INVITATION TO BID

KEYSER VALLEY STORMWATER IMPROVEMENTS -

CONTRACT 26-2

City of Scranton

340 N Washington Ave

Scranton, PA 18503

RELEASE DATE: MARCH 27, 2026

DEADLINE FOR QUESTIONS: APRIL 6, 2026

RESPONSE DEADLINE: APRIL 9, 2026

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of Scranton

Keyser Valley Fast Track Improvements - Contract 2

I. INTRODUCTION

II. BIDDING INFORMATION

III. TERMS & CONDITIONS

IV. PUBLIC WORK TERMS & CONDITIONS

V. ARPA

VI. PROPOSAL REQUIREMENTS

VII. PRICING TABLE

VIII. SCOPE OF WORK

IX. Contract Length

Attachments:

01_Contract 26-2 Technical Specifications

02_Contract 26-2 Construction Documents

03_Contract 26-2 Newton Road Utility HOP

04_Contract 26-2 Regional Basin Driveway HOP

Invitation To Bid Title: Keyser Valley Stormwater Improvements – Contract 26-2

1. INTRODUCTION

1.1. Summary

CITY OF SCRANTON

Keyser Valley Stormwater Improvements – Contract 2

The City of Scranton Department of Business Administration is seeking separate sealed bids for

Keyser Valley Stormwater Improvements – Contract 1. Bids will be received online by the City

Controller via the City’s e-Procurement Portal until April 8, 2026 at 10:00am, 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 after the live opening.

Bids shall be made upon the specifications included in the official Invitation to Bid (ITB) 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 must register on the City’s e-Procurement Portal. Once registered, you may view and click "Follow" to be a prospective bidder for this ITB. You will then appear on the followers list. If you do not follow this project you will not receive automatic addenda notifications, nor will you be able to draft a response in the City’s e-Procurement Portal, and therefore you will be unable to participate in 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 April 9, 2026 at 10:00am, as instructed in this ITB. Once file(s) have been uploaded and the submission status shows as “Submitted," the submission is complete. At that point, bidder's representative who is registered with the City will receive an email confirmation from the City’s e-Procurement Portal.

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 3:00pm on April 5, 2026, and according to these specifications herein.

If you encounter any technical difficulties utilizing the City's e-Procurement Portal, you 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 your responsibility to ensure that your bid is submitted before the deadline.

1.2. Contact Information

Eileen Cipriani

Director

Email: ecipriani@scrantonpa.gov

Phone: (570) 407-0173 https://www.youtube.com/user/electriccitytv570 https://secure.procurenow.com/portal/scrantonpa mailto:support@procurenow.com mailto:ecipriani@scrantonpa.gov

Department:

Business Administration

Department Head:

Eileen Cipriani

Business Administrator

1.3. Timeline

2. BIDDING INFORMATION

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

Keyser Valley Stormwater Improvements – Contract 1.

B. TIMELINE. The submittal of bids must be submitted no later than April 8, 2026 at

10:00am, 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.

1. A non-mandatory pre-proposal meeting will be held at the time and location on the date indicated herein. Prospective Bidders are encouraged to attend.

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

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 3:00pm on April 5, 2026.

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 bidders and prospective bidders.

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

c. Unless otherwise specified, any addenda issued while this ITB 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 Followers List via email.

https://secure.procurenow.com/portal/scrantonpa

3. TERMS & CONDITIONS

A. WRITTEN COMMUNICATION. No verbal information to bidders 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 bidders. The communications shall then be considered to be part of the ITB.

B. BIDDER'S UNDERSTANDING. Submission of a bid will be considered as conclusive evidence of the bidder's complete examination and understanding of the request.

C. TIMELY SUBMISSION. In the event a bidder 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 bidder representative is using to submit a bid. 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. COMPLETE BID. Bid forms must be in typewritten form and submitted electronically.

Unsigned or incomplete bids will not be accepted. Bidders are expected to examine the content of the request and respond accordingly. Failure to do so will be at the bidder's risk.

E. AUTHORITY. The Department of Business Administration has the sole responsibility to respond to inquiries regarding this ITB.

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

G. IRREGULARITIES. The City reserves the right to waive any irregularity or defect, if it is deemed in the best interests of the City, so long as such irregularity or defect does not

(1) deprive the City of assurance that the Contract would be entered into, performed, and guaranteed per the City’s specified requirements or (2) advantage that Respondent or otherwise undermine the necessary standard of competition.

H. LOWEST RESPONSIBLE BIDDER. The award will be made to the bidder who, in response to the ITB (or a separable portion of the ITB, as applicable): (1) submits a responsive bid; (2) is deemed to be a responsible bidder; and (3) offers to provide the goods and/or services requested for the lowest price of any responsible bidder who submitted a responsive bid.

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

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

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

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

N. TAX COMPLIANCE. If applicable, each bidder is required to be in compliance with the City of Scranton local tax requirements. Failure to be in compliance with City of

Scranton local tax requirements may result in bid disqualification and/or voiding of any contract that may result therefrom.

O. CHANGES. The City shall have the right, without invalidating the contract, to make increases, decreases, or other changes in the character or quantity of the contemplated goods and/or services as may be considered necessary or desirable to complete fully and acceptably the proposed scope of work in a satisfactory manner. In case such deductions or additions are made, an equitable price adjustment shall be made between the City and the Respondent and shall be made in writing. Surety waives its right to notice of such changes.

P. CONTRACT TERMINATION. A contract may be canceled by the City by giving the bidder written notice of intent to cancel.

Q. CONTROLLING LAW. 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.

R. 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.

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.

T. INDEMNIFICATION. The selected bidder shall indemnify, defend, and hold harmless the City from and against any and all claims and actions, based upon or arising out of damage to property or injuries to person or other acts caused or contributed to by the selected bidder or anyone acting under the selected contractor's direction or control or on the selected bidder's behalf in the course of the selected bidder's performance under the contract.

U. INCURRING COSTS. The City shall not be liable for costs incurred by unsuccessful bidders in relation to this procurement and shall not be liable for costs incurred by the selected bidder prior to the execution of a contract.

V. OPEN RECORDS LAW.

1. Under the Pennsylvania Right-to-Know Law (the “Law”), 65 P. S. 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 to demonstrate the Respondent’s economic capability.

W. 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. PUBLIC WORK TERMS & CONDITIONS

4.1. PERFORMANCE AND PAYMENT BONDS

For public work projects valued at over $5,000, state law requires a successful bidder to furnish the City with the following bonds, prior to contracting:

• Performance bond (100% of contract amount); and

• Payment bond (100% of contract amount).

4.2. PREVAILING WAGE

Pursuant to the Pennsylvania Prevailing Wage Act and accompanying regulations:

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

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

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

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

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

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

Secretary to a workman on public work.

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

1. The name of project.

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

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

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

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

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

I. The contract shall provide that apprentices shall be limited to numbers in accordance with a bona fide apprenticeship program registered with and approved by The Pennsylvania

Apprenticeship and Training Council and only apprentices whose training and employment are in full compliance with The Apprenticeship and Training Act (43 P. S. §

§ 90.1—90.10), approved July 14, 1961, and the regulations issued thereto shall be employed on the public work project. A workman using the tools of a craft who does not qualify as an apprentice within this subsection shall be paid the rate predetermined for journeymen in that particular craft or classification.

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

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

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

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

4.3. EMPLOYMENT VERIFICATION

Pursuant to state law, prior to entering into the contract, a successful bidder must submit to the

City a completed Public Works Employment Verification Form, available online through the

Pennsylvania Department of General Services (https://www.dgs.pa.gov).

Prior to commencing work, any subcontractor of any tier shall submit such Form to the City.

A successful bidder and all subcontractors must comply at all times with the Pennsylvania Public

Works Employment Verification Act (Act 141 of 2022) and its accompanying regulations (4 Pa.

Code §§ 66.1–66.9).

In conducting the verification required by the act, a contractor or subcontractor shall not discriminate against an employee on the basis of race, ethnicity, color, or national origin.

4.4. NONDISCRIMINATION CERTIFICATION

Pursuant to state law (62 Pa. C.S. 3701):

A. In the hiring of employees for the performance of work under the contract or any subcontract, no contractor, subcontractor or any person acting on behalf of the contractor or subcontractor shall by reason of gender, race, creed or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

https://www.dgs.pa.gov/ https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2022&sessInd=0&act=141 https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/004/chapter66/chap66toc.html&d https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/004/chapter66/chap66toc.html&d

B. No contractor or subcontractor or any person on their behalf shall in any manner discriminate against or intimidate any employee hired for the performance of work under the contract on account of gender, race, creed, or color.

C. The contract may be canceled or terminated by the government agency, and all money due or to become due under the contract may be forfeited for a violation of the terms or conditions of that portion of the contract.

4.5. STEEL PRODUCTS

A. Steel Product Procurement Act.

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

2. “Steel products” is defined as products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated or otherwise similarly processed, or processed by a combination of two or more of such operations, from steel made in the

United States by the open hearth, basic oxygen, electric furnace, Bessemer or other steel making process and shall include cast iron products and shall include machinery and equipment listed in United States Department of Commerce

Standard Industrial Classification 25 (furniture and fixture), 35 (machinery, except electrical) and 37 (transportation equipment) and made of, fabricated from, or containing steel components. If a product contains both foreign and United

States steel, such product shall be determined to be a United States steel product only if at least 75% of the cost of the articles, materials and supplies have been mined, produced or manufactured, as the case may be, in the United

States. Transportation equipment shall be determined to be a United States steel product if it complies with section 165 of Public Law 97-424 (96 Stat. 2136).

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

General Services list of “Exempt Machinery and Equipment Steel Products” published annually in the Pennsylvania Bulletin.

B. Trade Practices Act. In accordance with the Trade Practices Act of July 23, 1968, P.L. 686 (71 P.S. §773.101 et seq.), a successful bidder cannot and shall not use or permit to be used in the work any aluminum or steel products made in a foreign country which is listed below as a foreign country which discriminates against aluminum or steel products manufactured in Pennsylvania. The countries of Brazil, South Korea, Spain, and Argentina have been found to discriminate against certain products manufactured in Pennsylvania. Therefore, the purchase or use of those countries products, as listed below, is not permitted:

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

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

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

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

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

5. ARPA

5.1. AMERICAN RESCUE PLAN ACT (ARPA) CONTRACT ADDENDUM

The contract associated with this procurement will use federal assistance provided to the City of

Scranton by the US Department of Treasury under the American Rescue Plan Act (“ARPA”), Sections 602(b) and 603(b) of the Social Security Act, Pub. L. No. 117-2 (March 11, 2021).

The following terms and conditions shall apply to the successful bidder upon execution of contract, as a contractor of the City of Scranton; by ARPA and its implementing regulations; and as established by the Treasury Department.

5.2. EQUAL OPPORTUNITY

Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employment

Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal

Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Minority and Women Business Enterprises (if applicable)

Contractor hereby agrees to comply with the following when applicable: The requirements of

Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138

(concerning Women's Business Enterprise), when applicable. Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following:

A. Including qualified women’s business enterprises and small and minority businesses on solicitation lists;

B. Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources;

C. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises; and

D. Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority business; e. Using the services and assistance of the Small Business Administration, and the U.S. Office of

Minority Business Development Agency of the Department of Commerce; and f. If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in a through e above. For the purposes of these requirements, a Minority Business Enterprise

(MBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by members of the following groups: Black, Hispanic, Asian or Pacific

Islander, American Indian, or Alaskan Natives. A Women Business Enterprise (WBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by women.

5.3. DAVIS-BACON ACT

All prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by

Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to

Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Contractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor must be required to pay wages not less than once a week.

Attached hereto is a copy of the current prevailing wage determination issued by the

Department of Labor in each solicitation.

The City will only award a contract or subcontract upon the acceptance of the wage determination. The City shall report all suspected or reported violations to the United States

Department of Treasury. Compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and

Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or

Grants from the United States”), which provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The City entity shall report all suspected or reported violations to the United States

Department of Treasury.

5.4. SUSPENSION AND DEBARMENT

This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such, the Contractor is required to verify that none of Contractor’s principals (defined at 2 CFR §

180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).

The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by the City of Scranton. If it is later determined that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt.

3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

The Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR

pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3146 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3145 https://www.ecfr.gov/current/title-29/part-3

5.5. BYRD ANTI-LOBBYING AMENDMENT

Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of

Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Contractor shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

*Purchases over $100,000 - Contractors must sign the certification under Proposal

Requirements*

5.6. ACCESS TO RECORDS

The Contractor agrees to provide the City of Scranton, the U.S. Department of Treasury, the

Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The

Contractor agrees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed, and agrees to cooperate with all such requests.

The Contractor agrees to provide the Treasury Department or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

No language in this contract is intended to prohibit audits or internal reviews by the Treasury

Department or the Comptroller General of the United States.

5.7. RIGHTS TO INVENTIONS

Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit

Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative

Agreements,” and any applicable implementing regulations.

5.8. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

Where applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704 of the

Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

5.9. CLEAN AIR ACT & FEDERAL WATER POLLUTION CONTROL ACT

The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution

Control Act to the City of Scranton and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

5.10. BUY USA

Domestic Preference for certain procurements using federal funds. Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

For purposes of this section:

A. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

B. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

5.11. PROCUREMENT OF RECOVERED MATERIALS

In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:

A. Competitively within a timeframe providing for compliance with the contract performance schedule;

B. Meeting contract performance requirements; or

C. At a reasonable price.

Information about this requirement, along with the list of EPA- designated items, is available at

EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 11. Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the

U.S. Department of the Treasury.”

5.12. INCREASING SEAT BELT USE

Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company-owned, rented or personally owned vehicles.

5.13. REDUCING TEXT MESSAGING WHILE DRIVING

Contractor is encouraged to adopt and enforce policies that ban text messaging while driving, and establish workplace safety policies to decrease accidents caused by distracted drivers.

Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009).

https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program

6. 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 bidder must be included as addenda information to the bid.

6.1. 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. 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.

C. PERSONNEL

o Include the names of executive and professional personnel who will be assigned including support staff.

*Response required

6.2. 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

6.3. YEARS OF EXPERIENCE*

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

Respondents are required to have a minimum of 5 years of experience under their current business name.

*Response required

6.4. 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.

6.5. BONDS - ARPA*

Any public construction or improvement projects over $22,500 funded through ARPA are required to include the following bonds:

• 5% Bid Bond

• Performance Bond for 100% of the contract price

• Payment Bond for 100% of the contract price

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

Please upload your bonds or other supporting documents in this section.

*Response required

6.6. OTHER DOCUMENTS

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

6.7. 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

6.8. 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

6.8.1. 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…