Scranton_Retaining_Wall_Replacement_(Addendum_#2_Revision).pdf

INVITATION TO BID

2024-ITB-018

SCRANTON RETAINING WALL REPLACEMENT

City of Scranton

340 N Washington Ave

Scranton, PA 18503

RELEASE DATE: June 20, 2024

DEADLINE FOR QUESTIONS: July 5, 2024

RESPONSE DEADLINE: July 11, 2024, 10:30 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/scrantonpa https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Scranton

INVITATION TO BID

Scranton Retaining Wall Replacement

I. INTRODUCTION

II. GENERAL INFORMATION

III. GENERAL CONDITIONS

IV. PROBLEM STATEMENT

V. PROPOSAL REQUIREMENTS

VI. SCOPE OF WORK

Attachments:

A - Scranton - Elm St Retaining Wall - TECH SPECS

B - Scranton Elm St. Retaining Wall - FRONT END SPECS

C - Scranton Retaining Wall Replacement - BID FORM

D - Scranton Retaining Wall Replacement - PLANS 06-14-2024

Invitation To Bid #2024-ITB-018 Title: Scranton Retaining Wall Replacement

1. INTRODUCTION

1.1. Summary

The City of Scranton Office of Public Works is seeking separate sealed bids for an individual or firm to provide Scranton Retaining Wall Replacement will be received online by the City of

Scranton Controller via the City’s e-Procurement Portal until 10:30 am, Thursday, July 11, 2024, at which time such bids will be opened in City Council Chambers on the 2nd Floor of City Hall.

A video of the bid opening will be available for public viewing at www.youtube.com/user/electriccitytv570 subsequent to the live opening.

CITY OF SCRANTON

Scranton Retaining Wall Replacement

Bids shall be made upon the specifications included in the official Invitation to Bid which may be obtained by visiting the City of Scranton’s e-Procurement Portal, https://secure.procurenow.com/portal/scrantonpa. If you intend to submit a bid, you shall register on the City’s e-Procurement Portal. Once registered, companies may view and click "Follow" to be a prospective Respondent for this solicitation and will appear on the follower’s list.

Companies that fail to follow this project will not receive automatic addenda notifications, nor will they be able to draft a response in the City’s e-Procurement Portal, and therefore will be unable to participate or be considered for this ITB.

All bid documents and supplementary documents must be uploaded and submitted using the

City’s e-Procurement Portal prior to 10:30 am on Thursday, July 11, 2024, as instructed in this solicitation. Once file(s) have been uploaded and the submission status shows as “Submitted," the submission is complete. At that point, the Respondent's representative who is registered with the City will receive an email confirmation from the City’s e-Procurement Portal.

All bids must be accompanied by a certificate of insurance, a signed affirmative action, non-segregated facilities, non-collusion affidavits, and disclosure by current contractor.

All communications regarding technical, scope, and/or project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this

ITB shall be submitted via “Q&A” through the City’s e-Procurement Portal, before the deadline of 4:30 pm on Friday, July 5, 2024 and according to these specifications herein.

If a Respondent encounters any technical difficulties utilizing the City's e-Procurement Portal, a representative may contact OpenGov, the Software Administrator, using the real-time chat function on the website (located in lower right-hand corner of the screen), or via email at support@procurenow.com. It is still the Respondent's responsibility to ensure that their response is submitted before the deadline.

1.2. Contact Information

Morgan Fetsock

Engineering Project Coordinator https://www.youtube.com/user/electriccitytv570

Email: mfetsock@scrantonpa.gov

Phone: (570) 504-4943

Department:

Public Works

Department Head:

Scott Pietreface

DPW Director

1.3. Timeline

Release Project Date June 20, 2024

Pre-Proposal Meeting (Mandatory) June 27, 2024, 10:00am

East elm St. bridge

Question Submission Deadline July 5, 2024, 4:30pm

Proposal Submission Deadline July 11, 2024, 10:30am mailto:mfetsock@scrantonpa.gov tel:(570)504-4943

2. GENERAL INFORMATION

A. PURPOSE

1. This Invitation to Bid (ITB) provides interested parties with sufficient information to prepare and submit bids for consideration by the City of Scranton for Scranton

Retaining Wall Replacement.

B. ISSUING OFFICE

1. This ITB is issued for the City of Scranton. The submittal of bids must be submitted no later than 10:30 am on Thursday, July 11, 2024 to the City of Scranton Controller via the City’s e-Procurement Portal. Hard copy (mailed or hand delivered), Fax, or e-mail submittals will not be accepted or considered.

2. A mandatory pre-proposal meeting will be held promptly at the time and location on the date indicated herein. Proposals received from Respondents who were not in attendance at this meeting will not be accepted.

3. Bids will be handled confidentially by the City during the pre-award process.

4. The bid shall be binding for a period of sixty (60) days from the due date for submission.

5. The City will not be responsible for any expenses incurred by an entity submitting a bid in connection with this procurement.

6. Bonds: A 10% Bid Bond is required to be submitted with your proposal. A

Performance Bond and Payment Bond for 100% of the contract price must be submitted at time of award.

C. GENERAL CONSIDERATIONS

1. QUESTIONS

a. Questions about this project shall be submitted in writing via “Q&A” through the

City’s e-Procurement Portal, before 4:30 pm on Friday, July 5, 2024.

b. All questions must be received before the deadline set forth above. Inquiries received afterwards will not receive responses.

c. No telephone calls with questions will be taken.

2. ADDENDA

a. To ensure consistent interpretation of certain items, answers to questions the City deems to be in the interest of all will be made available to all Respondents.

b. Responses to questions will be issued in the form of an Addendum to the RFP.

c. Unless otherwise specified, any addenda issued while this RFP is open and still accepting bids must be acknowledged electronically via the City’s e-Procurement

Portal, which will be made part of the bid. Addenda notifications will be provided to those listed on the Follower’s List via email.

3. GENERAL CONDITIONS

A. No verbal information to Respondents will be binding on the City. The written requirements will be considered clear and complete, unless written attention is called to any apparent discrepancies or incompleteness before the opening of the bids. All alterations to the ITB will be made in the form of a written communication emailed to all prospective Respondents. The communications shall then be considered to be part of the

ITB.

B. Submission of a bid will be considered as conclusive evidence of the Respondent’s complete examination and understanding of the request.

C. In the event a Respondent is unable to submit a timely response in accordance with the instructions herein due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, or use of a malfunctioning electronic device, or the like, neither the City, nor the Software

Administrator, will be held responsible. Companies shall be solely responsible for ensuring the capability of their computer system while responding to this solicitation, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the

Respondent representative is using to submit a response. Failure of the Respondent to successfully submit an electronic bid before the deadline indicated herein shall be at the

Respondent’s sole risk, and no relief will be given for late and/or improperly submitted bids.

D. The City of Scranton reserves the right to reject any and all bids submitted and to request additional information from any Respondent. The City of Scranton reserves the right to waive minor irregularities in the procedures or bids if it is deemed in the best interests of the City of Scranton. The City may elect, at its sole and absolute discretion, to award a

Contract based on the initial bids, or, to open negotiations, either written or oral, with one or more Respondents to address performance, technical, pricing, delivery, or other provisions. If negotiations are opened, the City may elect, at its sole and absolute discretion, to conclude negotiations at any time if it is determined to be in its best interest, or they will be closed upon settlement of all questions and clarifications. Bids may be rejected and negotiations terminated by the City. The award will be based on the offers submitted, as well as any and all negotiations conducted. The City further reserves the right to reject all bids and seek new bids when such procedure is considered to be in the best interest of the City.

E. The award will be made to that responsive and responsible Respondent whose bid, conforming to requirements of the request, will be most advantageous to the City, price and other factors considered. The award may or may not be made to the firm with the lowest cost.

F. The City shall have the right, without invalidating the contract, to make additions to or deductions from the items or work covered by the ITB. In case such deductions or additions are made, an equitable price adjustment shall be made between the City and the

Respondent. Any such adjustments in price shall be made in writing.

G. After notice from the City, the selected Respondent will be required to enter into a contract upon receipt of a Notice of Award. If a contract is not executed by the selected

Respondent, then the City reserves the right to retract the Notice of Award and enter into a contract with another Respondent.

H. Bid forms must be in typewritten form and submitted electronically. Unsigned or incomplete bids will not be accepted. Respondents are expected to examine the content of the request and respond accordingly. Failure to do so will be at the Respondent’s risk.

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

J. Unless otherwise specified, all formal bids submitted shall be binding for ninety (90) calendar days following the bid opening date and may be extended at the agreement of both parties.

K. AUTHORITY

1. The Department of Public Works has the sole responsibility to respond to inquiries regarding the ITB.

L. COMPLIANCE WITH LAWS

1. The individual or firm selected shall at all times observe and comply with all laws, ordinances, regulations and codes of the federal, state, City and other local government agencies, which may in any manner affect the performance of the contract.

M. CONTRACTOR COMPLIANCE

1. If applicable, each Respondent is required to be in compliance with the City of

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

N. CONTRACT

1. The party selected for services will execute the City of Scranton’s contract provided by the Law Department.

O. CONTRACT TERMINATION

1. A contract may be canceled by the City by giving the Respondent written notice of intent to cancel.

P. CONTROLLING LAW

1. This ITB is governed by, and will be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without regard to any conflict of law provisions.

Q. BID INSURANCE REQUIREMENTS

1. The Successful Respondent, at the time of execution of the contract, shall also furnish the City with insurance certificates of adequate limits, as later indicated, to protect the

City of Scranton, its agents, and employees from any litigation involving Worker’s

Compensation, Public Liability and Property Damage, involved in the work. All subcontractors must also furnish copies of their liability insurance and Worker’s

Compensation Insurance certificates to the City. No subcontractor will be allowed to perform any work under this contract by the City unless such certificates are submitted to and approved by the City beforehand.\

2. The status of the Respondent in the work to be performed is that of any independent

Respondent and as such, he shall properly safeguard against any and all injury or damage to the public, to public and private property, materials and things, and as such he alone shall be responsible for any and all damage, loss or injury to persons or property that may arise, or be incurred, in or during the conduct or progress of said work without regard to whether or not the Respondent, subcontractors, agents, or employees have been negligent, and the

3. Respondent shall keep the City free and discharged of and from any and all responsibility and liability therefore of any sort or kind. The Respondent shall assume all responsibility for risks or casualties of every description, for any or all damage, loss or injury to persons or property arising out of the nature of the work from the action of the elements, or from any unforeseen or unusual difficulty, including all legal defense costs incurred by the City. The Respondent shall assume and be liable for all blame and loss of whatsoever nature by reason of neglect or violation of any

Federal, State, County or Local laws, regulations, or ordinances; the Respondent shall indemnify and save harmless the City from all suits or actions at law of any kind whatsoever in connection with this work and shall if required by the City, produce evidence of settlement of any such action before final payment shall be made the

City. Respondent’s Liability Insurance Certificate shall include the save harmless clause and shall be filed with the City.

4. The Respondent shall maintain such insurance as will protect the Respondent from claims under worker’s compensation acts and from claims for damages because of bodily injury, including death, and property damage, which may arise from and during operations under this Contract, whether such operations be by himself, by any subcontractor or anyone directly, or indirectly employed by either of them.

Respondent’s liability insurance shall be in the names of the Respondent and the City as their respective interests may appear. Each policy and Certificate of Insurance shall contain an endorsement naming the City of Scranton as additionally insured.

Certificates of such insurance shall be filed with the City.

5. The minimum amount of liability insurance to be maintained by the Respondent during the life of the contract shall be as follows:

6. Workers' Compensation - Statutory.

7. Employer's Liability - in minimum amount of $500,000.

8. Professional Liability – in minimum amounts of $1,000,000 per occurrence and

$1,000,000 aggregate.

9. Comprehensive General Liability (including Blanket Contractual Liability Insurance)

– in minimum amounts of $1,000,000 each person, $1,000,000 each occurrence and

$2,000,000 aggregate for Bodily Injury; $500,000 each occurrence for Property

Damage; $500,000 for Personal Injury.

10. Comprehensive Automobile Liability - in minimum amounts of $300,000 each person and $500,000 each occurrence for Bodily Injury; $500,000 each occurrence for

Property Damage.

11. Prior to commencement of performance of this Agreement, Respondent shall furnish to the City a certificate of insurance evidencing all required coverage in at least the limits required herein, naming the City of Scranton, its elected officials, agents, and employees as additional insureds under the Comprehensive General Liability coverage, and providing that no policies may be modified or cancelled without thirty

(30) days advance written notice to the City. Such certificate shall be issued to City of

Scranton, Law Department, 340 North Washington Avenue, Scranton, PA 18503. All policies shall be in effect with companies holding an A.M. Best rating of “A-” or better and shall be licensed to do business in the Commonwealth of Pennsylvania.

Such companies shall also be acceptable to the City.

12. Please forward a certificate of insurance verifying these insurance requirements.

13. All subcontractors performing work under this contract must furnish to the City a copy of their Certificate of Insurance for Worker’s Compensation and liability for bodily injury and property damage.

R. RESPONDENT’S ETHICS AND COLLUSION

1. Collusive Bidding: Any firm that submits more than one bid in such a manner as to make it appear that one of the bids submitted is competitive with that of a different

Respondent, or any two or more firms that agree to fix their respective bids in such a manner as to be awarded the contract shall be disqualified from further consideration of award of this contract and shall be subject to any applicable penalties under the law.

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

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

S. INDEMNIFICATION

1. This agreement shall be binding on the parties hereto, their heirs, successors and assigns.

T. OPEN RECORDS LAW/PUBLIC INFORMATION

1. Under the Pennsylvania Right-to-Know Law (the “Law”), 65 P. S. Section 67.101 et.

seq., a record in the possession of the City is presumed to be a public record subject to disclosure to any legal resident of the United States, upon request, unless protected by a statutory exception.

2. Any contract dealing with the receipt or disbursement of funds by the City or the

City’s acquisition, use or disposal of services, supplies, materials, equipment or property is subject to disclosure under the Law. The following are not subject to disclosure under an exception in the Law:

a. A bid pertaining to the City’s procurement or disposal of supplies, services or construction prior to the award of a contract or prior to the opening and rejection of all bids; and

b. Financial information of a Respondent requested in an invitation to bid or ITB to demonstrate the Respondent’s economic capability.

U. TRANSFERS AND ASSIGNMENTS

1. Respondent shall not, without written consent of the City, assign, hypothecate or mortgage this agreement. Any attempted assignment, hypothecation or mortgage without the consent of the City shall render this agreement null and void.

2. Neither this agreement nor any interest therein shall be transferable in proceedings in attachment or execution against Respondent or in voluntary or involuntary proceedings in bankruptcy or insolvency or receivership taken by or against the respondent, or by any process of law including proceedings under Chapter X and XI of the Bankruptcy Act.

4. PROBLEM STATEMENT

The ITB format for professional services enables the City to thoroughly evaluate the conditions for selection such as prior class action legal experience with sufficient flexibility in awarding the contract.

A. REJECTION OF BIDS

1. The City of Scranton reserves the right to reject any and all bids received resulting from this request and to negotiate with those Respondents deemed finalists.

B. INCURRING COSTS

1. The City of Scranton will not be liable for costs incurred by the selected Respondent prior to the issuance of a contract.

C. PRE-PROPOSAL CONFERENCE

1. A mandatory pre-proposal meeting will be held promptly at the time and location on the date indicated herein. Proposals received from Respondents who were not in attendance at this meeting will not be accepted.

D. REFERENCES

1. As a requirement for consideration, bids must include at least two (2) references, including contact information, who can attest to the attributes of the Respondent.

5. PROPOSAL REQUIREMENTS

Bids must meet the identified criteria and format. Consideration will be based on compliance with those requirements. All other information considered relevant by the Respondent will be included as addenda information to the bid.

5.1. ITB CONTENT*

Please upload a document addressing the subjects listed below.

A. STATEMENT OF SERVICES RENDERED

o The Respondent will identify the scope of services provided to the City of Scranton for its Project.

o The Respondent will identify how they will be responsive to each of the requirements outlined above.

o Include information which will assist the City to determine the Respondent’s capability of performing the work.

B. MANAGEMENT SUMMARY

o Provide a narrative description of the proposed effort and a list of services delivered by the Respondent.

C. ACTION PLAN

o Describe in narrative form a proposed plan of action for accomplishing the objectives of the Project. A detailed timeline for implementation, the reaching of each milestone of the project, and completion must be provided. The City retains the right to negotiate the timing of the project’s implementation and completion, as well as the right to reject any bid containing a timeline not in conformity with the City’s proposed implementation and completion dates.

D. EXPERIENCE

o Include examples of experience. The documentation of experience should include primary and secondary services, if applicable, and any pertinent experience of the support staff.

o References related to prior activities should be listed as addenda information, including contact information.

E. PERSONNEL

o Include the names of executive and professional personnel who will be assigned including support staff. Resumes for those assigned directly to the activities of this project may be uploaded as addenda information. Do not list firm personnel who will not be assigned to represent the City.

*Response required

5.2. COST AND PRICE*

Please upload any bid forms or pricing documents in this section.

Respondents shall submit a document that includes all associated costs and hourly rates (if applicable) to fulfill the scope of services outlined herein.

The bid shall include a detailed cost sheet showing the hours, labor costs, expenses and total cost for each task in the Project. The Cost Proposal shall include a not-to-exceed budget for reimbursable expenses, including, but not limited to mileage and document reproduction. If applicable, the Cost Proposal shall also estimate all potential fees associated with obtaining all permits required to complete the Project in accordance with applicable laws. Expenses for telephone, facsimile and computer charges will not be allowed.

If the Proposer anticipates additional services not addressed in the Invitation to Bid which, in its opinion, will be required to complete the Project, such additional services shall be noted, with a general explanation, a brief justification for the services, and a corresponding bid for the same.

Unless otherwise approved in writing by the City’s Business Administrator, the proposer selected shall not be entitled to any payment from the City in excess of the not-to-exceed fee provided.

The selected Respondent(s) shall submit invoices to the City for fees in performing the contracted services on a time and materials, not-to-exceed fee basis.

*Response required

5.3. YEARS OF EXPERIENCE*

Include the number of years of experience that the Respondent (as an entity, if applicable) has been performing the services listed under the Scope of Services.

Respondents are required to have a minimum of __ years of experience under their current business name.

*Response required

5.4. REGISTRATION

Respondents must be duly registered with the applicable federal, state, or local oversight body(s) required to fulfill the scope of services outlined herein. That registration must remain valid and current throughout any period of representation of the City. Copies demonstrating proof of all required registrations, certifications, and/or licenses from applicable federal, state, or local oversight body(s) may be uploaded in this section.

For Construction projects: Prior to award of the contract, the Respondent must have a valid contractor's license in the City of Scranton for the type of work to be performed in this project's scope of work.

Please upload any applicable licenses, registrations, certifications, etc. in this section.

5.5. BONDS*

Any public construction or improvement project is required to include the following bonds:

• 10% Bid Bond

• Performance Bond for 100%

• Payment Bond for 100%

Bid Bond must be included in your bid submission. Performance and Payment bonds must be submitted at time of award.

Please upload bonds or other supporting documents in this section.

*Response required

5.6. OTHER DOCUMENTS

If you have any additional supporting documents or miscellaneous documents not addressed in the above sections, please upload them here.

5.7. RELATIONSHIPS*

The Response must identify any relationships of the firms and its principals and assigned employees with any official of the City of Scranton. Respondents shall identify any relationships here, or type "N/A" if respondent has no such relationships meeting this criteria.

*Response required

5.8. AFFIDAVITS

The following affidavits are required by the City of Scranton:

• Affirmative Action Certificate

• Certificate of Non-Segregated Facilities

• Non-Collusion Affidavit

• Disclosures by Current Contractor

5.8.1. Affirmative Action Certification*

During the term of this contract, Respondent agrees as follows:

(1) Respondent shall not discriminate against any employee, applicant for employment, independent contractor or any other person because of race, color, religious creed, ancestry, national origin, age, sex or handicap. Respondent shall take affirmative action to insure that applicants are employed, and that employees or agents are treated during employment, without regard to their race, color, religious creed, ancestry, national origin, age, sex or handicap. Such affirmative action shall include, but is not limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. Respondent shall post in conspicuous places, available to employees, agents, applicants for employment, and other persons, a notice to be provided by the contracting agency setting forth the provision of this affirmative action certification.

(2) Respondent shall, in advertisements or requests for employment placed by it or on its behalf, state all qualified applicants will received consideration for employment without regard to race, color, religious creed, ancestry, national origin, age, sex or handicap.

(3) Respondent shall send each labor union or workers’ representative with which it has a collective bargaining agreement to other contract or understanding, a notice advising said labor union or worker’s representative of its commitment to this affirmative action certification.

Similar notice shall be sent to every other source of recruitment regularly utilized by

Respondent.

(4) It shall be no defense to a finding of noncompliance with this affirmative action certification that Respondent has delegated some of its employment practices to any union, training program, or other source of recruitment which prevents it from meeting its obligations. However, if the evidence indicates that the Respondent was not on notice of the third-party discrimination or made a good faith effort to correct it, such a factor shall be considered in mitigation in determining appropriate sanctions.

(5) Where the practices of a union or of any training program or other source of recruitment will result in the exclusion of minority group persons, so Respondent will be unable to meet its obligations under this affirmative action certification, Respondent shall then employ and fill vacancies through other affirmative action employment procedures.

(6) Respondent shall comply with all state and federal laws prohibiting discrimination in hiring or employment opportunities. In the event of Respondent’s noncompliance with affirmative action certification of this contract or with any such laws, this contract may be terminated or suspended, in whole or in part, and Respondent may be declared temporarily ineligible for further City of Scranton contracts, and other sanctions may be imposed and remedies invoked.

(7) Respondent shall furnish all necessary employment documents and records to, and permit access to its books, records, and accounts by, the City of Scranton Department of Business

Administration, for purposes of investigation to ascertain Compliance with the provision of this certification. If Respondent does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the City of Scranton Department of Business Administration.

(8) Respondent shall actively recruit minority subcontractors or subcontractors with substantial minority representation among their employees.

(9) Respondent shall include the provisions of this affirmative action certification in every subcontract, so that such provisions will be binding upon each subcontractor.

(10) Respondent’s obligations under this clause are limited to the Respondent’s facilities within

Pennsylvania, or where the contract id for purchase of goods manufactured outside of

Pennsylvania, the facilities at which such goods are actually produces.

☐ Please confirm

*Response required

5.8.2. Certificate of Non-Segregated Facilities*

The Respondent certifies that he does not maintain or provide for his employees and segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The

Respondent certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Respondent agrees that a breach of this certification will be a violation of the

Equal opportunity clause in any contract resulting from acceptance of his bid. As used in this certification, the term “segregated Facilities,” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Respondent agrees that

(except where he has obtained identical certifications from subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of sub-contracts exceeding $10,000 which are not exempt from the provisions of the Equal

Opportunity clause, and that he will retain such certification in his files.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. §1001.

☐ Please confirm

*Response required

5.8.3. Non-Collusion Affidavit*

Please download, complete, and upload the below document.

• Non-Collusion_Affidavit.pdf

*Response required

5.8.4. Disclosures by Respondent*

Please download, complete, and upload the below document.

• Disclosures_by_Respondent.pdf

*Response required https://government-project.s3.us-west-2.amazonaws.com/19819/4d4743d2-0628-4302-b1df-887d39c6fad6_Non-Collusion_Affidavit.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4D3YKFLIC%2F20240709%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240709T140926Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEGUaCXVzLXdlc3QtMiJHMEUCIQDOtw4sNnJmIncX0VuhQhUscONjeZlLQk58W9p1pUG6ewIgTKyWbJI%2Flw9sb9JxMj6D4FHmdMLNSuvLN8OMlMcROeIqgwUILhACGgw4OTIzNjQ2ODc2NzIiDAnR2oEDzmI9nVe4UCrgBCooHLbJK1oS7m4jZgp1lfgNnuZb9Z4qvAu%2FkUH15F6lMhlIlNakHfNnLkIEUfKR7AhFaO62tEMXFIqWzeUBk7otW1v62%2Ba%2BSxCofNkJukd0mysIPoMcAutq0JhgX4UBIXFUgi%2FeMxquG%2BeTLjl0pwKqGA9DfyHNr6a%2FiYUi1qqci9U9ZvHceu4DimJ82OoMICNCxxRQPnUJ82whFpCqboSyR3%2FknYA7NxP2LlsbuuQnPvVgVt1kf4YJ7bfeo8Yr28Z47o%2FmkCKP3RgXYcNW9a6d9dfqexutpFfYuFDRvHWwl7Ya2mbKuxASFfOVFm3fTLoPWjsljw9SgNPyYwJch8n94OxulPWc%2BYWNCNf4gyZs9%2Fik2qZoeJxGBas%2Ft0F7F8V7xJHWm0xz53CDWXdm6ARXRceVY%2BHCIFpyFofuEl3UI%2FVegGPJ7%2BYVbnnhPOvILqLpBYi1y%2FEWN61pRonwEWtI9aTBmjW7sAnCm7Dv3JfEpm8OHCm2XY7PFI8dXT%2BBTPOxfDXSXc%2FCAOy3pl1wRgBGK6ZHXrZssERggr0zJB9tACovQZqNoYssuVRZzvI2MJI1YwlRqnkxuU8f1KHbsawJnsMYNcmfxG0XDUeXZNHvYj737v6jxYfzr3Ab1AB3U8gDJaugtrPmq0sI4JqA%2BUS%2FAP5ImN949425AWiqAC46dOMvSdlltxjRxlmAflCXzoNpY9OouOj3Fu%2FTxM9R0Te%2FZNxT%2BtjRUPQRSY4rIVJS9MhvCiZrbasLD9WV2m8dWkOpirwzY1GiH9k80h%2FRkzypBuyPtl5BS%2FKqHMg2H4dmMP%2FotLQGOpsB7H1JHlbwpNFn7%2FBHH%2FIMy32dyncDMRKtduaVf2CfBh4BmHWAY%2FKWK0EjRJtknIFJIjUxEe7luvRWXoNMc1tujDVuLlQ49SgprFxlRodOZebqg6nQDbObYODtoiGO6heEYVc3zWGKk4va1B0YzczW9eAUf3776UeuBi1PSHoXmt0qU%2BtD99T%2BpGdkpzl5HUQxsBW01Ivx%2FxW%2Bmpo%3D&X-Amz-Signature=f664773f99121f8d6a479b97f300fb24b4b264f4b0f9657adcb8e916c412c36f&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Non-Collusion_Affidavit.pdf%22&x-id=GetObject https://government-project.s3.us-west-2.amazonaws.com/19819/14af9e36-98b4-41f5-a312-bd9851285ca1_Disclosures_by_Respondent.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4D3YKFLIC%2F20240709%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240709T140926Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEGUaCXVzLXdlc3QtMiJHMEUCIQDOtw4sNnJmIncX0VuhQhUscONjeZlLQk58W9p1pUG6ewIgTKyWbJI%2Flw9sb9JxMj6D4FHmdMLNSuvLN8OMlMcROeIqgwUILhACGgw4OTIzNjQ2ODc2NzIiDAnR2oEDzmI9nVe4UCrgBCooHLbJK1oS7m4jZgp1lfgNnuZb9Z4qvAu%2FkUH15F6lMhlIlNakHfNnLkIEUfKR7AhFaO62tEMXFIqWzeUBk7otW1v62%2Ba%2BSxCofNkJukd0mysIPoMcAutq0JhgX4UBIXFUgi%2FeMxquG%2BeTLjl0pwKqGA9DfyHNr6a%2FiYUi1qqci9U9ZvHceu4DimJ82OoMICNCxxRQPnUJ82whFpCqboSyR3%2FknYA7NxP2LlsbuuQnPvVgVt1kf4YJ7bfeo8Yr28Z47o%2FmkCKP3RgXYcNW9a6d9dfqexutpFfYuFDRvHWwl7Ya2mbKuxASFfOVFm3fTLoPWjsljw9SgNPyYwJch8n94OxulPWc%2BYWNCNf4gyZs9%2Fik2qZoeJxGBas%2Ft0F7F8V7xJHWm0xz53CDWXdm6ARXRceVY%2BHCIFpyFofuEl3UI%2FVegGPJ7%2BYVbnnhPOvILqLpBYi1y%2FEWN61pRonwEWtI9aTBmjW7sAnCm7Dv3JfEpm8OHCm2XY7PFI8dXT%2BBTPOxfDXSXc%2FCAOy3pl1wRgBGK6ZHXrZssERggr0zJB9tACovQZqNoYssuVRZzvI2MJI1YwlRqnkxuU8f1KHbsawJnsMYNcmfxG0XDUeXZNHvYj737v6jxYfzr3Ab1AB3U8gDJaugtrPmq0sI4JqA%2BUS%2FAP5ImN949425AWiqAC46dOMvSdlltxjRxlmAflCXzoNpY9OouOj3Fu%2FTxM9R0Te%2FZNxT%2BtjRUPQRSY4rIVJS9MhvCiZrbasLD9WV2m8dWkOpirwzY1GiH9k80h%2FRkzypBuyPtl5BS%2FKqHMg2H4dmMP%2FotLQGOpsB7H1JHlbwpNFn7%2FBHH%2FIMy32dyncDMRKtduaVf2CfBh4BmHWAY%2FKWK0EjRJtknIFJIjUxEe7luvRWXoNMc1tujDVuLlQ49SgprFxlRodOZebqg6nQDbObYODtoiGO6heEYVc3zWGKk4va1B0YzczW9eAUf3776UeuBi1PSHoXmt0qU%2BtD99T%2BpGdkpzl5HUQxsBW01Ivx%2FxW%2Bmpo%3D&X-Amz-Signature=c23cab9c54709d4738616fc4997e86e1113850886d6cad6017da861f0bc6f7b6&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Disclosures_by_Respondent.pdf%22&x-id=GetObject

5.9. INSURANCE COVERAGE

All Responses submitted to the City of Scranton shall include the following:

5.9.1. A statement of the prospective Respondent’s insurance coverage.*

The City requires the successful Respondent to carry the types and amounts of insurance listed hereinabove. All insurance coverages should name the City of Scranton as an additional insured.

All insurance coverages must be kept effective during the contract period. The loss of insurance coverages could result in contract termination.

*Response required

5.9.2. A statement of assurance attesting that the prospective Respondent is not currently in violation of any regulatory rules and regulations that may impact its operations.*

*Response required

5.9.3. A statement that the prospective Respondent is not involved in any current litigation against the City of Scranton.*

*Response required

5.9.4. Certificate of Insurance

Please upload a copy of your Certificate of Insurance here.

6. SCOPE OF WORK

6.1. Scranton Retaining Wall Replacement

Contractor shall furnish all labor, materials, equipment and means to construct the Work as described in the Contract Documents and shown on the Drawings. The Work includes, but is not limited to, the following: Demolition and replacement of 130’ retaining wall upstream of Elm St

Bridge over the Lackawanna River in Scranton, PA. Project includes but is not limited to: access road construction; erosion and sediment control measures; maintenance and protection of traffic;

excavation & backfill; sheeting and shoring (contractor design); demolition of existing structure;

vegetation removal; construction of cantilever retaining wall; permanent seeding. The above general outline of principal features does not in any way limit the responsibility of the Contractor to perform all Work and furnish the required materials, equipment, labor and means as shown or required by the Contract Documents. Material, equipment and labor, obviously a part of the

Work and/or necessary for the proper operation, a complete and/or functioning system and installation of same, although not specifically indicated in the Contract Documents, shall be provided as if called for in detail without additional cost to Owner.