construction Contract

00800 - Supplementary Conditions of The Construction Contract

00820 - Additional State, Federal or Funding Agency Requirements

00830 - Permits

00840 - Prevailing Wage Rate Requirements

00940 - Work Change Directive

00941 - Change Order

00942 - Field Order

SPECIFICATIONS

DIVISION 01 -- GENERAL REQUIREMENTS

01200 - Price and Payment Procedures

01210 - Allowances

01220 - Unit Prices

01230 - Alternates

013000 - Administrative Requirements

013216 - Construction Progress Schedule

014000 - Quality Requirements

015500 - Vehicular Access and Parking

017000 - Execution and Closeout Requirements

017123 - Field Engineering

017419 - Construction Waste Management and Disposal

Section 00002

Table of Contents

Page 00002-2 of 00002-2

017800 - Closeout Submittals

SPECIAL CONDITIONS

199999.1 – Technical Specifications

199999.2 – Construction Restrictions

199999.3 – Maintenance and Protection of Traffic

Section 00003

Project Summary

Page 00003-1 of 00003-2

SECTION 00003

PROJECT SUMMARY

PART 1 GENERAL

1.01 PROJECT

A. Project Name: KEYSER VALLEY STORMWATER IMPROVEMENTS – CONTRACT 26-2

B. Owner's Name: CITY OF SCRANTON.

C. Engineer's Name: GREENMAN-PEDERSEN, INC. (GPI).

D. Additional Project contact information is specified in Section 000103 - Project Directory.

E. CONSTRUCTION AND IMPROVEMENTS OF THE EXISTING CITY OF SCRANTON STORMWATER

SYSTEM WITHIN THE KEYSER CREEK WATERSHED. WORK EXTENDS FROM THE INTERSECTION

OF BRIGGS STREET AND HORATIO AVENUE AND CONTINUES ABOVE NEWTON ROAD TO

ALLOW FOR THE INSTALLATION OF A REGIONAL DETENTION BASIN. ALL WORK IS WITHIN

THE LIMITS OF THE CITY OF SCRANTON.

1.02 CONTRACT DESCRIPTION

A. Contract Type: A single prime contract based on Unit Prices as described in Document 005000

- Contracting Forms and Supplements.

1.03 DESCRIPTION OF ALTERATIONS WORK

A. Scope of demolition and removal work is indicated on drawings.

B. Scope of alterations work is indicated on drawings.

1.04 OCCUPANCY

A. Public Rights-of-Way are intended to remain open for the duration of construction.

B. Work on Private Property will be occupied and remain in operation.

C. Cooperate with Owner to minimize conflict and to facilitate operations.

1.05 CONTRACTOR USE OF SITE AND PREMISES

A. Construction Operations: Limited to areas noted on Drawings.

1. Locate and conduct construction activities in ways that will limit disturbance to site.

B. Arrange use of site and premises to allow:

1. Occupancy.

2. Work by Others.

3. Use of adjacent site by the public.

C. Provide access to and from site as required by law and by Owner:

1. Emergency Building Exits During Construction: Keep all exits required by code open during construction period; provide temporary exit signs if exit routes are temporarily altered.

2. Do not obstruct roadways, sidewalks, or other public ways without permit.

D. Existing building spaces may not be used for storage.

E. Utility Outages and Shutdown:

1. Prevent accidental disruption of utility services to other facilities.

1.06 WORK SEQUENCE

Section 00003

Project Summary

Page 00003-2 of 00003-2

A. Coordinate construction schedule and operations with Engineer.

1.07 SPECIFICATION SECTIONS APPLICABLE TO EVERY CONTRACT

A. Unless otherwise noted, provisions of the sections listed below apply to every contract. Specific items of work listed under individual contract descriptions constitute exceptions.

B. Section 00004 - Project Directory.

C. Section 01200 - Price and Payment Procedures.

D. Section 01220 - Unit Prices.

E. Section 01230 - Alternates.

F. Section 01300 - Administrative Requirements.

G. Section 01321 - Construction Progress Schedule.

H. Section 01400 - Quality Requirements.

I. Section 01550 - Vehicular Access and Parking.

J. Section 01700 - Execution and Closeout Requirements.

K. Section 01780 - Closeout Submittals.

PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION - NOT USED

END OF SECTION 00002

Section 00004

Project Directory

Page 00004-1 of 00004-1

SECTION 00004

PROJECT DIRECTORY

PART 1 GENERAL

1.01 SECTION INCLUDES

A. Identification of project team members and their contact information.

1.02 OWNER:

A. Name: City of Scranton

1. Address Line 1: 340 N Washington Avenue.

2. City: Scranton.

3. State: Pennsylvania.

4. Zip Code: 18503.

5. Telephone: 570.348.4100.

B. Primary Contact: All correspondence from the Contractor to the Engineer will be through this party, unless alternate arrangements are mutually agreed upon at preconstruction meeting.

1. Title: Project Manager.

2. Name: Thomas Rable.

3. Email: trable@scrantonpa.gov.

1.03 CONSULTANTS:

A. Engineer: Design Professional of Record. All correspondence from the Contractor regarding construction documents authored by Engineer's consultants will be through this party, unless alternate arrangements are mutually agreed upon at preconstruction meeting.

1. Company Name: Greenman-Pedersen, Inc..

a. Address Line 1: 52 Glenmaura National Blvd..

b. Address Line 2: Suite 302.

c. City: Moosic.

d. State: Pennsylvania.

e. Zip Code: 18509.

f. Telephone: 570.342.3700.

2. Primary Contact:

a. Title: Project Manager.

b. Name: Matthew Chorba.

c. Email: mchorba@gpinet.com.

PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION - NOT USED

END OF SECTION 00004

This page intentionally left blank

Section 00015

List of Drawings

Page 00015-1 of 00015-1

SECTION 00015

LIST OF DRAWINGS

Keyser Valley Stormwater Improvements

City of Scranton, Lackawanna County, PA

SCR-2021234.00

Engineering Drawing List:

Contract 26-2:

C.S COVER SHEET

C-001 GENERAL NOTES

C-002 OVERALL PROJECT LEGEND

C-100 OVERALL EXISTING CONDITION PLAN

C-107 EXISTING CONDITION AND DEMOLITION

PLAN

C-108 EXISTING CONDITION AND DEMOLITION

PLAN

C-109 EXISTING CONDITION AND DEMOLITION

PLAN

C-110 EXISTING CONDITION AND DEMOLITION

PLAN

C-111 EXISTING CONDITION AND DEMOLITION

PLAN

C-112 EXISTING CONDITION AND DEMOLITION

PLAN

C-113 EXISTING CONDITION AND DEMOLITION

PLAN

C-114 EXISTING CONDITION AND DEMOLITION

PLAN

C-115 EXISTING CONDITION AND DEMOLITION

PLAN

C-116 EXISTING CONDITION AND DEMOLITION

PLAN

C-117 EXISTING CONDITION AND DEMOLITION

PLAN

C-200 OVERALL LAYOUT PLAN

C-207 LAYOUT PLAN

C-208 LAYOUT PLAN

C-209 LAYOUT PLAN

C-210 LAYOUT PLAN

C-211 LAYOUT PLAN

C-212 LAYOUT PLAN

C-213 LAYOUT PLAN

C-214 LAYOUT PLAN

C-215 LAYOUT PLAN

C-216 LAYOUT PLAN

C-217 LAYOUT PLAN

C-300 OVERALL GRADING AND DRAINAGE PLAN

C-307 GRADING AND DRAINAGE PLAN

C-308 GRADING AND DRAINAGE PLAN

C-309 GRADING AND DRAINAGE PLAN

C-310 GRADING AND DRAINAGE PLAN

C-311 GRADING AND DRAINAGE PLAN

C-312 GRADING AND DRAINAGE PLAN

C-313 GRADING AND DRAINAGE PLAN

C-314 GRADING AND DRAINAGE PLAN

C-315 GRADING AND DRAINAGE PLAN

C-316 GRADING AND DRAINAGE PLAN

C-317 GRADING AND DRAINAGE PLAN

C-318 REGIONAL BASIN GRADING PLAN

C-319 REGIONAL BASIN GRADING SECTIONS

C-322 SCHEDULE OF STORM STRUCTURES

C-323 SCHEDULE OF STORM PIPES

C-324 PCSM OPERATION AND MAINTENANCE

NOTES

C-400 OVERALL PCSM LANDSCAPE PLAN

C-407 LANDSCAPE PLAN

C-408 LANDSCAPE PLAN

C-409 LANDSCAPE PLAN

C-410 LANDSCAPE PLAN

C-411 LANDSCAPE PLAN

C-412 LANDSCAPE PLAN

C-413 LANDSCAPE PLAN

C-414 LANDSCAPE PLAN

C-415 LANDSCAPE PLAN

C-416 LANDSCAPE PLAN

C-417 LANDSCAPE PLAN

Section 00015

List of Drawings

Page 00015-2 of 00015-2

C-500 OVERALL EROSION AND SEDIMENT

CONTROL PLAN

C-507 EROSION AND SEDIMENT CONTROL PLAN

C-508 EROSION AND SEDIMENT CONTROL PLAN

C-509 EROSION AND SEDIMENT CONTROL PLAN

C-510 EROSION AND SEDIMENT CONTROL PLAN

C-511 EROSION AND SEDIMENT CONTROL PLAN

C-512 EROSION AND SEDIMENT CONTROL PLAN

C-513 EROSION AND SEDIMENT CONTROL PLAN

C-514 EROSION AND SEDIMENT CONTROL PLAN

C-515 EROSION AND SEDIMENT CONTROL PLAN

C-516 EROSION AND SEDIMENT CONTROL PLAN

C-517 EROSION AND SEDIMENT CONTROL PLAN

C-518 EROSION AND SEDIMENT CONTROL

NOTES

C-519 EROSION AND SEDIMENT CONTROL

NOTES

C-520 EROSION AND SEDIMENT CONTROL

DETAILS

C-521 EROSION AND SEDIMENT CONTROL

DETAILS

C-522 EROSION AND SEDIMENT CONTROL

DETAILS

C-523 EROSION AND SEDIMENT CONTROL

DETAILS

C-524 EROSION AND SEDIMENT CONTROL

DETAILS

C-525 EROSION AND SEDIMENT CONTROL

DETAILS

C-526 EROSION AND SEDIMENT CONTROL

DETAILS

C-527 EROSION AND SEDIMENT CONTROL

PROFILES AND SECTIONS

C-600 CONSTRUCTION DETAILS

C-601 CONSTRUCTION DETAILS

C-602 CONSTRUCTION DETAILS

C-603 CONSTRUCTION DETAILS

C-604 CONSTRUCTION DETAILS

C-605 CONSTRUCTION DETAILS

C-606 CONSTRUCTION DETAILS

C-607 CONSTRUCTION DETAILS

C-608 CONSTRUCTION DETAILS

C-609 PCSM NOTES

C-610 PCSM NOTES

C-705 STORM SEWER PROFILES

C-706 STORM SEWER PROFILES

C-707 STORM SEWER PROFILES

C-708 STORM SEWER PROFILES

C-709 STORM SEWER PROFILES

C-710 STORM SEWER PROFILES

C-711 STORM SEWER PROFILES

C-712 STORM SEWER PROFILES

C-713 STORM SEWER PROFILES

C-714 CHANNEL PROFILES

C-715 CHANNEL PROFILES

Contract 2 Associated Drawing Index:

Newton Road HOP:

C.S. COVER SHEET

2 OF 11 GENERAL NOTES

3 OF 11 EXISTING SITE PLAN

4 OF 11 PROPOSED OVERALL SITE PLAN

5 OF 11 PROPOSED SITE PLAN

6 OF 11 PROPOSED PROFILES

7 OF 11 TYPICAL SECTIONS

8 OF 11 DETAILS

9 OF 11 DETAILS

10 OF 11 MPT NOTES

11 OF 11 MPT FIGURES

Basin Driveway HOP:

C.S. COVER SHEET

2 OF 10 GENERAL NOTES

3 OF 10 EXISTING SITE PLAN

4 OF 10 OVERALL GRADING PLAN

5 OF 10 PROPOSED ACCESS ROAD PLAN

& PROFILE

6 OF 10 STORM PROFILE-ROADWAY

SECTION

7 OF 10 CONSTRUCTION DETAILS

8 OF 10 CONSTRUCTION DETAILS

9 OF 10 MPT FIGURES

10 OF

MPT NOTES

EJCDC® C-200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page1 of 1

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes ................................................................... Error! Bookmark not defined.

Article 22— Contracts to Be Assigned ........................................................... Error! Bookmark not defined.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 1—DEFINED TERMS

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

A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.02 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by

Owner.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidders are to prepare and submit all documents in accordance with the City of Scranton’s

Procurement Portal.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A non-mandatory pre-bid conference will be held at the time and location indicated in the

Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid.

4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain

Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental

Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any

Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the

Supplementary Conditions. Bidder is responsible for any interpretation or conclusion

Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of

Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in

Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the

Site.

B. A Site visit is scheduled following the pre-bid conference. Maps to the Site will be available at the pre-Bid conference.

C. Bidders visiting the Site are required to arrange their own transportation to the Site.

D. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

5.04 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the

Site by Owner or others (such as utilities and other prime contractors) and relates to the

Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the

Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the

Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to

Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. Questions shall be submitted through the City of Scranton’s Procurement Portal.

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract

Documents unless set forth in an Addendum that expressly modifies or supplements the Contract

Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security in accordance with the City of Scranton’s Procurement

Portal.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required

Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if

Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the

Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

ARTICLE 9—CONTRACT TIMES

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

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

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

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of

“or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective

Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the Work within five days after Bid opening.

11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such

Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent

Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the

Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in

Paragraph 7.07 of the General Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included on the City of Scranton Procurement Portal.

A. All blanks on the Bid Form must be completed. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the

Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the

Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

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

12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink below the signatures.

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the

Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 13—BASIS OF BID

13.01 Unit Price

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

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the

Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

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

13.02 Alternates

A. Bidders must submit a Bid on a unit price basis for the base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form.

The price for each alternate will be the amount added to or deleted from the base Bid if

Owner selects the alternate.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form.

13.03 Allowances

A. For cash allowances the Bid price must include such amounts as the Bidder deems proper for

Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General

Conditions.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 14—SUBMITTAL OF BID

14.01 Bids shall be submitted electronically in accordance with the City of Scranton Procurement Portal requirements.

14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the

Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the

Advertisement.

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

Bidder unopened.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

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

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

15.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 16—OPENING OF BIDS

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

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor

Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the

Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then

Owner will reject the Bid as nonresponsive.

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

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the

Bid Form or prior to the Notice of Award.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner will announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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

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

ARTICLE 19—BONDS AND INSURANCE

19.01 Refer to City of Scranton RFP, 3. General Conditions, Q. Proposal Insurance Requirements.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful

Bidder, together with printed and electronic copies of the Contract Documents as stated in

Paragraph 2.02 of the General Conditions.

EJCDC® C-410, Bid Form for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID FORM FOR CONSTRUCTION CONTRACT

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to

Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to:

CITY OF SCRANTON

340 NORTH WASHINGTON AVENUE

SCRANTON, PA 18503

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

ARTICLE 2—ATTACHMENTS TO THIS BID

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

A. REFER TO CITY OF SCRANTON INVITATION TO BID.

ARTICLE 3—BASIS OF BID-LUMP SUM BID AND UNIT PRICES

3.01 Unit Price Bids

A. Bidder will perform the following Work at the indicated unit prices:

Item

No.

Description Unit Estimated

Quantity

Bid Unit Price Bid Amount

FOR REFERENCE ONLY - BIDDER SHOULD COMPLETE

THE BID FORM on the EXCEL SPREADSHEET

Total of All Unit Price Bid Items $

B. Bidder acknowledges that:

1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover

Contractor's overhead and profit for each separately identified item, and

2. estimated quantities are not guaranteed, and are solely for the purpose of comparison of

Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 4—TIME OF COMPLETION

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

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

ARTICLE 5—BIDDER'S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

5.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

5.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

5.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda: [Add rows as needed. Bidder is to complete table.]

Addendum Number Addendum Date

ARTICLE 6—BIDDER'S REPRESENTATIONS AND CERTIFICATIONS

6.01 Bidder's Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.

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

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the

Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Bidder has carefully studied the reports and drawings relating to Hazardous

Environmental Conditions, if any, at or adjacent to the Site that have been identified in

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical

Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and

(c) Bidder's (Contractor's) safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract

Times, and in accordance with the other terms and conditions of the Contract.

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

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

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

11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

6.02 Bidder's Certifications

A. The Bidder certifies the following:

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

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

3. Bidder has not solicited or induced any individual or entity to refrain from bidding.

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A:

a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process.

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels.

d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BIDDER hereby submits this Bid as set forth above:

Bidder:

(typed or printed name of organization)

By:

(individual's signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.

Attest:

(individual's signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

Address for giving notices:

Bidder's Contact:

Name:

(typed or printed)

Title:

(typed or printed)

Phone:

Email:

Address:

Bidder's Contractor License No.: (if applicable)

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID BOND (PENAL SUM FORM)

Bidder Surety

Name: [Full formal name of Bidder] Name: [Full formal name of Surety]

Address (principal place of business): Address (principal place of business):

[Address of Bidder’s principal place of business] [Address of Surety’s principal place of business]

Owner Bid

Name: CITY OF SCRANTON

Project (name and location):

Address (principal place of business): CITY OF SCRANTON

KEYSER VALLEY STORMWATER IMPROVEMENTS –

CONTRACT 26-2 340 N WASHINGOTN AVE.

SCRANTON, PA 18503

Bid Due Date: [Enter date bid is due]

Bond

Penal Sum: [Amount]

Date of Bond: [Date]

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

Bidder Surety

(Full formal name of Bidder) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.

Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding

Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation will be null and void if:

3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents

(or any extension thereof agreed to in writing by Owner) the executed Agreement required by the

Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents

(or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

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

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

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

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

8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by

United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned.

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

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

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

EJCDC® C-510, Notice of Award.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

NOTICE OF AWARD

Date of Issuance:

Owner: Owner’s Project No.:

Engineer: Engineer’s Project No.:

Project:

Contract Name:

Bidder:

Bidder’s Address:

You are notified that Owner has accepted your Bid dated [date] for the above…