splash_pad_specs_and_bid_docs_(1).pdf

SPECIFICATIONS AND BIDDING DOCUMENTS

CAPOUSE AVE PARK SPLASH PAD INSTALLATION

i

The City of Scranton

Capouse Avenue Park Splash Pad Installation

Specifications and Bidding Documents

March 18, 2025 ii

TABLE OF CONTENTS

DIVISION 1: BIDDING DOCUMENTS

Instructions to Bidders – Document 00100 ............................................................ 1-13

BID SUBMISSION FORMS

Contractor Information Form

Statement of Bidder’s Qualifications

Bid Proposal ............................................................................................................. 17-23

- Line Item / Summary Bid Forms ...................................................................... 19-23

Bid Bond ................................................................................................................. 24-25

Contractor Schedule

Certificate of Non-Segregated Facilities

Non-Collusion Affidavit of Prime Bidder

Non-Discrimination/Sexual Harassment Clause ...................................................... 29-30

Employment Verification Form

Certification of Non-Employment of Illegal Alien Labor

Certificate of Bidder Regarding Equal Employment Opportunity

POST-BID AWARD FORMS & REFERENCES

Sample Contractual Agreement .............................................................................. 35-37

- Performance Bond ............................................................................................ 38-39

- Payment Bond ................................................................................................... 40-43

- Maintenance Bond ........................................................................................... 44-45

Application for Payment Template

Change Order Template

DIVISION 2: GENERAL CONDITIONS – PART I

Summary – Section 01100 ....................................................................................... 48-49

Work Restrictions – Section 01140

Contract Modification Procedures – Section 01250

Payment Procedures – Section 01290 ...................................................................... 52-53

Project Management and Coordination – Section 01310 ........................................ 54-57

Sequence of Construction and Milestones – Section 01311 .................................... 58-62

Construction Progress Documentation – Section 01320 ......................................... 63-65

Submittal Procedures – Section 01330 .................................................................... 66-70

Quality Requirements – Section 01400 ................................................................... 71-74

References – Section 01420 ..................................................................................... 75-76

Product Requirements – Section 01600 ................................................................... 77-81

Execution Requirements – Section 01700 ............................................................... 82-84

Closeout Procedures – Section 01770...................................................................... 85-88

Miscellaneous – Section 01780 ............................................................................... 89-94

Dispute Resolution – Section 01790 ........................................................................ 95-96 iii

DIVISION 3: PREVAILING WAGES

PA Prevailing Wage Rates

DIVISION 4: TECHNICAL SPECIFICATIONS & PRODUCT CUT SHEETS

Technical Specifications Summary:

Refer to specifications contained withing the Project Drawings

Product Information Cut Sheets:

N/A; Refer to products contained withing the Project Drawings

INSTRUCTIONS TO BIDDERS

DIVISION 1: BIDDING DOCUMENTS

DOCUMENT 00100 - INSTRUCTIONS TO BIDDERS

Note: For this document, the word owner is synonymous with the City of Scranton

PREFACE

The City of Scranton invites you to submit a proposal with the intent of entering into a Contract with The City of Scranton for construction services at Capouse Avenue Park, Scranton, PA.

Work will include, but is not necessarily limited to, furnishing all labor, materials, equipment and all incidental appurtenances, accessories, fixtures and hardware necessary for proper completion of the following scope of work: finish grading; installation of splash pad fixtures, plumbing, and wiring;

installation of splash pad mechanical room equipment and accompanying site features; connections to utilities on site and/or within building; subbase preparation and pouring/placement/finishing of splash pad concrete surface and 5’ spray free concrete area around splash pad; and other work associated with the construction and operation of the splash pad to produce a complete and properly operating splash pad. Scope of work to be performed, features to be installed, and associated specifications and details contained within the plans titled “Capouse Ave Park,” as prepared by Vortex USA, Inc.

The splash pad fixtures, and associated mechanical room equipment and site features have been purchased by and are in the possession of the City of Scranton. A list of splash pad equipment to be provided by the City and utilized by the installing contractor will be provided on the City’s Bid

Procurement Portal. The City will contract with Others for subgrade preparation of the splash pad area (to rough subgrade elevations), as well as to supply and erect the building which is to house the splash pad mechanical equipment.

1. QUALIFICATIONS OF BIDDERS

1.01 Bidder may be investigated by Owner to determine if they are qualified to perform the Work. Upon Owner’s or Design Team’s request, Bidder shall submit with the Bid written evidence such as financial data, previous experience, present commitments and other data as required by the Qualification Statement. Owner may request the most recent financial statement from one or more Bidders. All Bidders shall be prepared to submit within three (3) days of a request by Owner or Design Team, written evidence of such information and data necessary to respond to Owner’s requests specifically and completely.

1.02 Owner will investigate Bidder to determine whether the organization is adequate in size, is authorized to do business in the jurisdiction where the project is located, has had previous experience, has available equipment and financial resources that are adequate to assure Owner that the Work will be completed in accordance with the terms of the Agreement and is otherwise a responsible contractor under the provisions of applicable law. The amount of other work to which Bidder is committed may also be considered.

1.03 In evaluating Bids, Owner will consider the qualifications of only those Bidders whose Bids are in compliance with and responsive to the prescribed requirements.

1.04 Owner reserves the right to reject any Bid if the evidence submitted by, or the investigation of, such Bidder fails to satisfy Owner that such Bidder is a responsible contractor and properly qualified to carry out the obligations of the Contract

Documents and to complete the Work contained therein.

1.05 In accordance with PA Act 127, concerning public works employment verification, Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to confirm the employment eligibility of all persons employed by Contractor during the term of the Contract to perform employment duties within Pennsylvania and all persons, including subcontractors, assigned by Contractor to perform Work pursuant to the Contract with Owner. Contractor shall complete the Public Works

Employment Verification Form found on the Pennsylvania Department of General

Services website at the following address and provide a copy to Owner:

http://www.dgs.pa.gov/Businesses/Materials%20and%20Services%20Procurement/P ublic-Works-Employment-Verification/Pages/default.aspx#.WMgGmJ3D-h.

2. COPIES OF CONTRACT DOCUMENTS

2.01 Contract Documents, including Construction Drawings and a Project Manual with

General Conditions, Technical Specifications, and Bid Submission Forms may be obtained digitally through the City of Scranton’s e-Procurement Portal. Addenda, if any, will be issued only to those persons whose name, email and address are on record as having obtained contract documents.

2.02 Complete sets of Contract Documents shall be used in preparing Bids; neither Owner nor Consultants assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of contract documents.

2.03 The Owner and Design Team provide the Contract documents only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

3. USE OF SEPARATE BID FORMS

3.01 The Project Manuals are not to be detached, filled out, or executed. Separate copies of bid forms and contractual documents have been furnished for the submission of

Bids (*) and will be provided, as needed, after bid award (**).

The forms and documents include the following:

Bid Submission Forms*

a. Contractor Information Form

b. Statement of Bidder’s Qualifications

c. Bid Proposal

- Line Item / Summary Bid Form(s)

d. Bid Bond

e. Contractor Schedule

f. Certification of Non-Segregated Facilities

g. Non-Collusion Affidavit of Prime Bidder

h. Non-Discrimination/ Equal Opportunity/Sexual Harassment Policy

i. Public Works Employment Verification Form

* Required for Bid Submission

** Required after Bid Award

*** Use as/when needed

j. Certification of Non-Employment of Illegal Alien Labor

k. Certificate of Bidder Regarding Equal Employment Opportunity

Post-Bid Award Forms **

a. Contractual Agreement

- Performance Bond

- Payment Bond

- Maintenance Bond

References ***

a. Application for Payment

b. Change Order Form

c. Steel Products Procurement Affidavit

4. PROJECT BID & AWARD CLARIFICATION

4.01 The City of Scranton intends to enter into one contract with the lowest, most responsible bidder; however, the City of Scranton reserves the right to reject any or all bids or any part of any bid and to waive any or all irregularities, mistakes, omissions or informalities relative thereto.

4.02 The provided Statement of Bidder’s Qualifications will be reviewed to assure the apparent low bidder is qualified.

5. INTERPRETATIONS

5.01 No oral interpretation will be made to any Bidder as to the meaning of the Contract

Documents of any part thereof. Every request for such an interpretation shall be made through the e-Procurement Portal. Any inquiry received by the deadline stipulated by the City on the e-Procurement Portal will be given consideration. Every interpretation made to a Bidder will be in the form of an Addendum to the Contract

Documents, and when issued, will be posted on the e-Procurement Portal at least two

(2) days before Bids are opened.

5.02 In addition, all Addenda will be emailed to each person holding Contract Documents, but it shall be the Bidder’s responsibility to make inquiry as to the Addenda issued.

All such Addenda shall become part of the Contract and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

6. EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITE

6.01 Before submitting a Bid, each Bidder must:

a. Each Bidder should visit the site of the proposed work and fully acquaint themselves with the existing conditions as related to project construction and labor; and they should fully inform themselves as to the facilities involved, and any difficulties or restrictions that may impact successful performance of the Contract. A pre-bid conference will be held at a time and place to be determined by the City and posted on the e-Procurement Portal.

b. Examine the Contract Documents thoroughly; The Bidder should thoroughly examine and familiarize themselves with the Drawings, Technical Specifications, and all other Contract Documents. The contractor by the execution of the Contract shall in no way be relieved of any obligation under it due to their failure to receive or examine any form or legal instrument or to visit the site and acquaint themselves with the existing conditions.

c. Visit the site to become familiar with local conditions that may in any manner affect cost, progress or performance of the Work;

d. Become familiar with Federal, State and local laws, ordinances, rules and regulations and other provisions of Applicable Law that may in any manner affect cost, progress or performance of the Work;

e. Study and carefully correlate Bidder's observations with the requirements of the

Contract Documents;

f. Consider the information known to Bidder; information commonly known to contractors doing work in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs;

g. Agree that, at the time of the submission of his Bid, no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding

Documents;

h. Promptly give the Design Team written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by the Design Team is acceptable to Bidder;

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

j. Agree that the Bidder will furnish labor that can reasonably be expected to work in harmony with all other elements of labor to be employed on the Project.

6.02 Surveys and other reports of subsurface or latent physical conditions at the site which have been relied upon by the Design Team in preparing the Contract Documents are identified in these Instructions to Bidders. Copies of these reports are included in the

Project Manual. These reports are not guaranteed or warranted as to accuracy or completeness, nor may they be relied upon except to the extent permitted by other provisions of these Contract Documents.

6.03 Before submitting a Bid, Bidders may, at their own expense, make such additional investigations and tests as they may deem necessary to determine their Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

6.04 On request, The City of Scranton may provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for the submission of a

Bid. Bidder shall clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable laws and regulations, including those related to excavation and utility locations.

6.05 The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the General Conditions or on the Drawings.

6.06 The Contract Documents contains performance criteria for material and equipment that meet the intent of the design for a complete project. Where no specific manufacturers are named, performance criteria are specified for Contractor’s use in choosing the appropriate material or manufacturer for review and approval. Whenever it is specified or described in the project manual that an “or-equal” item of material or equipment may be furnished or used by Contractor, and Contractor wishes to furnish and install an item that is not named, the procedures for submission of any such application by

Contractor and consideration by the Design Team are set forth in the General

Conditions.

6.07 The submission of a Bid will constitute an incontrovertible representation that the

Bidder has (1) obtained, reviewed, and included in its Bid all Addenda; (2) complied with every requirement of this Article 3; and (3) that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

7. ALTERNATIVE BIDS

7.01 No alternative bids will be considered outside of the alternative bids that are specifically requested.

8. BID SUBMISSION

a. All Bids must be submitted on forms supplied by The City of Scranton within the

Project Manual and shall be subject to all requirements of the Contract Documents, including the Drawings, and these INSTRUCTIONS TO BIDDERS. All Bids must be regular in every respect and no interlineations, excisions or special conditions shall be made or included in the Bid Form by the Bidder.

b. The City of Scranton may consider irregular any Bid on which there is an alteration of or departure from the Bid Form hereto attached and at its option may reject the same.

9. BID GUARANTY

a. The bid must be accompanied by a secured Bid Guaranty which shall not be less than ten percent (10%) of the amount of the Bid. At the option of the Bidder, the guaranty may be a certified, bank draft, negotiable U.S. Government Bonds (at par value), or a

Bid Bond in the form attached. The Bid Bond shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570. The amount of such Bid Bond shall be within the maximum amount specified for such Company in said Circular 570. No Bid will be considered unless it is accompanied by the required guaranty. Certified Check or Bank Draft must be payable to The City of

Scranton. Cash deposits will not be accepted. The Bid Guaranty shall insure the execution of the Agreement and the furnishings of the Surety Bond or Bonds by the successful Bidder, all as required by the Contract Documents.

b. Revised Bids submitted before the opening of Bids, whether forwarded by mail, if representing an increase in excess of two percent (2%) of the original Bid, must have the Bid Guaranty adjusted accordingly; otherwise the Bid will not be considered.

c. Certified Checks or Bank Drafts, or the amount thereof, Bid Bonds, and negotiable

U.S. Government Bonds of unsuccessful Bidders will be returned as soon as practical after the openings of the Bids.

10. ADDITIONAL REQUIRED BONDS

10.01 The Public Works Contractors’ Bond Law of 1967 requires that all construction contracts in excess of $10,000 be accompanied by a Performance Bond and a Labor and Material Payment Bond, unless current municipal codes are more restrictive. Each bond must be in the amount of 100% of the contract award price. These bonds must be secured from an agency or firm approved by the Commonwealth’s Department of

Insurance to do business in Pennsylvania. These bonds may be substituted with other acceptable forms of financial security by the Municipal Grantee (Act 171 of 1991, 8

P.S. 193, 1967, P.L. 869 No. 385).

10.02 A Maintenance Bond is also being required to protect the Grantee from faulty or defective work by the contractor. This bond should cover a period of one year following completion of the project and should be in an amount of 100% of the contract price.

10.03 All Bonds must be furnished within ten (10) days of the award on companies licensed to do business in Pennsylvania. All bonds must be secured.

11. COLLUSIVE AGREEMENTS

11.01 Each bidder submitting a Bid to The City of Scranton for any portion of the work contemplated by the documents on which bidding is based shall execute and attach thereto, an affidavit substantially in the form herein provided, to the effect that they have not colluded with any other person, firm or corporation regarding any Bid submitted.

12. USE OF SUBCONTRACTORS

12.01 Before executing any subcontract, the successful Bidder shall submit the name and qualifications of any proposed subcontractor for approval by The City of Scranton and the Design Team.

13. STATEMENT OF BIDDER’S QUALIFICATIONS

13.01 Each Bidder shall submit on the form furnished for that purpose, within this manual, a statement of the Bidder’s qualifications, their experience record in constructing the type of improvements detailed in the Contract documents, and equipment available for the work contemplated; and, when specifically requested by The City of Scranton, a detailed financial statement. The right is reserved by The City of Scranton to reject any Bid where an investigation of the available evidence or information does not satisfy The City of Scranton that the Bidder is qualified to carry out properly the terms of the Contract.

14. UNIT PRICES

Unit prices are requested on the included bid form.

15. CORRECTIONS

Erasures or other changes in the Bids must be explained or noted over the signature of the

Bidder, and initialed.

16. TIME FOR RECEIVING BIDS

a. Bids received prior to the advertised hour of opening will be securely kept, sealed.

b. Bidders are cautioned that, while modifications of Bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the Bid so modified or amended, subject to rejection.

17. OPENING OF BIDS

At the time and place fixed for the opening of Bids (See Invitation to Bidders), The City of

Scranton will cause to be opened and publicly read aloud every Bid received within the time set for receiving Bids, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person or by representative.

18. WITHDRAWAL OF BIDS

18.01 Bids may be withdrawn on written or request dispatched by the Bidder in time for delivery in the normal course of business to the time fixed for opening; provided, that written confirmation of any withdrawal over the signature of the Bidder is placed in the mail and postmarked prior to the time set for Bid opening. The Bid guaranty of any Bidder withdrawing his Bid in accordance with the foregoing conditions will be returned promptly.

18.02 All bids shall be considered binding and shall not be withdrawn for a period of thirty (30) calendar days from the bid opening date without the consent of The

City of Scranton

19. AWARD OF CONTRACT: REJECTION OF BIDS

19.01 Bidders shall submit a Bid on a lump sum basis for the Line Items listed on the bid form(s).

19.02 The Owner intends to award one contract.

19.03 The contract will be awarded to the lowest responsible and responsive Bidder based on the bid. Such a Bidder shall possess the skill, ability, and integrity necessary for the faithful performance of the work. The term "lowest responsible bidder" as used herein shall mean the Bidder whose Bid is the lowest of those Bidders and who possesses the skill, ability and integrity necessary to the faithful performance of the

Work in accordance with applicable law.

19.04 The Bidder to whom the award is made will be notified at the earliest possible date after internal bid review. The City of Scranton, however, reserves the right to reject any and all Bids and to waive any informality in Bids received whenever such rejection or waiver is in its interest.

19.05 The failure of the Bidder to submit with his completed and executed Bid Form, Non-

Collusion Affidavit, Bid Security, other documents listed on the Bid Form, and other

Contract Documents required herein, or to provide a complete document, shall be conclusively treated as an irregularity which, in the discretion of Owner may be ignored and the Bid accepted, provided that the omitted document or missing portion of the document is submitted after the Bid within three days of written notice from

Owner of the deficiency and of the opportunity to cure.

19.06 A Bid which includes for any item a Bid Price that is abnormally low or high may be rejected as unbalanced.

19.07 The City of Scranton reserves the right to consider as unqualified to do the work of general construction any Bidder who does not habitually perform with own forces the major portions of the work involved in construction of the improvements embraced in this Contract.

19.08 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of

Award within 60 calendar days with an additional sixty calendar days if the award is delayed by the required approval of another government agency, the sale of bonds or award of a grant, after the actual date of the opening of Bids. All Bids shall remain open for 60 calendar days with an additional 60 calendar days if the award is delayed by the required approval of another government agency, the sale of bonds or award of a grant, after the actual date of the opening of the Bids but Owner may, at Owner's sole discretion, release any Bid and return the Bid Security prior to that date.

19.09 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

19.10 Provisions for liquidated damages, if any, are set forth in the Agreement.

20. EXECUTION OF AGREEMENT: PERFORMANCE, PAYMENT AND CONSENT OF

SURETY COMPANY TO FINAL PAYMENT

a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to The City of

Scranton a Contractual Agreement in the form included in the Contract Documents, or approved equal, in such number of copies as The City of Scranton may require.

b. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful Bidder shall, within the period specified in paragraph “a.” above, furnish a surety bond in a penal sum not less than the amount of the Contract as awarded, as security for the faithful performance of the Contract, and for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work.

Such bond shall be in the form as that included in the Contract Documents and shall bear the same date as, or a date subsequent to that of the Agreement. The current power of attorney for the person who signs for any surety company shall be attached to such bond. This bond shall be signed by a guaranty or surety company listed in the latest issue of the U.S. Treasury Circular 570 and the penal sum shall be within the maximum specified for such company in said Circular 570. Also, the successful

Bidder shall furnish Consent of Surety Company to Final Payment solely for the

Surety Company to approve final payment to the successful bidder and guarantee that final payment to the successful bidder shall receive the Surety Company of any of its obligations to The City of Scranton.

- Attachments to the contractual agreement include a Performance Bond, Labor and Material Payment Bond, and a Maintenance Bond

c. The failure of the successful Bidder to execute such Agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as The City of Scranton may grant, based upon reasons determined sufficient by The City of Scranton may either award the Contract to the next lowest responsible Bidder or re-advertise for Bids, and may charge against the Bidder the difference between the amount of the Bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus done exceeds the amount of the Bid Bond. If a more favorable Bids received by re-advertising the defaulting Bidder shall have no claim against The City of Scranton for a refund.

21. SAFETY AND HEALTH REGULATIONS

21.01 This project is subject to the Safety and Health Regulations (CFR 29, Part 1926 and all subsequent amendments) as promulgated by the U.S. Department of Labor on

June 24, 1974 and CFR 29, Part 1910, General Industry Safety and Health

Regulations Identified as Applicable to Construction.

21.02 The Successful Bidder shall comply with the Department of Labor Safety and Health

Regulations for Construction promulgated under the Occupational Safety and Health

Act of 1970 (PL-91-596) and under Section 107 of the Contract Work Hours and

Safety Standards Act (PL-91-54).

21.03 The Successful Bidder shall have a competent person or persons, as required under the Occupational Safety and Health Act on the Site to inspect the Work and to supervise the conformance of the Work with the regulations of the Act.

21.04 The Successful Bidder shall comply with Owner’s safety program.

22. ACCESS TO WORK

22.01 Representatives of Owner and any local agencies having a direct interest in the work shall have access to the work under this contract, whether it is in the preparation or progress, and Contractor shall provide proper facilities for such access and inspection.

23. WAGES AND SALARIES

23.01 Minimum wage rates as determined by the Commonwealth of Pennsylvania, Department of Labor and Industry, Prevailing Wage Division, shall apply to this project. The rates of pay set forth under General Conditions Part II are the minimum to be paid during the life of the Contract.

22.02 It is therefore the responsibility of Bidders to inform themselves as to local labor conditions, such as the length of workday and workweek, overtime compensations, health and welfare contributions, labor supply and prospective changes or adjustments or rates.

22.03 It is the responsibility of the Bidder, before the bid opening, to request, if necessary, any additional information on Minimum Wage Rates for those trades people who may be employed for the proposed work under this Contract. (See General

Conditions Part II.)

24. EQUAL EMPLOYMENT OPPORTUNITY

Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, sex, color, national origin, or religion. Each bidder must submit a completed Certification of Bidder

Regarding Equal Employment Opportunity.

25. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS

Attention of Bidders is particularly called to the necessity of complying with all Federal, State, and Local laws and regulations including but not limited to the following: Act 247-

1972; Act 287-1974; Federal Occupational Safety and Health Act of 1970; Pennsylvania

Human Relations Act #222, as amended; Pennsylvania Act 172 of 1986; Architectural

Barriers Act of 1968 and Section 504 of the Rehabilitation Act of 1973; PA Act 235 of 1965, as amended, Universal Accessibility Act; and American’s with Disabilities Act (ADA) of

1990. See Division 3 in this Project Manual.

26. EMPLOYMENT OF LOWER INCOME RESIDENTS AND BUSINESS UTILIZATION

Bidders are encouraged to employ lower income residents of and utilize businesses within the locality (The City of Scranton) where the work is to be done.

27. ANTI-DISCRIMINATION CLAUSE

Contractor will not discriminate against any employee or applicant for employment because of race, sex, creed, color, age, disability, genetic information or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, creed, sex or national origin.

Such action shall include, but is not limited to, the following: employment upgrading, redemption or transfer; recruitment, or recruitment advertising layoff or termination; rates or pay or other forms of compensation; and selection for training, including apprenticeship.

Contractor agrees to post in conspicuous places, available to employees and applications for employment, notices setting forth the provisions of this nondiscrimination clause.

28. COMMENCEMENT AND COMPLETION OF WORK; LIQUIDATED DAMAGES

a. The Work shall commence within ten (10) work days of issuance of a Notice to

Proceed from The City of Scranton after contractual documents have been executed.

b. All Work shall be fully completed, such that the design team can approve the job and

The City of Scranton shall be in position to issue a Final Certificate for Payment, by the end of September 2025. For each day after the deadline, for which Work is not fully completed, the Contractor may be required to pay liquidated damages in the amount of $200.00 per day until such time as the Work is fully completed and such

Final Certificate for Payment is issued. At that time, The City of Scranton may, in its discretion, apply against the final payment to be made to the Contractor the costs accrued by the contractor from liquidated damages. The Contractor acknowledges and agrees that such amount of liquidated damages is reasonable and constitutes just compensation for the anticipated and actual harm that will be incurred by The City of

Scranton if the Work is not fully completed by the deadline, and that the actual harm which may be incurred by The City of Scranton cannot be estimated with certainty and without difficulty. It is understood that adverse weather and winter conditions within Pennsylvania may be a justified reason that pushes back the completion date;

however, the contractor is responsible for documenting lost time due to weather and they must be diligent in corresponding with The City of Scranton and the design team about any delays in a timely manner.

29. EROSION AND SEDIMENTATION CONTROLS

29.01 Splash Pad Installer shall coordinate with Site Contractor as to Erosion and

Sedimentation Control Measures for the site, and shall observe and not cause damage to any Best Management Practices.

30. STEEL PRODUCTS PROCUREMENT

30.01 The successful Bidder agrees to comply with the provision of the Steel Products

Procurement Act of March 3, 1978, as amended (73 P.S. § 1881 et seq.). Information regarding the Act’s requirements, including a list of exempt products, is available on the website of the Department of General Services at:

http://www.dgs.pa.gov/Businesses/Design-and-Construction/Steel-Products-Act-

Exemptions/Pages/default.aspx

31. MEASUREMENT AND PAYMENT

31.01 All work on the Drawings and described in the Contract Documents is to be paid for under the bid items listed on the proposal forms. The absence from the proposal form of a bid item specifically describing work shown on or required by the Contract

Documents means that the costs of any such work shall be included in the prices bid for adjacent, associated, or related items for which quantities have been established.

31.02 Payment for the materials furnished and the work performed under the Contract

Documents, will be made as stipulated in the Contract Documents for the amount of materials supplied and the work actually done under authorization of the design team and in accordance with the actual measurements.

31.03 The Contractor shall not proceed with any quantities of work beyond that specifically shown on or specifically described in the Contract Documents without the written authorization of the Design Team. Any such work undertaken without authorization shall be subject to exclusion from measurement for payment under the terms of these

Contract Documents at the discretion of the Owner.

31.04 All work completed under the Contract shall be measured by the Design Team according to United States standard measure. The method of measurement and computations to be used in the determination of quantities of materials furnished and of work performed under the Contract will be those methods generally recognized as conforming to good engineering practices.

31.05 All material that is to be measured by weight shall have a weight ticket signed by an approved certified weigh master and shall be presented to the Design Team when received on the job site.

31.06 When requested by the Contractor and approved by the Design Team in writing, material specified to be measured by the cubic yard may be weighed and such weights will be converted to cubic yards for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Design Team and shall be agreed to by the Contractor before such method of measurement of pay quantities is used.

32. PAY APPLICATIONS

32.01 Contractor shall use a standard AIA Document G702 – 1992 Application and

Certificate for Payment form for their pay applications. Item descriptions should follow the bid form in this project manual. Contractor will withhold 10% retainage throughout project. After substantial completion, and upon authorization from design team, retainage will drop to 5% as final punch list items, if any, are being completed.

32.01 Contractor shall use a standard AIA Document G701 – 2017 for any change orders.

33. THE CITY OF SCRANTON REQUIREMENTS FOR THIS PROJECT

- A building permit is required to be obtained by the contractor; the City will waive any permit fees for this project.

- All work within the City is to be completed by an insured licensed contractor with experience, knowledge, and a general understanding of the nature of work to be preformed. Refer to the City website for more information on contractor licensing requirements

(https://scrantonpa.gov/your-government/department-of-community-development/code-enforcement/construction-permits/)

- Contractor must cover costs of third-party testing during construction (compaction, concrete, footer inspections, etc.).

BID PROPOSAL SUBMISSION FORMS

NAME OF BIDDER: _____________________________________________

BID SUBMISSION FORMS

- Contractor Information Form

- Statement of Bidder’s Qualifications

- Contractor Bid Proposal Form o Itemized Bid Form o Summary Bid Forms

- Bid Bond (10%)

- Contractor Schedule

- Certificate of Non-Segregated Facilities

- Non-Collusion Affidavit

- Non-Discrimination/Equal Opportunity/Sexual Harassment Policy

- Employment Verification Form

- Certification of Non-Employment Illegal Alien Labor

- Certificate of Bidder Regarding Equal Employment Opportunity

All Bidders are required to submit these Bid Submission Forms

CONTRACTOR INFORMATION FORM

CONTRACTOR INFORMATION FORM

NAME OF FIRM ___________________________________________________________

ADDRESS _________________________________________________________________

AUTHORIZED SIGNATURE _________________________________________________

TYPED NAME AND TITLE __________________________________________________

PHONE NO.____________________________ FAX_____________________________

EMAIL ____________________________________________________________________

EMERGENCY (24-HOUR) PHONE NO. ________________________________________

U.S. TREASURY EMPLOYER’S IDENTIFICATION NO. __________________________

SUBCONTRACTORS (NAME/TASK)? [LIST, IF APPLICABLE (MUST BE APPROVED BY CITY):

NOTE: Firms must use their FULL LEGAL name. Generally, a corporation’s name must end with a suffix indicating the corporate statue of that business (i.e., Inc., Co., Corp., etc.). Trade names may be indicated by individuals or corporations with the individual or corporation name followed by “t/a” (trading as) or “d/b/a”

(doing business as), respectively. Failure to use your FULL LEGAL name may be cause for rejection of the bid.

STATEMENT OF BIDDER’S QUALIFICATIONS

STATEMENT OF BIDDER’S QUALIFICATIONS

All questions must be answered in a clear and comprehensive manner. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he/she desires that is project specific.

1. General character of work performed by your company.

2. Have you ever failed to complete any work awarded to you? Have you ever defaulted on a contract? If so, where and why?

3. State your experience in construction work similar in importance to this project. Specifically, do you have experience working with ADA accessible routes and recreational facilities? If yes, please list a few projects. Have you worked in the City of Scranton before?

4. Background and experience of the project manager and/or foreman.

5. List two references, with contact information, from comparable projects.

The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by The City of Scranton in verification of the recitals comprising this statement of Bidder’s Qualifications.

Name of Company _____________________________

By: _____________________________

Date: _______________________ Title: _____________________________

BID PROPOSAL

CONTRACTOR BID PROPOSAL

CAPOUSE AVE PARK RENOVATION PROJECT

The undersigned, having familiarized themselves with the existing conditions on the preserve that may impact the cost of the work and with the Contract Documents (including the Construction

Drawings, the Project Manual, Addenda (if any), the Invitation to Bidders, the Instructions to Bidders, the General Conditions Part I, the General Conditions Part II, the Attachments to General Conditions, and the Technical Specifications), hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including water, utility and transportation services, and other facilities and services necessary to perform and complete all work required for construction of the improvements embraced in the Plans and Specifications for The Capouse Avenue

Park Splash Pad Installation and all incidental work in strict accordance with the Contract

Documents by end of September 2025.

BASE BID PRICE OF ($______________________________________________)

___________________________________________________________ Dollars

1. In submitting this bid, the Bidder understands that The City of Scranton reserves the right to reject any or all bids or to waive any informality in the bidding. If written notice of the acceptance of this Bid is mailed or delivered to the undersigned within sixty (60) days after the opening thereof, or at any time thereafter before this Bid is withdrawn, the undersigned agrees to execute and deliver the Contract Agreement in the form prescribed by The City of

Scranton, within 10 days. The Bidder understands that they must furnish Workers

Compensation Insurance, the required Public Liability Insurance, the required Builders

Risk/All Risk Insurance (if applicable), the required Performance Bond, Labor and Material

Payment Bond and Maintenance Bond within ten (10) days after the Agreement is presented to him for signature.

2. Attached and included hereto submission are the following forms:

a. Bid Forms / Summary Bid Form

b. Bid Bond - Security in the sum of ____________________________ dollars

($_____________), in the form of a __________________.

c. Contractor Schedule

d. Certification of Non-Segregated Facilities

e. Non-Collusion Affidavit of Prime Bidder

f. Non-Discrimination / Sexual Harassment Clause

3. The undersigned represents that he is in receipt of the following number of Addenda (if no

Addenda have been issued, insert the word “none” in the following space):

Addenda # ____________ Addenda # ____________

Addenda # ____________ Addenda # ____________

BID PROPOSAL

I. WHEN THE PROSPECTIVE CONTRACTOR IS AN INDIVIDUAL:

If the Prospective Contractor is an individual trading under his owner and his exact post office address must be given. If one other than the owner signs this proposal, then a notarized certificate of authority signed by the owner must accompany this proposal.

_____________________________ _______________________(SEAL)

Witness Prospective Contractor

Address: __________________________________________________________

Trading as: ________________________________________________________

II. WHEN THE PROSPECTIVE CONTRACTOR IS A PARTNERSHIP:

If the Prospective Contractor is a firm or partnership trading under an individual of fictitious name, this proposal must be signed by one or more partners and the exact names and post office addresses of the members of the firm or partnership must be included. If one other than a partner signs this proposal, then a notarized certificate of authority signed by all the partners must accompany this proposal.

Witness Partner

Witness Partner

III. *WHEN THE PROSPECTIVE CONTRACTOR IS A CORPORATION:

If the Prospective Contractor is a corporation, the proposal must be signed by the president or vice-president, or by an individual whose notarized certificate of authority to execute must accompany this proposal together with the names, titles, and business addresses of the president, secretary, and treasurer, which must appear on the said certificate.

Secretary President

(CORPORATE SEAL)

*The _______________ is a corporation organized and existing under the laws of the State of

_______________ and has been granted a certificate of authority to do business in Pennsylvania, required by the Business Corporation Law, approved May 5, 1933, P. L. 364, as amended.

BID FORMS

City of Scranton Capouse Ave Park Splash Pad Installation

Scope of Work and Itemized Bid Form

The City of Scranton is looking to contract with a Vortex-brand certified installer for the installation of a splash pad at Capouse Avenue Park. The City has already purchased and is in possession of the splash pad components as manufactured by Vortex.

A general list of what will be required from this contractor is listed below:

The splash pad contractor will be responsible for:

1. Installation of all splash pad spray features, drains, and associated water supply and drainage plumbing, electrical wiring, connections, as depicted on the plans.

2. Installation of all associated site features, such as debris trap and water containment system, and associated plumbing, electrical wiring, connections.

3. Related concrete placement (splash pad surface itself, as well as slabs to anchor spray features, water containment system, etc.).

4. Installation of all components within the mechanical room, and associated plumbing, electrical wiring, connections to equipment within the room as well as to equipment located outside of the building.

5. All wiring from main panel/breaker box to various splash pad control panels, etc.

6. Connections from main building water supply to splash pad components.

7. All other work indicated “by installer” on the plan drawings.

Itemized Bid Form:

Earthwork

1. Excavation as needed to accommodate installation of all splash pad components, including but not limited to water containment system, debris trap/diverter, splash pad drains and drain lines, water supply lines, spray features, electrical lines, etc.

○ PRICE: $_________________________

Splash Pad Component Installation

2. Splash Pad Equipment Transportation: Transportation of Vortex Splash Pad components from stored location at Weston Field House (982 Providence Rd, Scranton, PA 18508) to Capouse Ave Park site (approx. address 1343 Capouse Ave, Scranton, PA 18509).

○ PRICE: $_________________________

3. Vortex Splash Pad Component Installation: Installation of all Splash Pad components, including but not limited to spray heads/fixtures, water supply piping, drains and drainage piping, electrical wiring, control components, filtration and disinfection equipment, etc. as depicted on plans prepared by Vortex. This includes all Splash

Pad system components located on the site as well as those to be located within the building's mechanical room. Installation to be performed by a Vortex-certified installer. Vortex equipment to be provided by the City.

○ PRICE: $_________________________

4. Splash Pad Concrete Pad: Pour concrete splash pad and 5' concrete perimeter splash zone; 6" depth, rebar framework, spray head protection; Oversight provided by

Vortex-certified installer

○ PRICE: $_________________________

5. Splash Pad Appurtenance Subbase & Aggregate Bedding and Backfill: Place and tamp/compact stone bedding and backfill (2B aggregate or as otherwise indicated) where indicated, including but not limited to beneath proposed splash pad, water containment system and debris trap; inclusive of geotextile fabric. Provide sand bedding and backfill around water pipes and drain lines.

○ PRICE: $_________________________

6. Concrete Base Slabs and Anchors: Install concrete slabs beneath the water containment system, debris trap, spray heads, etc., along with any required anchors, as depicted on plans prepared by Vortex.

○ PRICE: $_________________________

7. Miscellaneous Vortex System Connections to Site Utilities: Includes installation of 1" make-up water line from site service line to Water Containment System, and connection of Debris Trap and Water Containment System to Catch Basin CB-5 (CB-

5 to be installed by others)

○ PRICE: $_________________________

TOTAL PRICE: $__________________

BID BOND

SUMMARY BID FORM

BASE BID (Total from Itemized Bid Sheets; Insert Amount in Words & Numbers)

THE BIDDER AFFIRMS AND DECLARES:

1. That the Bidder is of lawful age and that no other person, firm, corporation, or joint venture has any interest in this Bid or in the Contract proposed to be entered into.

2. That this Bid is made without any understanding, agreement or connection with any other person, firm, corporation, or joint venture making a Bid for the same purposes, and is in all respects fair and without collusion or fraud.

3. That the Bidder has carefully examined the site of the work, and that from his own investigations, he has satisfied himself as to the nature and location of the work, the character, quality, and quantity of materials and the kind and extent of equipment and other facilities needed for the performance of the work, the general and local conditions and all difficulties to be encountered, and all other items which may, in all ways, affect the work or its performance.

4. The undersigned, as Bidder, also declares that he has carefully examined and fully understands all the component parts of the Contract Documents and agrees that he will execute the Contract and completely perform the work in strict accordance with the terms of the Contract and the Contract Documents therein referred to.

EXCEPTIONS:

All exceptions taken to the specifications contained in this…