SLED Opportunity · PENNSYLVANIA · CITY OF SCRANTON
AI Summary
The City of Scranton invites sealed bids for Keyser Valley Stormwater improvements contract 2, a public works project involving stormwater management infrastructure. Bids are due April 9, 2026, with compliance required for federal funding, prevailing wage, environmental, and equal opportunity regulations.
CITY OF SCRANTON
INVITATION TO BID
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 2. Bids will be received online by the City Controller via the City’s e-Procurement Portal until 11:30 am, Thursday, April 16, 2026, 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 11:30 am on Thursday, April 16, 2026, 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 11:59 pm on Wednesday, April 8, 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.
Keyser valley stormwater contract 2 addendum #1.
Addendum #2.
NEW DUE DATE
Proposals will now be due on April 13th at 11am. Questions have also been extended to April 8th at 11:59pm.
addendum 4. answers to questions, geotech report and new bid form attached
bidding will now be extended to April 16th. It will still take place at 11:30am
HUD Funding - Obligation, Expenditure, and Payment Requirements for Grantee
Funds allocated to metropolitan cities, urban counties, and territories. Within 180 days
after the date that HUD signs the grant agreement (or a grant amendment for reallocation of funds)
with the metropolitan city, urban county, or territory, the Grantee must obligate the entire grant amount,
except the amount for its administrative costs. This requirement is met by an agreement with, or a letter
of award requiring payment to, a Sub-Recipient; a procurement contract; or a written designation of a
department within the government of the Grantee to directly carry out an eligible activity. If the
recipient is an urban county, this requirement may also be met with an agreement with, or letter of award
requiring payment to, a member government, which has designated a department to directly carry out
an eligible activity.
Expenditures : The Grantee must draw down and expend funds from each year's grant not
less than once during each quarter of the Grantee's program year. All of the Grantee's grant must be
expended for eligible activity costs within 24 months after the date HUD signs the grant agreement with
the Grantee. For the purposes of this paragraph, expenditure means either an actual cash disbursement
for a direct charge for a good or service or an indirect cost or the accrual of a direct charge for a good
or service or an indirect cost.
Payments to Sub-Recipient : The Grantee will pay each Sub-Recipient for allowable costs
within 30 days after receiving the Sub-Recipient's complete payment request. This requirement also
applies to each Sub-Recipient that is a unit of general purpose local government. In order to the subrecipient
to receive the payment requested all backup documentation must be presented
Required Information
-Coversheet
-Receipts
-Verification of payment
Reports and Information
The Sub-Recipient, at such time and in such forms as the Grantee may require, shall furnish
the City such periodic reports as it may request pertaining to the work or services undertaken pursuant
to this Agreement, the costs and obligations incurred or to be incurred in connection therewith,
and another matters covered b this Agreement
The successful Bidder will enter into a contract that will remain in effect until the satisfactory completion of the project, as defined in the Scope of Work and any other relevant provisions of this Invitation to Bid.
Stormwater improvements in the Keyser Valley area of Scranton, PA.
The contract to which this addendum is attached is made using federal assistance provided to the City of Scranton (the City) by the Federal Emergency Management Agency (FEMA).
The following terms and conditions apply to you, the contractor or vendor, as a contractor of the City of Scranton; by FEMA and its implementing regulations; and as established by the Robert T. Stafford Disaster Relief and Emergency Assistance Act and other relevant Pennsylvania laws, publications and guidance.
When property or services are procured using funds derived from a Federal grant or Agreement whether direct to the City or “pass-through” from another entity, the City is required to and will follow the Federal procurement standards in the “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, 2 C.F.R. Part 200, Sections 200.318 through 200.327.
CONTRACTOR, further referred to as CONTRACTOR within this section, shall work with the City under this Agreement to assure that it will comply with the following statutes and regulations to the extent applicable: (1) (2) (3) (4) 2 CFR, Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Appendix II The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-BereuterBlumenauer Flood Insurance Reform Act of 2004, Public Law 108-264 31 CFR Part 25 Rules and Procedures for Funds Transfers Contract Cost and Price: For every procurement in excess of the Simplified Acquisition Threshold, including contract modifications, the City shall perform a cost or price analysis in connection with every procurement subject to Federal procurement guidelines, which shall include an independent estimate of cost prior to issuing bids or proposals. For proposals where price is not considered in the award, profit shall be negotiated as a separate element of the price. In determining whether profit is fair and reasonable, the City shall consider the complexity of work, the risk to be borne by the CONTRACTOR, the CONTRACTOR’S investment, the amount of subcontracting necessary, the CONTRACTOR’S record and past performance, and industry profit rates for the surrounding geographical area. “Cost Plus Percentage” methods for determining profit may not be used.
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.
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:
Pursuant to 41 CFR Part 60-2.4(b)
During the performance of this contract, the contractor agrees as follows:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
This provision shall not apply to instances in which an employee who has access to the apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State, Territorial, or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
The Moving Ahead for Progress in the 21st Century Act (Public Law 112-141) enacted on July 6, 2012 restores authorization for states and units of general local government to assume responsibilities for environmental review under 24 CFR 58 for Emergency Solutions Grant.
The final rule for CDBG will require all CDBG Sub-Recipients to assume the responsibilities with respect to environmental review, decision-making, and action required under 24 CFR Part 58.
CDBG funds shall not be obligated or utilized for any activity requiring a release of funds by the Grantee under the Environmental Review Procedures for the CDBG program at 24 CFR Part 58 until release is issued in writing. For categorically excluded activities listed in 58.35(a) determined to be exempt because there are no circumstances which require compliance with any Federal laws and authorities cited at 58.5 the Grantee must make and document such a determination of exemption prior to incurring costs for such activities.
No CDBG funds provided under this agreement shall be expended for acquisition or
construction or rehabilitation purposes in an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards unless the locality in which the area is situated is participating in the National Flood Insurance Program and flood insurance is obtained in accordance with federal provisions.
The City of Scranton (Grantee) will prepare the Environmental Reviews for each Project which will demonstrate compliance with the environmental laws. The form to be completed by the Grantee is
“Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to
Section 58.5 Pursuant to 24 CFR Part 58.34(a) and 58.35(b)”.
CDBG eligible activities that require a higher level of environmental review under 24 CFR 58
are project-based acquisition, construction, renovation, and/or rehabilitation The Environmental
Review must be completed before the start of an activity.
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:
The successful Bidder will enter into a contract with a term of TBD.
Pursuant to the Pennsylvania Prevailing Wage Act and accompanying regulations:
Projects Funded Solely from FEMA Program Under $10 Million:
Davis-Bacon Act requirements (prevailing wage rates) do not apply to projects funded solely with award funds from FEMA program. However, if Davis-Bacon Act requirements are not adhered to, a project employment and local impact report is required. This reporting must include a project employment and local impact report detailing: the number of employees of contractors and sub-contractors working on the project; the number of employees on the project hired directly and hired through a third party; the wages and benefits of workers on the project by classification; and whether those wages are at rates less than those prevailing. Awardees must maintain sufficient records to substantiate this information upon request and produce the same to the City. A recipient may additionally provide a certification that a project includes a project labor agreement, meaning a pre-hire collective bargaining agreement consistent with section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)). If the recipient does not provide such certification, the recipient must provide a project workforce continuity plan, detailing: how the recipient will ensure the project has ready access to a sufficient supply of appropriately skilled and unskilled labor to ensure high-quality construction throughout the life of the project, including a description of any required professional certifications and/or in-house training; how the recipient will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; how the recipient will provide a safe and healthy workplace that avoids delays and costs associated with workplace illnesses, injuries, and fatalities, including descriptions of safety training, certification, and/or licensure requirements for all relevant workers (e.g., OSHA 10, OSHA 30); whether workers on the project will receive wages and benefits that will secure an appropriately skilled workforce in the context of the local or regional labor market; and whether the project has completed a project labor agreement; whether the project prioritizes local hires, and whether the project has a Community Benefit Agreement, with a description of any such agreement.
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.
CDBG funds shall be made available to the Sub-Recipient subject to the terms and conditions
of this agreement and documentation evidencing the use of funds with each draw-down request. CDBG
funds shall be disbursed to the Sub-Recipient in the following manner described. The request for
payment by the Sub-Recipient shall be in writing and include a detailed statement containing entity name,
work performed, amount, and to whom the check should be made out to and the address in to which
the check should be sent.
Upon the City/OECD’s review and approval, the City/OECD shall issue a check within its
standard accounts payable procedures. Sub-Recipient agrees to provide Grantee with any and all
additional information requested to determine and validate all costs and expenditures pertaining to the
Grant in connection with Grantees reporting requirements under the CDBG Program regulations. Lack
of required information will result in
Pursuant to 29 CFR Part 5.5(b)
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.
Records
The Sub-Recipient shall keep accurate books and records of accounts in accordance with
generally accepted accounting principles of all expenditures made and all costs and liabilities incurred
utilizing Program Funds and Program Income. The accounts and all project records shall be made
available upon request by the City/OECD, HUD, or any other federal agency for examination and audit.
All books and records of accounts must be retained for five (5) years from the date of the final audit.
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.
Pursuant to state law (62 Pa. C.S. 3701):
This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. See Final Rule published by the Department of Labor, Updating the Davis-Bacon and Related Acts Regulations, published August 2023, for a complete listing of updated requirements. 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.
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*
Penalties for violation of this provision may be found in the Trade Practices Act.
31 U.S.C. § 1352, as amended
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.
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.
For contracts over $100,000, Contractor must sign the Federal Certification Regarding Lobbying, attached.
Bidder acknowledges that this bid is for a public works contract and bidder is therefore subject to the provision, duties, obligations, and penalties of the Public Works Verification Act, 71 P.S. 656.1-656.11, which is incorporated herein by reference.
The lowest responsible bidder must comply with the Public Works Employment Verification Act by submitting to a Commonwealth Public Works Employment Verification form to the public body prior to the award of the contract. The Form and relevant information can be found on the Department of General Services' website at www.dgs.pa.gov.
40 U.S.C. 3145
Contractor must fully comply 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”). Pursuant to the Act, Contractor is 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 shall report all suspected or reported violations of the Copeland “Anti-Kickback” Act to the Federal awarding agency.
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.
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.
The CONTRACTOR will keep and maintain adequate records and supporting documentation applicable to all of the services, work, information, expense, costs, invoices, and materials provided and performed pursuant to the requirements of this agreement. Said records and documentation will be retained by the CONTRACTOR for a minimum of five (5) years from the date of termination of this agreement, or for such period is required by law.
CONTRACTOR shall provide when requested, access by the City, Federal granting agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions.
CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
CONTRACTOR agrees to provide the GRANT AGENCY Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
CONTRACTOR shall retain all records associated with this solicitation and any agreements that are created in response to the solicitation for a period of no less than five (5) years after final payments and all other pending matters are closed. The City and its authorized agents shall, with reasonable prior notice, have the right to audit, inspect and copy all such records and documentation as often as the City deems necessary during the period of this agreement, and during the period as outlined in the paragraphs above; provided, however, such activities shall be conducted only during normal business hours of the CONTRACTOR and at the expense of the City.
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officers, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from Contractors or parties to subcontracts.
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.
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.
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:
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.
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:
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.”
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.
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.
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).
Statutes and Executive Orders require employers to abide by the Immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) to provides an internet-based means of verifying the employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements.
Sub-CONTRACTOR requirement: Vendors shall require all subcontracted vendors to flow down the requirement to use E-Verify to sub-Contractors.
It shall be the vendor’s responsibility to familiarize themselves with all rules and regulations governing this program.
For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify.
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:
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.
Any publications produced with funds from this award must display the following language: “This project is supported, in whole or in part, by federal award number 4408DRPAP00000001 awarded to City of Scranton by FEMA on or about March 8, 2019.
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.
pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009)
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 2 C.F.R. Pt. 200, App.II (A)
The provisions of this Section A shall apply to all contracts for more than the Simplified Acquisition Threshold (which amount is subject to inflation adjustment but is set at $250,000 as of October 1, 2020) that are funded by a Federal award (including a FEMA grant or cooperative agreement program).
In addition to any remedies set forth in the Contract, and except as otherwise limited in the Contract, upon the breach of the Contract by Contractor, the Owner shall have such administrative, contractual, and legal remedies as are available to it pursuant to applicable law.
Pursuant to 2 C.F.R. Pt. 200, App.II (B)
If through any cause the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract, or in the event of violation of any of the covenants contained herein, or in the event of violation of the laws applicable to implementation of the project contemplated by this Contract, or in the event of misuse of funds, mismanagement, criminal activity or malfeasance in the implementation of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Contractor specifying the effective date of termination. Said notice shall be given in writing to the Contractor and will be effective upon receipt by the Contractor. In such an event, all project records, unused grant monies, and such amounts as may have been expended contrary to the terms of this Contract shall be returned to the City.
Neither this Agreement nor accompanying attachments may be altered, amended, or modified except by written documents signed by all parties.
CONTRACTOR must follow any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”
The selected firm must require compliance with all federal requirements of all sub- Contractors performing work for Prime CONTRACTOR under this Agreement, by including these federal requirements in all contracts with sub-Contractors.
If subcontracts are to be let, the prime CONTRACTOR is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. a) Place qualified small and minority businesses and women’s business enterprises on solicitation lists. b) Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources. c) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.d) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises. e) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises.
2 C.F.R. § 200.216
The Contractor shall comply with 2 C.F.R. § 200.216, Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause—
(b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
(d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or sub-recipient unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent the use or submission of covered telecommunications equipment or services and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph
(e), in all subcontracts and other contractual instruments.”
The CONTRACTOR grants to the City, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including preparing derivative works, distributing copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the CONTRACTOR will identify such data and grant to the City or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the CONTRACTOR will deliver to the City data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City.”
The following applies to purchases made or reimbursed with Federal funds as per 2 CFR 200.318(j) and other Federal Regulations. For a firm fixed price, lump sum, Time & Material (T&M), and/or Time & Equipment (T&E) procurements, a Purchase Order represents a Contractor’s Notice to Proceed (NTP). Line-item Extended Price(s) shall be considered Not to Exceed (NTE) ceiling value(s). Additionally, the Total Order value for a Purchase Order represents an NTE ceiling value. If the CONTRACTOR anticipates exceeding either of these NTE values, they should contact the City of Scranton Project Management Department for a change order. If a CONTRACTOR exceeds a Line Item or Total Order NTE value, it does so at its own risk.
If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.
As appropriate and to the greatest extent consistent with law, the CONTRACTOR should, to the greatest extent practicable, 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 sub-awards including all contracts and purchase orders for work or products under this award. 2 C.F.R. § 200.322 also provides specific definitions for “Produced in the United States” and “manufactured products” that states should review. 13.1.1. 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. 13.1.2. Manufactured products means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
Please upload a document addressing the subjects listed below.
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.
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.
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.
Any public construction or improvement projects over $22,500 funded through ARPA are required to include the following bonds:
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.
All bidders on a contract for public works must furnish a Bid Bond (10% of contract amount), which must be included in your bid submission.
Performance Bond (100%) and Payment Bond (100%) must be submitted at time of award.
Please upload you Bid Bond and any supporting documents here.
If you have any additional supporting documents or miscellaneous documents not addressed in the above sections, please upload them here.
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.
The following affidavits are required by the City of Scranton:
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.
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 download, complete, and upload the below document.
All Responses submitted to the City of Scranton shall include the following:
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.
Please upload a copy of your Certificate of Insurance here.
Pursuant to 31 CFR Part 21, the undersigned certifies, to the best of their knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Ch. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Has the Respondent or any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, been convicted or found liable for any act prohibited by Federal or State law in any jurisdiction involving conspiracy or collusion with respect to bidding on any public contract within the last three years?
If you answered "No," no additional information is needed.
If you answered "Yes," please provide additional information here about your prior conviction or finding of liability regarding collusion or conspiracy in public bidding.
Note: pursuant to 62 P.A.C.S. section 4507, stating this fact does not prohibit the City of Scranton from accepting the Response or awarding the Contract to Respondent, but it may be grounds for the City to decline to award the Contract to Respondent on the basis of lack of responsibility.
1. The affiant identified below hereby represents that they are fully informed respecting the preparation and contents of the attached Response and of all pertinent circumstances respecting such Response; and
2. Such Response is genuine and is not a collusive or sham Response; and
3. Neither the Respondent nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Response in connection with the Contract for which the attached Response has been submitted or to refrain from responding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collision or communication or conference with any other Respondent, or to Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Scranton or any person interested in the proposed Contract; and
4. The price or prices quoted in the attached Response are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.
I verify that the facts set forth in the foregoing Non-Collusion Affidavit, pursuant to 62 P.A.C.S. section 4507, the City of Scranton Home Rule Charter, and other applicable laws, are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to penalties of 18 P.A.C.S section 4904 relating to unsworn falsification to authorities.
Enter in this format (without the quotes): "2 years"
NOTE: If you'd like to make it more complicated (e.g., automatic renewal for an extra year), please check with the Law Department.
How would you like Respondents to submit pricing?
Under the Internal Attachments section, you will find a Template Bid Form, which may be helpful.
Use these definitions:
If unsure, round up.
If your Public Works project is
then you must fill out the Prevailing Wage Rates Determination Request Form (https://www.dlisecureweb.pa.gov/PrevWage/Pages/DetermRequest.aspx?ID=&PageType=).
You will receive a Prevailing Wage Rates report by email within ~48 hours. Attach that report to this Invitation to Bid in the "Attachments" section.
If your Public Works project is federally funded, you will follow federal Davis Bacon steps instead.
If no, select Option 1.
If yes and ARPA funded ONLY and over $22,500, select Option 2.
If yes and city or grant funded and over $5,000, select Option 3.
If unsure, round up.
If unsure, round up.
Under the Motor Vehicle Procurement Act you are required to purchase or lease motor vehicles manufactured or assembled in North America. A vehicle qualifies if a majority of the principal components are assembled into the final product in North America.
However, if the City states in writing that compliance would not be in the public interest or that the cost is unreasonable, then you need not satisfy the law. The City must be satisfied that the provisions of the law have been met before it can make payments to any contractor supplying motor vehicles. (62 Pa. C.S. 3734)
Please talk to the Law Department if you have any questions.
Email kgeorgetti@scrantonpa.gov to confirm.
Q (Bid Due Date): For a project of this magnitude, less than two weeks notice to the bid date is quick. Obtaining pricing from material suppliers and subcontractors will be difficult. The current fuel and oil market also is in turmoil which adds another variable to the price. A longer time to prepare bids typically ends up with a better price for the owner. Please would the City extend bids one or two weeks to 4/17 or 4/24.
A: Due to funding deadlines, the city will not be extending the bidding schedule.
Q (DOWNLOADS F): Download F for this project shows a full set of plans, however, only seems to be the Cover sheet.
A: an addendum will be issued soon with the full set.
Q (BID DATE AND TIME): Please confirm the bid date and time, several different ones exist?
A: Prebid meeting: April 2 at 12pm Question deadline: April 6 at 1:59pm Proposal submission deadline/unsealing: Aril 9 at 11am
Q (SLCPP): They do not make 54" SLCPP, it can either be 48" or 60". For the Storm Runs that call for 54", what should we base our pricing on?
A: Pipes shall be a combination of 48" and 60" pipes. Quantities and layout will be accounted for in an upcoming addendum.
Q (CAD Files ): Are the Existing and proposed grade CAD Files available to verify cut and fill amounts?
A: CAD files shall be provided to the winning bidder upon signature of GPI's plan release waiver.
Q (City of Scranton License): It is our understanding that in order to obtain permits from the City of Scranton, a general contractor’s license is required. Please confirm if bidders are required to have this license.
A: a general contractor's license would be required to get permits. Bidders are not required to have the license when submitting a bid, but it would be needed after being awarded.
Q (Permit): What specific type of permit is required by the City of Scranton for this project?
A: No permits are required through the City of Scranton.
Q (Spec Section 00830): Spec section 00830 does not include City of Scranton permit requirements. Please update.
A: See previous responses.
Q (Earthwork Unclassified ): Earthwork Unclassified schedule of unit prices 1.07 R1 indicates that payment will include “any material encountered….” Please clarify if this will apply to utility trench material excavated. If only this spec is for the basin, please clarify method of measurement/survey required to verify quantity excavated.
A: Payment for trenching shall be included in Pipe Costs as noted in 01220, 1.07, V.
Q (No subject): As there are two bid items for excavation (items 17-excavation and 18-fill/spoil); please provide method of measurement/survey to verify the two individual quantities.
A: Excavation includes work to remove the material and fill / spoil is placement or hauling off-site.
Q (Strip and Stockpile Topsoil): Since topsoil stripping is required for earthwork operations, and 1.07R1 indicates that payment is for “any material encountered”; please assure that payment to strip and stockpile topsoil will be paid per measured CY. Also, as a follow up, confirm that Seeding and Topsoiling items which are paid per SY are completely separate from topsoil stripping.
A: Topsoil stripping and stockpiling is an E&S item and will be paid from the Lump Sum as incidental to the project.
Q (No subject): Will the Cut Off Trench be paid per CY for Earthwork Excavation?
A: No cutoff trench is proposed as part of this project. Any detail referencing a cut off trench is considered incidental to that item.
Q (No subject): Embankment backfill and benching detail on sheet C-525 indicates that “All ML soils should be considered unacceptable as fills”. However, sheet C-606 in the detail for Clay Core for PCSM Basin, in the common borrow fill area, the note indicates that “approved common borrow consisting of unified soil classification SM, SC, ML, CL, GM, GC, or combinations thereof…” are acceptable. Please clarify.
A: Clay Core Detail shall be revised in upcoming Addendum to eliminate ML materials.
Q (Paving): Several paving details reference minimum depths of restoration of pavement courses with an ominous note of “## Depth or match existing, whichever is greater”. As there is limited information on the existing pavement depths, would the Owner consider adding an item for say 500 tons of Additional 25mm Base or 19mm Binder Asphalt where existing depths exceed the minimum depths?
A: Quantiles will be adjusted per field conditions, if required.
Q (No subject): Are there additional requirements for the organic content of the 12“ depth of topsoil in the dray dam other than the 20% sand requirement?
A: Clean fill mixed with suitable percentage sand as noted.
Q (No subject): What are the specifications for the sand for the dry dam topsoil?
A: Sand shall conform to PennDOT Mortar Sand for the Regional Basin. The Dry Dam is a part of Contract 26-1.
Q (No subject): Embankment Backfill and Benching Detail on Sheet C-525 and on Sheet C-319 indicates 8” Topsoil. Topsoil and Seed Restoration Detail on Sheet C-610 indicates 6” depth. Please clarify.
A: Topsoil depth shall be revised to 8” depth in upcoming Addendum.
Q (No subject): On Sheet C-601 there is a detail for Hydraulic Grouting of Abandoned Pipe Line. What location(s) does this detail apply? Would the EOR consider changing this detail to Flowable Fill instead of Grout?
A: Revision of grout to flowable backfill will be provided in upcoming Addendum.
Q (No subject): Would the owner consider changing the Clay Core CY item to assume that the On-Site Soils would meet the soil requirements as shown on Sheet C-321? And have an alternate item to import Clay Soil from off site?
A: No. Clay core as shown is a requirement of the geotechnical report in consideration of the soil classifications identified during testing.
Q (No subject): There are items for R-3, R-4 and R-6 Aprons called out on the bid form for a total of 6 aprons; however, detail sheet C-607 shows seven aprons. Would the EOR update the quantities? In lieu of bidding aprons as EA, would the EOR consider revising the quantities and units to CY?
A: Rock Aprons listed on details sheet include both Contract 26-1 and Contract 26-2 items. These sheets are common to both contracts. Bid forms list the applicable channels in each contract. These items will remain a lump sum item.
Q (No subject): For the Demolition of Storm Line Item, is filling pipes with Flowable fill an acceptable “removal” method? If yes, what Type Flowable Fill is required?
A: PennDOT Flowable Backfill, Type C shall be provided.
Q (No subject): What is the specification for concrete to be used for cradles on PCSM basin pipes?
A: Concrete shall conform to PennDOT Concrete Collar for Pipe Extension.
Q (No subject): Would the owner add an item for concrete curb restoration per LF, say 200 LF?
A: Curb restoration shall be included in upcoming Addendum.
Q (No subject): What are the blasting restrictions, regulations, and specifications for mass rock blasting in the City of Scranton and for this project?
A: Blasting is not allowed as a part of this project.
Q (GEOTECHNICAL REPORT): The Geo-report shows 8-TB's were completed; only two actually are within the construction area( TB4 & TB7). Was the "Regional Basin" moved? Is there any other TB's or TP's within the construction area?
A: No additional geotechnical information is available.
Q (Builders Risk): Per 8, Section 6.04, The contract may be requiring Builder’s Risk coverage for the full value of the project. Will the owner accept the use of floater or if they will require a standalone Builder’s Risk policy?
A: The City will require a standalone builder's risk policy. A floater will not be allowed.
Q (No subject): It appears there are several questions and plan revisions forthcoming due to the questions submitted thru 4/8/26 by 11:59PM. This information will require time to process and review; and also may lead to further questions. Please would the Owner consider extending the bid date at least one week to 4/20/26 and extending the question period thru 4/15/26.
A: the city will not be extending the bid unsealing.
Q (No subject): Addendum 2 included a revised xls, however, pricing table document was not provided. Please clarify if pricing table is required to be submitted with the bid proposal. If yes, please provide updated form that matches the xls.
A: The electronic pricing table is required for submissions. It consists of the same information/quantities/unit measurements as the revised xls that was included on addendum 2. The city would like the xls sheet to be submitted as well.
Q (ROCK): Without a geotechnical report can an unit price for "Rock" be added per CY?
A: Excavation is identified as Unclassified. No quantity for rock will be included.
Q (GEOTECHNICAL REPORT): Please supply the Geo-report.
A: added in most recent addendum
Q (No subject): Line items 19-fine grading, and 28- 54"SLCPP with Trench Box, have a quantity of zero on the bid tab included with addenda #2 while the pricing table online includes quantities. Please Advise.
A: electronic pricing table and excel sheet bid forms both have the zero quantity after revisions were made.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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