Facilities Assessment Re-bid

 

Request for Proposals

Asset Inventory and Condition Assessment

City of Reading, Pennsylvania

 

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Table of Contents

  1. Introduction

  2. Scope of Services 2

    1. . Purpose 2

    2. Asset Categories and Proposal Options

    3. II.B. Transportation System 2:

    4. Property Assets 6

        1. 4: Urban Forest 8

        2. Information and Resources to be Provided by the City 9

        3. . Assessment and Work Product Requirements 9

        4. Summary Information; Presenting Findings

        5. Proposal Requirements

        6. Proposal Submission

        7. Submittal Requirements

        8. Qualifications and Experience

        9. Approach

        10. Alternative Proposals

        11. Non-Collusion Affidavit

        12. RFP Process

        13. Consultant Evaluation

        14. Consultant Selection Process .

        15. Withdrawal of Proposals

        16. Proposal Rejection .

        17. Questions

        18. Schedule

        19. Contract Requirements

        20. Execution of Contract

        21. Alternations or Modifications

        22. Subcontracts Termination of Contract

        23. Insurance Requirements

        24. Workers’ Compensation and Public Liability And Property Damage Insurance

        25. Equal Employment Opportunity

        26. Employment Of Certain Persons Prohibited

        27. Forms

        28. Right to Audit Records

        29. Dissemination of Information

        30. Business Privilege Tax

        31. Permits/ Licenses

        32. Observance of Laws, Ordinances and Regulations 13

      APPENDICES ...................................................................................................

    5. DOCUMENTS TO BE SUBMITTED WITH PROPOSAL .......................................

    6. DOCUMENTS TO BE SUBMITTED BY SUCCESSFUL PROPOSER.......................

      Request for Proposals

      Asset Inventory & Condition Assessment

       

      1. Introduction

         

        The City of Reading is a third-class City in Pennsylvania operating under the home rule form of government. The City is located in Berks County and has a population of approximately 90,000.

         

        The City is seeking proposals from qualified individuals and/or consulting firms to supply the City’s Public Works Department with a condition assessment, prioritized rehabilitation plan and ten-year schedule with cost estimates. The City intends to use the assessment and plan for two purposes: as a basis for formulating annual capital budgets for the next ten years and to populate a new asset management system to be procured by the City.

         

        This Request for Proposals (RFP) and all condition assessment work is to be administered by the City of Reading Public Works Department.

      2. Scope of Services II. A. Purpose

        The City of Reading wants accurate data that can be used to determine need and timing of preventative or remedial action to maintain the desired level of service of their assets. The three anticipated outcomes of this project are as follows:

         

        1. An accurate inventory of capital assets and an assessment their conditions.

        2. A draft timeline for the capital improvements identified as necessary through the condition assessment process. The timeline is to be divided into short (0-5 years), medium (5-10 years) and long (10+ years) time spans.

        3. Accurate cost estimates, particularly for short term needs, are required.

       

      1. B. Asset Categories and Proposal Options

        The City of Reading has multiple and diverse types of assets that are to be measured. Evaluating the condition of different asset types is expected to require different kinds of professional expertise, so firms may subcontract for any one of the four categories listed below, or for any combination of categories. Following this list is a description of each category. Descriptions are approximate, as the City does not have a current fully accurate inventory.

         

        1. Property Assets including buildings, facilities and land as well as equipment in parks and playgrounds.

           

            1. 1: Property Assets

               

              1. Buildings. The City’s best available list of buildings and properties is found in Appendix B. The City shall provide facility information that is available, such as drawings, maintenance records, and anecdotal information. However, such information may not be complete.

                 

                Each building, structure and property shall be inspected and evaluated. The consultant is expected to provide an architectural review; a mechanical, electrical and plumbing review; and a site review as described below. Apparent (i.e., non-invasive, non-destructive) conditions are to be reported. Energy savings opportunities should be identified as part of this assessment.

                It should be noted that the City has an ADA Transition Plan under development. A draft of the plan will be shared with the successful proposer for use in the assessment.

                 

                Resources for Americans with Disabilities Act include

                • The US Department of Justice released 2010 Standards for Accessible Design on September 15, 2010.

                • ADA.gov – Public Accommodations and Commercial Facilities (Title III)

                 

                1. Architectural Review

                  1. Document gross square footage, number of floors, construction type, and age (if available) or estimated age.

                  2. Visually review existing conditions and discuss with staff their knowledge of conditions and issues to be addressed.

                  3. Assess and document conditions of exterior walls, patios, terraces and balconies, roofing, windows and doors including notations of any thermal bridges, stairs, vertical transportation, visual structural components, special construction, and life safety systems.

                  4. Note any remaining, applicable warranties.

                  5. Identify any indications of foundation or structural failure requiring further investigation.

                  6. Visually assess and provide recommendations for improvements to interior finishes, including floor coverings, wall treatments, casework, door hardware, handrails, ceiling finishes, signage and decorative lighting.

                  7. The City has an ADA survey completed in 2014 by Great Valley Consultants. This report shall be provided to the consultant and results shall be incorporated in the consultant’s report as appropriate.

                     

                2. MEP Review

                  1. Describe the mechanical (HVAC), plumbing, fire protection and electrical systems as well as existing utilities (gas, electric, oil, water, etc.).

                  2. Catalogue and assess all major mechanical equipment to include chillers, boilers, pumps, air handlers, rooftop units, humidifiers and tanks. Provide information on existing condition, remaining life, and repair/replacement needs.

                    • To the extent possible, provide an equipment schedule for upload to the asset management system including manufacturer, model number, service capacity, age, condition, service life and current estimated replacement cost.

                  3. Catalogue via a significant sample exhaust systems and fan coil units so that overall conclusions about condition and repair/replacement and/or predictive/preventative maintenance can be developed and options included in CIP.

                  4. Provide an overview of piping, BAS controls, HVAC louvers and their operations.

                  5. Catalogue and assess power distribution equipment and emergency generators.

                  6. Provide an overview of lighting, fire alarm, call assist, low voltage systems, CCTV, emergency lighting and power, and access control systems as applicable.

                  7. Catalogue and assess all domestic water heating systems.

                  8. Provide an overview of domestic water piping, storm water, natural gas, sanitary piping, and plumbing fixtures.

                  9. Catalogue and assess all fire protection equipment including fire service, fire department connection locations, fire pumps, dry systems, and sprinkler systems as applicable.

                  10. Provide code compliance review of existing systems.

                  11. Identify apparent energy savings opportunities.

                     

                3. Site Review

                  1. Evaluate conditions of existing topography, access and egress, paving, curbing, parking, property lighting, sidewalks, landscaping and appurtenances, utilities, and storm water drainage.

                 

                1. Parks and Playgrounds and the land, facilities, and equipment within them

                  The City of Reading has over 138 acres of developed and open space parkland that offers a wide variety of recreational opportunities for residents and those who come to visit. The Reading Recreation Commission provides and manages the neighborhood-based recreation opportunities at schools, City-owned parks and playgrounds, and at the two recreation centers. However, the City of Reading is responsible for maintenance of all parks and facilities managed by Rec Commission except those at schools.

                   

                  The City’s best available list of parks, facilities and equipment is found in Appendix C.

                   

                  The City and the Reading Recreation Commission shall provide facility information that is available, such as drawings, maintenance records, and anecdotal information. However, such information may not be complete.

                   

                  Each park shall be evaluated to assess the condition of the man-made components and natural areas of each of Reading’s parks including the swimming pool at Schlegel Park and the woodshed and its contents at Egelman’s Park.

                   

                  1. Park Inventory and Analysis

                    1. Identify and physical features of each of the parks including existing built and natural features, with their condition and level of use.

                  2. Site Review

                    1. Evaluate conditions of existing topography, access and egress, paving, curbing, parking, property lighting, sidewalks, landscaping and appurtenances, utilities, and storm water drainage.

                 

            2. Information and Resources to be Provided by the City

               

              The City will provide information on assets that is available. Such information may include as-built drawings, databases, and documentation of specific assets or systems. However, information may not be available for any given asset category. In addition, the City cannot guarantee that the information it provides is accurate or current, and shall not be held responsible for the impact of any inaccuracies on the consultant’s work.

               

              City personnel familiar with the assets shall be reasonably available to speak with the consultant to provide information about assets based on experience including answering questions, going on walk-throughs of facilities, and so on.

               

            3. Assessment and Work Product Requirements

               

              Jessica Didow of the Public Works Department will be the primary contact for this work, but other staff members of Public Works and of other departments, including Information Technology, will assist in providing direction for the consultant’s work.

              Prior to beginning condition assessment work, the consultant will develop a plan for executing the work, including a timeline and requirements for City staff time and any other City resources. The City shall be provided a reasonable opportunity to review the plan and provide feedback, and the consultant shall make revisions accordingly.

               

              Condition assessments should reference building codes, engineering standards, estimated useful lives, best practices, and other standards as appropriate. The successful proposer shall develop templates for presenting condition information (customized by asset type, as necessary) and present them to the City for approval.

               

              Documentation of apparent facility conditions shall include the following (as appropriate based on asset type):

               

              1. Actual or estimated age of asset

              2. Describe asset/ component systems/ construction

              3. Assess functionality of asset:

                1. Perform a functionality versus use assessment

                2. Basic safety assessment

                3. Regulatory compliance assessment

              4. Determine relative asset condition scores

              5. Estimate useful remaining life of systems/ assets

              6. Document specific deficiencies with narrative and photographs. Photographs shall represent major or significant deficiencies (i.e., not all deficiencies) and shall be labeled to identify location

              7. Provide descriptions of repairs/ improvements required to correct deficiencies (or of asset replacement, as appropriate)

              8. Provide cost estimates to repair deficiencies or replace deficient systems/ assets

                1. Cost estimates must include explicit inflation assumptions

                2. Cost estimates must include appropriate, explicitly identified contingency amounts

              9. Complete data entry in format required by City for upload to City’s asset management system

              10. Identify energy savings opportunities for facility or asset type (as appropriate)

               

              Prioritization

              Condition assessment results should be compiled into prioritized lists of recommended improvements. Improvements shall be prioritized by type, and must also be prioritized across asset types (as applicable). The bases for prioritization shall be presented to the City for approval prior to use. Recommended improvements should take into account whether renovation or replacement is the optimal approach. The report shall include a section which describes cost estimation methodology.

               

              All recommended improvements should then be placed into a ten-year schedule based on priority, project cost, and annual budgetary parameters to be provided by the City. This schedule must be produced using Microsoft Excel. This ten-year schedule will be used by the City in the development of its annual capital budgets going forward. Estimated project costs shall be escalated based on explicitly stated growth factors.

               

              Training

              Proposers should cost estimate and estimate of time in the field recording data; time for City personnel to practice the survey methods; and a written reference document memorializing the information provided in training which includes a description of formal user training program; the type and duration of suggested; and any training materials offered.

               

            4. Summary Information; Presenting Findings

          Draft versions of the asset condition information, improvement costs, training, and the ten-year schedules shall be provided to City staff. Draft information should be provided in Microsoft Word and Microsoft Excel. City staff will be provided a reasonable opportunity to provide feedback on the draft documents.

           

          After making any required changes, the consultant will provide final versions of the documents. Final documents shall be provided in Microsoft Word and Microsoft Excel and shall also be provided as a single, consolidated Adobe PDF document.

           

          In addition, the consultant will produce summaries of documents in a format appropriate for presentations to senior City officials, City Council members, and other audiences. The Consultant shall assist the City in presenting its work to senior City officials and City Council as requested by the City.

      2. Proposal Requirements III.A. Proposal Submission

        The original proposal and five (5) copies, plus an electronic copy, shall be submitted in a sealed envelope that shall plainly indicate on it the title of the proposal and the submission due date. This shall be delivered to the City Purchasing Coordinator, Rm. 2-45, City Hall, 815 Washington Street, Reading, PA., until 3:00 P.M., Eastern Standard Time on August 10, 2017. The envelope shall be clearly labeled as RFP Asset Inventory and Condition Assessment. Proposals received at the Office of the Purchasing Coordinator after the deadline will not be considered.

         

        • The first page of the proposal must be a completed version of the Proposal Cover Sheet form that is included in the attachments to this RFP.

        • Pricing proposals shall be submitted on a separate document and sealed in separate envelope marked: City of Reading Asset Inventory and Condition Assessment, Price Proposal.

        • Pricing proposals should itemize the proposed price for each scope area.

        • Estimated hours and hourly rates per person shall be presented in the proposal.

         

          1. Submittal Requirements

             

            Candidates shall submit proposals that thoroughly respond to the items listed below. The most effective proposal will address the issues in this section, while minimizing unnecessarily elaborate presentation materials beyond that sufficient to present a complete and effective response. The proposal must be organized and presented in the exact order as outlined in this section. Failure to do so may remove the firm from further consideration.

             

            1. Qualifications and Experience

               

              The proposal must include the following items:

               

              1. Provide a summary of qualifications including experience with projects of similar size and type.

                1. Provide a minimum of three references, including telephone numbers and e-mail addresses.

              2. Identify the proposed firm/ team including key individuals, their qualifications and experience, and their proposed role on this project. The proposal should identify the primary point of contact. Provide an organizational chart as appropriate.

                1. Identify team members with asset condition assessment experience and any experience with municipal projects.

                2. Provide a list of all sub-consultants, their work assignments and the percent of the work each will be performing.

              3. Identify specific tools and processes used by the firm for cost estimating and asset condition assessments.

              4. Confirm the availability of the team and sufficient resources to provide required services timely.

              5. Show redundancy in the company of staff experienced in this type of work.

              6. State and explain of any instances where the firm has been removed from a project or disqualified from proposing on a project

              7. Provide the hourly rate for up to 40 hours for training sessions.

                 

                The City reserves the right to pre-approve and/or reject any individual(s) proposed for this project.

                 

            2. Approach

               

              This section of the proposal should explain what specific steps are to be taken to assess each asset type, methodologies to be employed, tools to be used, how cost estimates are to be developed, how improvements are to be prioritized, and what quality control measures will be taken. The approach section should include examples of what report components may look like, such as a survey forms, condition assessment template, cost estimation worksheet, and 10-year plan template.

               

              The proposal shall describe the Consultant’s approach to completing the required work timely. The Approach section should include a schedule that specifically addresses each asset category, as applicable. This section should also address how the work is to be phased and how long each phase is expected to take. Finally, this section should also describe how administrative tasks are to be carried out, e.g., how often the team expects to meet with City personnel and for what purposes; how progress relative to the schedule will be tracked and communicated; and how project costs will be tracked and invoiced.

               

              Asset categories. Approach requirements related to specific asset categories:

              1. Buildings: Provide sample data collection format.

                 

                Prioritization. Provide an explanation of how priorities will be established among assets of different types for the purpose of developing the 10-year schedule.

                 

          2. Alternative Proposals

             

            The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss the circumstances under which one alternative would be preferable to another.

             

          3. Non-Collusion Affidavit

         

        An executed Non-Collusion Affidavit must be included in proposal submissions. The Affidavit and instructions for completing it are attached to this RFP.

         

      3. RFP Process

         

          1. Consultant Evaluation

             

            Evaluation of the proposals will be based on the following:

            • Understanding of the requested work; merits of the described approach;

            • Demonstrated competence and professional qualifications of proposed staff;

            • Recent experience in successfully performing similar services; and

            • Proposed fees.

               

          2. Consultant Selection Process

             

            A Selection Committee will be established to review and evaluate all proposals submitted in response to this RFP. The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided. The Committee will first review each proposal for compliance with the minimum qualifications and requirements of the RFP. Failure to comply with any requirements may disqualify a proposal.

             

            After review, the City may arrange for a meeting with the top-ranked firms to clarify any aspect of the proposals and to give each the opportunity to further establish their credentials. Selection will be based on a combination of approach, qualifications, and price. If agreement is reached on all three items, an agreement will be drafted and presented to the Council for approval.

             

            The selection committee has the responsibility to negotiate the most favorable cost, terms and conditions to the City of Reading. The negotiation process may involve one or more RFP responses, and may continue until the actual award of the contract.

             

          3. Withdrawal of Proposals

             

            Proposers will be given permission to withdraw their proposals after they have been received in the City Purchasing Coordinator’s office, provided said request is in writing and properly signed. However, no proposals may be withdrawn for a period of ninety (90) days following the formal opening and receipt of proposals by the City of Reading.

             

          4. Proposal Rejection

             

            The City of Reading reserves the right to reject any or all proposals and to accept or reject any part of any proposal. It also reserves the right to waive any technical defects or minor irregularities, which in its discretion, is in the best interest of the City.

             

          5. Questions

             

            To ensure fair consideration for all firms, the City prohibits communication to or with any department director, division manager, or employee during the submission process with the exception of those questions relative to interpretation of specifications or the proposal process. Such communications initiated by a firm may be grounds for disqualifying the offending firm from consideration for award of the proposal and/or any future proposal.

            No interpretations of the meaning of the RFP documents will be made to any bidder orally. Every request for such interpretation shall be in writing to the City of Reading Purchasing Office, and to be given consideration must be received in writing prior to 3:00 PM on August 4, 2017. Direct inquiries to:

             

            Tammi Reinhart Purchasing Coordinator City Hall, Rm. 2-45

            815 Washington Street

            Reading, PA 19601

            FAX - (610) 655-6427

            Tammi.Reinhart@readingpa.gova>

             

            Any and all such interpretation will be in the form of an Addendum to the Contract Documents.

             

            Additionally, the City prohibits communications initiated by a proposer to the City Official or employee evaluating or considering the proposals prior to the time an award decision has been made. Any communication between proposer and the City may only be initiated by the appropriate City Official or employee in order to obtain information or clarification needed to develop a proper, accurate evaluation of the proposal. Communications initiated by a proposer may be grounds for disqualifying the offending proposer from consideration for award of the proposal and/or any future proposal.

             

          6. Schedule

         

        There will be no pre-proposal meeting for this project.

         

        The City expects to provide a notice to proceed to a consultant within two (2) weeks of the award of the contract.

         

      4. Contract Requirements V.A. Execution of Contract

      The successful Proposer shall enter into contract with the City within ten (10) calendar days after contract documents are mailed by the City to the Principal.

       

      The contract, when executed, shall be deemed to include the entire agreement between the parties; the Proposer shall not base any claim for modification of the contract upon any prior representation or promise made by the representatives or the City, or other persons. All attachments are considered as part of this document.

       

        1. Alternations or Modifications

           

          This contract will be under the direct supervision of the City or its authorized representatives. Any alterations or modifications of the work performed under this contract shall be made only by written agreement between the Proposer and the City authorized representatives and shall be made prior to commencement of the altered or modified work. No claims for extra work or materials shall be allowed unless covered by written agreement.

        2. Subcontracts

           

          The Proposer shall not subcontract work under this contract unless written approval is granted by the City. The Subproposer, as approved, shall be bound by the conditions of the contract between the City and the Proposer. The authorization of a Subproposer is to perform in accordance with all terms of the contract and specifications. All required notices, work orders, directives, and requests for emergency services will be directed to the Proposer. All directions given to the Subproposer in the field shall bind the Proposer as if the notice had been given directly to the Proposer.

           

        3. Termination of Contract

           

          The City shall have the right to terminate a contract or a part thereof before the work is completed in the event:

           

          1. Previous unknown circumstances arise, making it desirable or in the public interest to avoid the contract.

             

          2. The proposer is not adequately complying with the specifications.

             

          3. The proposer refuses, neglects, or fails to supply properly trained or skilled supervisory personnel and/or workers or proper equipment.

             

          4. The proposer in the judgment of the City is unnecessarily or willfully delaying the performance and completion of the work.

             

          5. The proposer refuses to proceed with work when and as directed by the City.

             

          6. The proposer abandons the work.

             

        4. Insurance Requirements

           

          Proposer agrees to procure and maintain professional liability insurance with an insurance company in good standing, naming the City as an additional insured, insuring payment of damages arising out of the performance of professional services for the City, in consultant’s capacity as service provider if such damages are caused by error, omission, or negligent act of the insured of any person of the organization for whom the insured is legally liable and responsible. Such insurance cannot be canceled until thirty (30) days after the City has received notice of the insured’s intention to cancel the insurance.

           

          The Successful Proposer, 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 Reading, its agents, and employees from any litigation involving Workers’ Compensation, Public Liability and Property Damage, involved in the work. All sub-proposers must also furnish copies of their liability insurance and Workers’ Compensation Insurance certificates to the City. The City will allow no subcontractor unless such certificates are submitted to and approved by the City beforehand.

              1. W o r k e r s ’ C o m p e n s a t i o n a n d P u b l i c L i a b i l i t y A n d P r o p e r t y D a m a g e I n s u r a n c e

                 

                The status of the Proposer in the work to be performed is that of any independent Proposer and as such, he/she shall properly safeguard against any and all injury or damage to the public, to public and private property, materials and things, and as such 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 Proposer, sub-contractors, agents, or employees have been negligent, and the Proposer shall keep the City free and discharged of and from any and all responsibility and liability therefore of any sort or kind. The Proposer 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. The Proposer 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 Proposer 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 by the City. Proposer’s Liability Insurance Certificate shall include the save harmless clause and shall be filed with the City.

                 

                The Proposer shall maintain such insurance as will protect the Proposer from claims under workers’ 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 the Proposer, by any subcontractor or anyone directly or indirectly employed by either of them. Proposer’s liability insurance shall be in the names of the Proposer and the City, as their respective interests may appear. Each policy and Certificate of Insurance shall contain an endorsement naming the City of Reading as additionally insured. Certificates of such insurance shall be filed with the City.

                 

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

                 

                • Comprehensive General Liability – for bodily injury and property damage – including any liability normally covered by a general liability policy with limits of not less than $1,000,000 per occurrence and $2,000,000 in the annual aggregate.

                   

                • Professional Liability – in minimum amounts of $1,000,000 per occurrence and $2,000,000 aggregate.

           

          Prior to commencement of performance of this Agreement, Contractor shall furnish to the City a certificate of insurance evidencing all required coverage in at least the limits required herein, naming the City of Reading, 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 Reading, 815 Washington Street, Reading, PA 19601. 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.

           

          Liability insurance shall include automobile coverage, including “hired automobiles and non-ownership automobiles.”

           

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

        5. Equal Employment Opportunity

           

          During the performance of this Contract, the Proposer agrees as follows:

           

          • The Proposer will not discriminate against any employees or applicant for employment because of race, color, religion, sex, or national origin. The Proposer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: 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 Proposer agrees to post in conspicuous places, available to employees and applicants for employment, notices which may be provided by the City setting forth the provisions of this nondiscrimination clause.

             

          • The Proposer will, in all solicitations or advertisements for employees placed by or on behalf of the Proposer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

           

          In the event of the Proposer’s noncompliance with the non-discrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Proposer may be declared ineligible for further City contracts.

           

          The Proposer will include the provisions of these paragraphs in every subcontract or purchase order unless exempted.

           

        6. Employment Of Certain Persons Prohibited

           

          No person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract.

           

        7. Forms

           

          The successful proposer will be required to submit an Indemnity Agreement, Stipulation Against Liens, and Non- Discrimination Statement; these forms are attached to this RFP. The successful proposer will also be required to provide a certificate of insurance as described above.

           

        8. Right to Audit Records

           

          The City shall be entitled to audit the books and records of a contractor or any sub-contractor to the extent that such books and records relate to the performance of such contract or sub-contract. Such books and records shall be maintained by the contractor for a period of three (3) years from the date of final payment under the prime contract and by the sub-contractor for a period of three (3) years from the date of final payment under the sub-contract unless a shorter period is otherwise authorized in writing.

        9. Dissemination of Information

           

          During the term of the resulting contract, the successful proposer may not release any information related to the services or performance of services under the contract, nor publish any reports or documents relating to the City, the account or performance of services under the agreement without prior written consent of the City; and shall indemnify and hold harmless the City, its officers, agents, and employees from all liability which may be incurred by reason of dissemination, publication and distribution, or circulation, in any manner whatsoever, of any information, data, documents, or material pertaining to the City, the account, or the contract by the contractor or its agents or employees.

           

        10. Business Privilege Tax

           

          The City of Reading imposes a Business Privilege License, at $55.00 per calendar year. In addition, a Business Privilege Tax is imposed at the service rate of 2 ¼ mills upon the gross receipts attributable to business conducted within the City of Reading. Failure to comply with payment, past, present or future, may result in additional penalties to the vendor as well as potential termination of the contract due to breach of RFP terms.

           

        11. Permits/ Licenses

           

          The Proposer shall, at own expense, pay all fees and procure all necessary licenses and permits needed to conduct the work required under the terms of this contract. The Proposer shall give any and all necessary formal notices required in conjunction with the lawful prosecution of the work of this contract.

           

        12. Observance of Laws, Ordinances and Regulations

       

      The Proposer at all times during the term of this contract shall observe and abide by all Federal, State, and Local laws which in any way affect the conduct of the work and shall comply with all decrees and orders of courts of competent jurisdiction. The Proposer shall comply fully and completely with any and all applicable State and Federal Statutes, rules and regulations as they relate to hiring, wages, and any other applicable conditions of employment.

      NON-COLLUSION AFFIDAVIT INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

      This Non-Collusion Affidavit is material to any contract pursuant to this bid. According to the Pennsylvania Antibid-Rigging Act, 73 P.S. 1611 et seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with proposals.

       

      This Non-Collusion affidavit must be executed by the member, officer, or employee of the proposer who is authorized to legally bind the proposer.

       

      Bid/Proposal rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of proposals are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the proposer with responsibilities for the preparation, approval, or submission of the bid.

       

      In the case of a proposal submitted by a joint venture, each party to the venture must be identified in the proposal documents, and an Affidavit must be submitted separately on behalf of each party.

       

      The term "complementary bid/proposal" as used in the Affidavit has the meaning commonly associated with that term in the RFP process, and includes the knowing submission of proposals higher than the proposal of another firm, any intentionally high or noncompetitive proposal, and any form of proposal submitted for the purpose of giving a false appearance of competition.

       

      Failure to file an Affidavit in compliance with these instructions will result in disqualification of the proposal.

      NON-COLLUSION AFFIDAVIT

       

      State of

       

      County of

       

      _, being first duly sworn, deposes and says that:

       

      He/She is of the Proposer that has (Owner, Partner, Officer, Representative or Agent)

      submitted the attached Proposal;

       

      He/She is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal;

       

      Such Proposal is genuine and is not a collusive or sham Proposal;

       

      Neither the said Proposer 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 Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal is submitted or to refrain from submitting in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication of conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overheld, profit or cost element of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Reading or any person interested in the proposed Contract;

       

      The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant; and,

       

      Neither the said Proposer nor any of its officers, partners, owners, agents or parties in interest, have any interest, present or prospective, that can be reasonably construed to result in a conflict of interest between them and the City of Reading, which the Proposer will be required to perform.

      I state that understands and acknowledges that the (Name of Firm)

      above representations are material and important, and will be relied on by the City of Reading in awarding the contract(s) for which this proposal is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of Reading of the true facts relating to the submission of proposals for this contract.

       

      (Name and Company Position)

       

      SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF _, 20

       

      Notary Public

      INDEMNITY AGREEMENT & HOLD HARMLESS

       

      KNOW ALL MEN BY THESE PRESENTS:

       

      WHEREAS, the undersigned has entered into a contract with the CITY OF READING, dated , 20 , providing for the

       

       

      City of Reading, Pennsylvania.

       

      NOW, THEREFORE, in consideration of the award of said contract to the undersigned, _, as well as in further consideration of the sum of ONE DOLLAR ($1.00) in hand paid to the said by the City of Reading, receipt whereof is hereby acknowledged, the said agrees to indemnify and save harmless the CITY OF READING, its officers, agents, servants, and employees against any and all loss, damage, costs and expenses which the said CITY may hereafter suffer, incur, be put to or pay by reason of any bodily injury (including death) or damage to property arising out of any act or omission in performance of the work undertaken under the aforesaid contract.

       

      EXECUTED this day of , 20__.

       

      By:

       

      Title:

       

      ATTEST:

       

      >

       

      (Title)

      STIPULATION AGAINST LIENS

       

      WHEREAS, _, hereinafter called the PROPOSER, has entered into a

      CONTRACT, dated

      , 20 _, with

      hereinafter called the CITY, to provide materials and perform labor necessary for the manufacture and furnishing of the: as set forth in the CONTRACT DOCUMENTS as prepared by the City of Reading.

       

      NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of the said CONTRACT, and for the consideration therein set forth, that neither the undersigned PROPOSER, any SUBPROPOSER or material man, nor any other person furnishing labor or materials to the said PROPOSER under this CONTRACT shall file a lien, commonly called a mechanic's lien, for WORK done or materials furnished for the above manufacture.

       

      This stipulation is made and shall be filed with the Berks County Prothonotary within ten (10) days after execution, in accordance with the requirements of Section 1402 of the Mechanics Lien Law of 1963 of the Commonwealth of Pennsylvania in such case provided.

       

      IN WITNESS WHEREOF, the parties hereto have caused the signature of their proper officers to be affixed thereto on this _day of 20 .

       

      (SEAL)

       

       

      (CITY OF READING)

      BY: TITLE:

      ATTEST:

       

      BY:

       

      TITLE:

       

      (SEAL)

       

      (PROPOSER)

       

      ATTEST: BY:

      TITLE:

      NON DISCRIMINATION STATEMENT

       

      The undersigned hereby certifies that it shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, familial status, or national origin. The undersigned shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, handicap, familial status, or national origin.

       

       

      BIDDER

       

      TITLE