RFP - 18th Wonder

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REQUEST FOR PROPOSALS

FOR

18th WONDER - ENGINEERING SERVICES

CITY OF READING

 

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TABLE OF CONTENTS

 

TABLE OF CONTENTS i

  1. REQUEST FOR PROPOSAL 1

  2. INTRODUCTION AND TECHNICAL SPECIFICATIONS 1

    PURPOSE 1

    SCOPE OF SERVICES 1

    DELIVERABLES 2

    AVAILABLE BACKGROUND INFORMATION 2

    PROJECT SCHEDULE 2

  3. PROPOSAL CONTENT 2

    1. QUALIFICATIONS AND TECHNICAL PROPOSALS 3

    2. COST PROPOSAL 3

    3. ASSIGNMENT OF KEY STAFF 4

    4. SUPPLEMENTARY DOCUMENTS 4

  4. PROPOSAL PROCESS 4

    1. PRE-PROPOSAL CONFERENCE 5

    2. PROPOSER’S CLARIFICATION AND QUESTIONS 5

    3. CONFIDENTIALITY OF THE PROPOSAL 5

    4. EVALUATION OF PROPOSALS 6

    5. PROCEDURE FOR REVIEW OF PROPOSALS 7

    6. WINNING PROPOSAL 7

  5. CONTRACT TERMS REQUIRED TO COMPLETE THE PROJECT 8

    1. INSURANCE 8

    2. EQUAL EMPLOYMENT OPPORTUNITY 8

    3. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED 9

    4. ALTERATIONS OR MODIFICATIONS 9

    5. SUBCONTRACTS 9

    6. RIGHT TO AUDIT RECORDS 9

    7. DISSEMINATION OF INFORMATION 10

    8. BUSINESS PRIVILEGE LICENSE AND TAX 10

    9. PERMITS / LICENSES 10

    10. OBSERVANCE OF LAWS, ORDINANCES AND REGULATIONS 10

  6. RESERVATION OF RIGHTS 10

NON-COLLUSION AFFIDAVIT 12

POLITICAL CONTRIBUTION AFFIDAVIT 15

PROPOSER’S STATEMENT FOR PUBLIC DISCLOSURE 18

CERTIFICATION OF NON-INDEBTEDNESS TO THE CITY OF READING 23

NON DISCRIMINATION STATEMENT 24

Attachment 1: Bid Form ......................................................................................................................

Attachment 2: Proposed Contract ........................................................................................................

Attachment 3: City of Reading Federal Procurement Guidelines (03/23/18 rev.)…………………...

Attachment 4: Community Development Block Grant Professional Services Contract Appendix

  1. REQUEST FOR PROPOSAL

     

    The City of Reading (“City”) is soliciting proposals (each, a “Proposal”) from engineering consulting firms (each, a “Proposer”) for the delivery of engineering Services for the 18th WONDER Curb Ramp Project hereinafter referred to as the “Services”. The City reserves the right to award all, some or none of the engineering Services set forth in this Request for Proposals (“RFP”) to any one Proposer based on the City’s review and assessment of the Proposals meeting the criteria set forth herein.

     

    The engineering Services contract will be funded by the City’s Community Development Block Grant program (CDBG). All applicable CDBG program requirements will apply. The construction of the Project will be funded by the PennDOT Transportation Alternatives Program (TAP). The Consultant shall provide the deliverables and other related services noted in the Scope of Work in accordance with PennDOT TAP guidelines.

     

    All costs incurred for submitting responses to this RFP by proposing firms are considered by the City to be marketing costs required in order to select a firm to perform this work, and the City will not be reimbursing for any costs incurred.

     

  2. INTRODUCTION AND TECHNICAL SPECIFICATIONS

     

    PURPOSE

     

    The City of Reading is seeking proposals for engineering Services to assist the City of Reading Public Works Department by providing design, bidding and construction phase assistance Services for the 18th WONDER Curb Ramp Project (the Project). The proposal shall detail the tasks and deliverables for the work with associated hours and costs by staff.

     

    SCOPE OF SERVICES

     

    The selected consulting firm (the Consultant) shall provide design, bidding and construction phase Services to assist Public Works with the Project. The goal of the Project is to prepare construction drawings and technical specification to indicate the locations for the installation of ADA compliant curb ramps at intersections along Hancock/East Wyomissing Boulevard. The design of the curb ramps shall be provided by the Contractor and shall be designed in accordance with the most current Pennsylvania Department of Transportation (PennDOT) publications and guidance. The crosswalk portions of the intersecting streets shall be included in the Contractor’s design to the extent needed to satisfy ADA accessibility requirements. The engineering design will require the City Engineer’s approval prior to installation. The Project includes approximately 40 sidewalk curb ramp quadrants. The following intersections are to be included in the Project area:

    Intersection of Hancock Boulevard/East Wyomissing Boulevard and

     

     

    • Gregg Avenue

    • Meade Street

    • Gerry Street

    • Scott Street

    • Patton Avenue

    • Parkside Drive South

    • McClellan Street

    • 3 Private Driveways @ Wyomissing Garden Apartments

    • Margaret Street

       

      The Consultant shall communicate and coordinate with the City’s project manager throughout all phases of the Project. The Consultant’s technical specifications shall instruct the Contractor to provide design phase Services that shall include an engineering evaluation of the existing sidewalk/intersection conditions and design of the curb ramps at the intersections as listed above. The construction drawings shall include the locations and general alignment for all of the curb ramps with sufficient details and specifications to the extent needed for the contractor to provide these items as a design/build construction element of the construction contract. The Consultant may use the existing ADA curb ramps/crosswalk concept plans which will be provided by the City. The completion of the engineering design phase Services shall be delivered within 60 calendar days from the Notice to Proceed.

       

      The Consultant shall specify that the construction contract shall be administered under PennDOT’s Transportation Alternative Program (TAP), and the Contractor shall comply with all related PennDOT requirements and procedures.

       

      The Consultant shall assist the City with technical responses to bidder’s questions and attendance at the pre-bid meeting during the construction contract bid phase of the Project.

       

      The construction contract is scheduled for award in August 2018. The curb ramp work is expected to be completed in fall of 2018. The Consultant shall provide the above design phase and bid phase, and construction phase Services in accordance with the actual schedule. The construction phase Services shall include technical project management assistance during the construction phase of the Project.

       

      The City will administrate the Project. During the construction phase, the Consultant shall provide the City with timely correspondences and field assistance to ensure that the Project is on schedule and completed within the shortest time possible. The consultant shall assist the City with technical support for submittal reviews, field change orders, contract change orders, RFI responses, payment applications and other technical items required to properly complete the construction contract. The Consultant shall assist with the preparations of design modifications during the construction phase where necessitated by changed site conditions.

      DELIVERABLES

       

      Services shall include the following deliverables. The Consultant shall prepare an engineering design report to be used to develop the design of the Project. The report shall analyze the existing conditions of each of the intersections in the Project and shall make recommendations for installation of ADA compliant curb ramps within the Project budget limitations.

       

      Preliminary design and final construction drawings and technical specifications shall be prepared for review and acceptance by the City. Consultant must be PennDOT prequalified. The design shall utilize PennDOT highway design and construction standards to the fullest extent applicable to this project. Technical specifications shall be prepared for all elements of the design including any special conditions that would supplement PennDOT Publication 408 specifications or other PennDOT construction standards. The final construction drawings and technical specifications shall be prepared for incorporation into the City’s Contract Document package for the construction of the 18th WONDER Curb Ramp Project. This Project is PennDOT TAP funded therefore design will require PennDOT review and approval of the Plans, Specifications, and Estimate Package (PS&E). The City will incorporate these documents into the City’s standard front end contract document package and will manage the advertisement and procurement of the construction contract (not a Pennbid procurement).

       

      The construction drawings and technical specifications shall include sufficient detail to direct the contractor to install curb ramps at the existing intersections as a design/build element of the construction contract. The Consultant shall include time and materials necessary to assist the contractor’s engineer with modifications to ensure the modifications are properly completed in a timely manner.

       

      AVAILABLE BACKGROUND INFORMATION

       

      Technical documents associated with the Project will be made available by the City to the Proposers.

       

      In addition, each Proposer must submit in its Proposal a list detailing the specific information, records and documents it will need from the City to perform the Project.

       

      PROJECT SCHEDULE

       

      The Selected Consultant shall begin work within ten (10) days of the City’s issuance of a Notice to Proceed. The initial activities of the Selected Consultant shall be to work with the City to review the Project schedule and budget to develop and present a workable approach to the City.

       

  3. PROPOSAL CONTENT

     

    While there is not a specific page limitation, the Proposals shall provide a straightforward, concise description of the Proposer’s ability to fulfill the requirements of the Project, as set forth in this RFP. In order to ensure a uniform review process and to obtain the maximum degree of

    comparability, it is required that the Proposals include the information and be organized in the manner specified below.

     

    1. QUALIFICATIONS AND TECHNICAL PROPOSALS

       

      As a component of the Proposal, each Proposer shall submit a “Technical Proposal” which shall include, without limitation, the information outlined in this RFP. The response under this section shall include the following:

       

      1. Company Overview: Provide an overview of the prime firm.

         

      2. Project Qualifications and Experience

         

        1. The Proposer shall demonstrate its knowledge and understanding of the Project with specific examples of similar efforts. Include a summary of each such relevant project experience by the Proposer.

           

        2. The Proposer shall submit at least three (3) of its clients (including names and phone numbers) as references and describe the relevant project (including project size and type) for such clients.

           

        3. The Proposer shall indicate its local knowledge and understanding.

           

      3. Project Approach: The Proposer shall describe its understanding and the approach to completing the Project.

         

      4. Schedule: The Proposer shall provide a preliminary Project schedule showing the planned approach, key task activities and milestones necessary to meet the Project schedule starting upon a Notice to Proceed. The Proposer shall identify significant potential risks that may impact the schedule with recommendations for the mitigation and/or elimination of such risks.

       

    2. COST PROPOSAL

       

      Payment for Services under this Project shall be on a time and materials (T&M), not-to-exceed fee basis. The Proposal shall include a “Cost Proposal” which shall identify a schedule of the proposed hourly billing rates for all members of the Consulting Team as well as a total not-to- exceed fee for all of the Selected Consultant’s Services to complete the Project. The Proposal shall include a detailed spreadsheet 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, tolls and document reproduction. 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, FAX and computer charges will not be allowed.

      If the Proposer anticipates additional Services not addressed in the bid form which, in its opinion, will be required for the Selected Consultant to complete the Project, such additional Services shall be noted on the bid form, with a general explanation of the Services, a brief justification as to why such Services may be required, and a corresponding proposal for the cost of such Services.

       

      The Selected Consultant will invoice the City in accordance with the process set forth in the Cost Proposal as it is incorporated in the Contract for its performance of the Project. Unless otherwise approved in writing by the City’s Managing Director, the Selected Consultant shall not be entitled to any payment from the City in excess of the not-to-exceed fee provided in the Cost Proposal and incorporated in the Contract.

       

      The Proposer shall also provide a schedule of hourly billing rates in the event that the City requests, in writing, additional Services be performed outside of the scope of Services specified herein.

       

      Refer also to “Proposal Submission” instructions below.

       

    3. ASSIGNMENT OF KEY STAFF

       

      The key member(s) of the proposed Consulting Team must be identified in the Proposal and assigned to the Project and must remain assigned and available to the Project for its duration unless such person leaves the employment of the Selected Consultant or the City agrees in writing to modify the proposed Consulting Team. If a key member leaves the employment of the Selected Consultant during the course of the Project, the City must be notified immediately, and the Selected Consultant must submit the name and credentials of the person replacing the key member for approval by the City prior to that person starting work on the Project.

       

    4. SUPPLEMENTARY DOCUMENTS

     

    The Proposer shall execute a Non-Collusion Affidavit, Non Discrimination Statement, Political Contribution Affidavit, Certification of Non-Indebtedness to the City as such documents are set forth below. Any Subconsultant identified in the Proposal shall also execute a Non Discrimination Statement and Political Contribution Affidavit, as such documents are set forth below. All such executed documents shall be included with the Proposal.

     

    Each Proposer and any Subconsultants identified in the Proposal shall provide a completed Proposer’s Statement for Public Disclosure, as such form is set forth below, with the Proposal.

     

  4. PROPOSAL PROCESS

     

    By submitting a Proposal, each Proposer certifies that it has read the complete RFP, understands the Proposal process, and has full knowledge of the scope, nature and quality of work to be performed associated with this RFP, and accepts and agrees to all provisions of this RFP.

    1. PRE-PROPOSAL CONFERENCE

       

      Non- mandatory pre-proposal meeting: April 13, 2018 at 10:00 AM at Council Chambers, 815 Washington Street, Reading, PA 19601.

       

    2. PROPOSER’S CLARIFICATION AND QUESTIONS

       

      To ensure fair consideration for all Proposers, the City prohibits communication to or with any City official, department director, division manager, employee, or the Project/Construction Manager related to this RFP prior to the submission of the Proposal with the exception of those questions relative to interpretation of specifications or the Proposal process.

       

      Interpretations of the meaning of the RFP documents made to any Proposer orally shall not be binding on the City or any other Proposer.

       

      The City is requesting that any questions or clarification requests be submitted in writing via e- mail, fax, or hand delivery by 2:00 PM April 19, 2018 It is the City’s intent to review these questions and provide a response to all of the Proposers (anonymously).

       

       

      Any interpretation made to prospective proposers will be expressed in the form of an addendum which, if issued, will be conveyed in writing to all prospective proposers no later than April 26, 2018.

       

      After the Proposal has been submitted to the City, communications related to this RFP, the Proposal or the Project initiated by a Proposer to the City shall be prohibited until a Contract has been executed by the City. Any communication between a Proposer and the City shall only be initiated by the appropriate City employee or agent in order to obtain information or clarification needed to develop a proper, accurate evaluation of the Proposal.

       

      Any prohibited 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.

       

    3. CONFIDENTIALITY OF THE PROPOSAL

       

      Under Pennsylvania’s “Right to Know” law, public records are required to be open for reasonable inspection. All Proposal information, including detailed price and cost information, will be held in confidence while the City is evaluating the Proposals. After the City and Selected Consultant have executed the Contract, all Proposals will become public records. Copies of said public records may be requested through the City’s Chief Clerk’s office.

       

      Trade secrets and other confidential proprietary data contained in the Proposal may be held confidential if the Proposer requests in writing that the City does so, and the City agrees in writing to do so. Material considered trade secrets or confidential proprietary data by the Proposer must be clearly identified and the Proposer must include a brief statement that sets out the reasons for

      requesting the confidentiality of each such material. Blanket statements that entire Proposal is confidential shall be unacceptable.

       

      The Proposal will become the exclusive property of the City and will not be returned.

       

    4. EVALUATION OF PROPOSALS

       

      The award of the Services associated with this RFP may or may not be made to the Proposer submitting the lowest price Cost Proposal. The award will be made to the Proposer whose Proposal is determined to be the most advantageous to the City, taking into consideration, without limitation the evaluation factors set forth below:

       

      1. Experience, qualifications, and commitment of the Consulting Team

        1. The degree to which the personnel on the Consulting Team have held responsible project positions for similar street design and construction projects;

        2. The degree to which the Consulting Team brings experience in the full range of skills (e.g.: familiarity with PennDOT design and construction methods), and expertise needed to accomplish the scope of work in all task areas;

        3. The specific commitments made in the Proposal for staffing the Consulting Team, including percent of Project Manager’s time dedicated to the Project;

        4. Experience within the local region (City of Reading and Berks county); and

        5. Any other experience and/or criteria the committee deems relevant.

           

      2. Experience and past performance of the Proposer and Consulting Team members on similar projects within the last five years:

        1. The experience of the Proposer and Consulting Team members in conducting projects of similar nature and complexity;

        2. The ability of the Proposer to draw on this experience to benefit the Project; and

        3. Any other experience and/or criteria the City deems relevant.

           

      3. Method of accomplishing the scope of work

        1. Proposed organization of the work;

        2. Unique capabilities that may influence the Project;

        3. Understanding of the appropriate levels of effort required (hours) for various tasks;

        4. Ability to identify Project risks and implement methods to mitigate or eliminate such risks to complete the Project within the proposed schedule, estimated budget and with the quality and/or performance specifications identified herein;

        5. Appropriate Project financial and management controls including, but not limited to,

          1. Clear method and effort level of meeting and tracking progress of schedule milestones, intended outcomes and deliverables for each task

          2. Quality assurance

          3. Project financial controls and invoicing systems

             

      4. Any other experience and/or criteria the City deems relevant.

      PROPOSAL SUBMISSION

      The original proposal and seven (7) copies of the Technical Proposal and Cost Proposals shall be grouped and submitted in separate sealed envelopes that shall plainly indicate on it the title of the proposal and the date for receiving. These shall be delivered to the City Purchasing Coordinator, Rm. 2-45, City Hall, 815 Washington Street, Reading, PA, until 3:00 P.M., prevailing time on May 4, 2018. The envelope shall be clearly labeled as 18th WONDER Project

      - Engineer Services.

       

      Proposals received at the Office of the Purchasing Coordinator after the hour specified will not be considered. Proposers are invited to be present at the RFP opening.

       

      WITHDRAWAL OF PROPOSALS

      Proposals may not be modified after submittal. Proposals may be withdrawn after submittal, provided the Proposer makes its request to withdraw in writing and the request is received and acknowledged by the City in writing prior to the time specified for the Proposal Opening.

       

      Negligence by Proposer in preparing its Proposal confers no right of withdrawal or modification of its Proposal after such Proposal has been opened. No claims on account of mistakes or omissions in any Proposal will be considered. Proposals are deemed a firm offer and each Proposer agrees that its Proposal shall not be withdrawn within one hundred twenty (120) days from the Proposal Opening.

       

    5. PROCEDURE FOR REVIEW OF PROPOSALS

       

      The City shall conduct a preliminary evaluation of all Proposals based on the information provided. The City will first review each Technical Proposal for compliance with the minimum qualifications and mandatory requirements of the RFP. Failure to comply with any mandatory requirements may disqualify a Proposal.

       

      Upon completing its technical review, the City will evaluate and score each of the Technical Proposals. The City will then open each of the Cost Proposals and complete a similar review, evaluation, and scoring.

       

      The City may arrange for meetings or interviews with one or more of the Proposers to clarify any aspect of its Proposal and to give a Proposer the opportunity to explain its credentials. The City has the responsibility to negotiate the most favorable cost, terms and conditions for the City. The negotiating process may involve one or more Proposers and may continue until the Contract is executed by the Selected Consultant. The City will contact the Proposers selected for an interview with the date and time for their respective interviews.

       

    6. WINNING PROPOSAL

     

    The City will select a winning Proposal if the City determines that an appropriate, acceptable and complete Proposal is submitted by a responsible Proposer which the City, at its sole and exclusive discretion, determines will provide the best overall value to the City.

  5. CONTRACT TERMS REQUIRED TO COMPLETE THE PROJECT

     

    The City will notify the selected Proposer with a “Notice of Award”. The selected Proposer and the City will execute a contract, in a form substantially similar to the proposed contract attached to this RFP as Attachment 3, for the completion of the Services identified in this RFP (the “Contract”) within seven (7) calendar days after the City’s transmittal of the Notice of Award. If the selected Proposer does not accept the Contract presented by the City within such time, the City may, in its sole discretion, withdraw the Notice of Award. Subject to the City’s reservation of rights below, the City may select another Proposer to award the Contract or withdraw the RFP.

     

    The Contract, when executed, shall be deemed to be the entire agreement between the parties; the Selected Consultant shall not base any claim for modification of the Contract upon any prior representation or promise made by the representatives of the City, or other persons. This RFP will be attached as an exhibit to the Contract.

     

    The Contract will include, without limitation, the following terms and conditions:

     

    1. INSURANCE

       

      The Selected Consultant shall be an independent contractor. The Selected Consultant shall properly safeguard against any and all injury or damage to the public, to public and private property, materials and things. The Selected Consultant shall be responsible for any and all damage, loss or injury to persons or property that may arise, or be incurred, in or during its performance of the Project.

       

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

       

      The minimum amount of liability insurance to be maintained by the Selected Consultant and its Subconsultants are identified in the Contract.

       

    2. EQUAL EMPLOYMENT OPPORTUNITY

       

      During the performance of the Contract, the Selected Consultant agrees as follows:

       

      The Selected Consultant will not discriminate against any employees or applicant for employment because of race, color, religion, sex, or national origin. The Selected Consultant 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 Selected Consultant agrees to post in conspicuous places, available to employees and applicants for employment,

      notices setting forth the provisions of this nondiscrimination clause. The City may elect to provide the Selected Consultant with the required form notice.

       

      The Selected Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Selected Consultant, 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 Selected Consultant’s noncompliance with the non-discrimination clauses above or with any applicable laws, the Contract may be canceled, terminated, or suspended in whole, or in part and the Selected Consultant may be declared ineligible for further City contracts.

       

      The Selected Consultant shall include the paragraphs set forth in this section in every subcontract or purchase order unless exempted.

       

    3. 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 the Contract.

       

    4. ALTERATIONS OR MODIFICATIONS

       

      The Contract will be under the direct supervision of the City, its authorized representatives or its agents. Any alterations or modifications of the work performed under the Contract shall be made only by written agreement between the Selected Consultant and the City’s authorized representative 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 a written agreement and signed by the City’s Managing Director.

       

    5. SUBCONTRACTS

       

      The Selected Consultant will not be allowed to subcontract work under the Contract unless prior written approval of each Subconsultant is granted by the City in its sole discretion. The Subconsultants shall be bound by the conditions of the Contract and shall execute and deliver to the City a Political Contribution Affidavit and Non Discrimination Statement prior to performing any Services under the Contract. All required notices, work orders, directives and requests for emergency Services will be directed to the Selected Consultant. All directions given to a Subconsultant in the field shall bind the Selected Consultant as if the notice had been given directly to the Selected Consultant.

       

    6. RIGHT TO AUDIT RECORDS

       

      The City shall be entitled to audit the books and records of the Selected Consultant or any of its Subconsultants to the extent that such books and records relate to the Contract or its performance of the Project. Such books and records shall be maintained by the Selected Consultant and its Subconsultants for a period of three (3) years from the date of final payment under the Contract unless a shorter period is otherwise authorized in writing.

    7. DISSEMINATION OF INFORMATION

       

      During the term of the Contract, the Selected Consultant may not release any information related to the Services or performance of Services under the Contract, nor publish any report or documents relating to the City, the account or performance of Services under the Contract without prior written consent of the City. The Selected Consultant shall indemnify and hold harmless the City, its officers, agents, and employees from all liability or damages which may be incurred by reason of the Selected Consultant’s unapproved 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 Selected Consultant or its agents or employees.

       

    8. BUSINESS PRIVILEGE LICENSE AND 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 rate of 2 ¼ mills upon the gross receipts attributable to business conducted within the City of Reading.

       

    9. PERMITS / LICENSES

       

      The Selected Consultant shall pay all fees and procure all licenses and permits necessary to complete the Project after first obtaining the written approval of the City. The Selected Consultant may invoice the City for the actual fees paid to the applicable regulatory agency to procure such licenses and permits. The Selected Consultant shall give any and all necessary formal notices required in conjunction with the lawful prosecution of the work of the Contract.

       

    10. OBSERVANCE OF LAWS, ORDINANCES AND REGULATIONS

     

    The Selected Consultant shall comply with all applicable Federal, State, and Local laws, ordinances, decrees, orders, published governmental guidance documents, and industrial statues, regulations, codes and standards.

     

  6. RESERVATION OF RIGHTS

 

The City reserves and may, at its sole discretion, exercise the following rights with respect to this RFP and all Proposals submitted pursuant to this RFP:

 

  1. To reject all Proposals and re-issue the RFP at any time prior to execution of a final Contract; to require, in any RFP for similar products and/or Services that may be issued subsequent to this RFP, terms and conditions that are substantially different from the terms and conditions set forth in this RFP; or to cancel this RFP with or without issuing another RFP.

  2. To reject any Proposal if, in the City’s sole discretion, the Proposal is incomplete, the Proposal is not responsive to the requirements of this RFP, the Proposer does not meet the qualification requirements set forth herein, or it is otherwise in the best interest of the City to reject the Proposal.

  3. To supplement, amend, substitute, or otherwise modify this RFP at any time prior to the execution of a final contract.

  4. To accept or reject any or all of the items in any Proposal and award a contract for the whole or only a part of any Proposal if the City determines, in its sole discretion, that it is in the City’s best interest to do so.

  5. To reject the Proposal of any Proposer that, in the City’s sole judgment, has been delinquent or unfaithful in the performance of any contract with the City, is financially or technically incapable, or is otherwise not responsible.

  6. To waive any informality, defect, non-responsiveness, and/or deviation from this RFP that is not, in the City’s sole judgment, material to the Proposal.

  7. To permit or reject, at the City’s sole discretion, amendments (including information inadvertently omitted), modifications, alterations, and/or corrections to Proposals by one or more of the Proposers following Proposal submission.

  8. To request that one or more of the Proposer modify their Proposals, including, but not limited to, modifying the pricing or provide additional information.

  9. To request additional or clarifying information from any Proposer at any time, including information inadvertently omitted by a Proposer.

  10. To require that the Proposer appear for interviews and/or presentations of their Proposals at City offices.

  11. To inspect projects similar in type and scope to the work sought in this RFP.

  12. To conduct such investigations as the City considers appropriate with respect to the qualifications of any Proposer and with respect to the information contained in any Proposal.

NON-COLLUSION AFFIDAVIT

 

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

 

  1. This Non-Collusion Affidavit is material to any contract pursuant to a proposal. 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, such as the Proposal submitted by the Proposer.

     

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

     

  3. Proposal rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should carefully examine it 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 Proposal.

     

  4. If the Proposal is submitted by a joint venture, each party to the venture must be identified in the Proposal documents, and a Non-Collusion Affidavit must be submitted separately on behalf of each party.

     

  5. The term “complementary proposal” as used in the Non-Collusion Affidavit has the meaning commonly associated with that term in the RFP process, and includes the knowing submission of a proposal 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.

     

  6. Failure to file a Non-Collusion 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:

     

    1. He/She is (Owner, Partner, Officer, Representative or Agent of Proposer)

       

      of , the Proposer that

      (Name of the Proposer) has submitted the attached Proposal;

       

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

       

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

       

    4. 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 or complementary 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 overhead, profit or cost element of the prices in the Proposal or the 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;

       

    5. 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,

       

    6. 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 (Name of Proposer)

 

and acknowledges that the above representations are material and important and will be relied on by the City of Reading in awarding the Contract(s) for which the Proposal is submitted. I understand, and the Proposer understands that any misstatement in this Non-Collusion 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:

 

By: Authorized Signatory

 

Title: President or Vice President

 

SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 20

 

 

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Notary Public

My Commission Expires:

POLITICAL CONTRIBUTION AFFIDAVIT

 

INSTRUCTIONS FOR POLITICAL CONTRIBUTION AFFIDAVIT

 

  1. This Political Contribution Affidavit is material to any contract pursuant to all proposals. Chapter 1, Section H, Exhibit A, Section 8 of the City of Reading’s Codified Ordinance places limitations and restrictions on the City’s purchase of Services from a professional business entity, as defined therein, under certain circumstances related to political contributions.

     

  2. This Political Contribution Affidavit must be executed by the member officer, or employee of the Proposer who is authorized to legally bind the Proposer. In addition, this Political Contribution Affidavit must be signed by any Subconsultant the Proposer identifies in the Proposal. To the extent a Subconsultant is identified by the Selected Consultant after submission of the Proposal, said Subconsultant shall sign this Political Contribution Affidavit prior to performing any Services on behalf of the City.

     

  3. If the Proposal is submitted by a joint venture, each party to the venture must be identified in the Proposal documents, and a Political Contribution Affidavit must be submitted separately on behalf of each party.

     

  4. Failure to file a Political Contribution Affidavit in compliance with these instructions will result in disqualification of the Proposal.

    POLITICAL CONTRIBUTION AFFIDAVIT

     

    State of

     

    County of

     

    , being first duly sworn, deposes and says that:

     

    1. He/She is (Owner, Partner, Officer, Representative or Agent)

       

      of (the “Proposer”),

      (Name of the Proposer)

       

      the Proposer that proposes to perform Services to the City of Reading;

       

    2. The Proposer hereby certifies, swears and represents to the City of Reading under penalty of perjury that it has not made a contribution in violation of Chapter 1, Section H, Exhibit A, Section 8.2 of the City of Reading’s Codified Ordinance.

       

    3. The Proposer certifies, swears and represents that it has not knowingly made a contribution in violation of Chapter 1, Section H, Exhibit A, Section 8 of the City of Reading’s Codified Ordinance and has not made or solicited contributions through intermediaries, third parties, immediate relatives, or PACs for the purpose of concealing the source of the contribution.

       

    4. Without limiting the generality of the foregoing, the Proposer certifies, swears and represents that neither the said Proposer, nor any of its principals who own 10% or more of the equity in the Proposer, officers of the Proposer in the aggregate or subsidiaries directly controlled by the Proposer made any contribution of money or pledge of a contribution, including in-kind contributions to (i) any campaign committee of any candidate for elective City office or to the current holders of any elective City office, or (ii) to any City of Reading party committee, or (iii) to any municipal party committee within the City of Reading, or (iv) to any candidate committee, state, or county political party or any Political Action Committee (“PAC”) that is engaged in the financial or in kind support of candidates for elective City of Reading offices, City elections and/or City of Reading political parties in excess of the maximum thresholds specified below within one calendar year immediately preceding the date of the Proposal. Proposer, its principals, officers or subsidiaries may annually contribute a maximum of $300 each or up to the amount of reportable contributions as may from time to time be established by State or Federal Law for any purpose to any candidate for elective City office or current office holder, or $500 to any City of Reading party committee, or municipal party committee within the City of Reading, or to a single or joint campaign account of a candidate committee, state or count political party or PAC. Any group of individuals, including principals, partners, and officers of the Proposer in the aggregate, may annually contribute a maximum of $2,500 to all candidates for elective City offices and to

officeholders with ultimate responsibility for the award of the contract, and all City and state political parties, municipal party committees within the City of Reading and PACs.

 

I state that understands (Name of Proposer)

 

and acknowledges that the above representations are material and important and will be relied on by the City of Reading in awarding the Contract(s) for which the Proposal was 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 and subject to penalty of perjury.

 

Name:

 

By: Authorized Signatory

 

Title: President or Vice President

 

SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 20

 

 

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Notary Public

My Commission Expires:

PRO POS ER’S S TATEMENT FOR PUBLIC DISCLOSURE

 

If space on this form is inadequate for any requested information, this should be furnished on an attached page which refers to the appropriate numbered item on this Proposer’s Statement for Public Disclosure.

 

1.

a.

Name of Proposer:

 

b.

Address and Zip Code of Proposer:

 

  1. If the Proposer is not an individual doing business under his own name, the Proposer has the status indicated below:

     

    a corporation organized under the laws of

     

    a partnership organized under the laws of

     

    a limited liability company organized under the laws of

     

    a joint venture organized under the laws of

     

    other (explain) organized under the laws of

     

  2. If the Proposer is not an individual or a government agency or instrumentality, give date of organization:

     

  3. Names, addresses, title of position (if any), and nature and extent of the interest of the officers and principal members, shareholders, investors other than a government agency or instrumentality, are set forth as follows:

     

    1. If the Proposer is a corporation, the officers, directors, trustees, and each stockholder owning more than 10% of any share of stock.

       

    2. If the Proposer is a partnership, each partner, whether a general or limited partner, and either the percent of interest or a description of the character and extent of interest.

       

    3. If the Proposer is a business association or a joint venture, each participant and either the percent of interest or a description of the character and extent of interest.

       

    4. If the Proposer is some other entity, the officers, the members of the governing body, and each person having an interest of more than 10%.

       

       

      NAME, ADDRESS & ZIP CODE

      POSITION TITLE (if any) AND PERCENT OF INTEREST OR DESCRIPTION OF CHARACTER AND EXTENT OF INTEREST

        
        
        

       

  4. Name, address and nature and extent of interest of each person or entity (not named in response to Item 4) who has a beneficial interest in any of the shareholders or investors named in response to Item 5 which gives such person or entity more than a computed 10% interest in the Proposer (for example, more than 20% of the stock in a corporation which holds 50% of the stock of the Proposer, or more than 50% of the stock in a corporation which holds 20% of the stock of the Proposer).

     

     

    NAME, ADDRESS & ZIP CODE

     

    DESCRIPTION OF CHARACTER AND EXTENT OF INTEREST

      
      
      

     

  5. Names (if not given above) of officers and directors or trustees of any corporation or firm listed under Item 4 or Item 5 above:

  6. Is the Proposer a subsidiary of or affiliated with any other corporation or any other firm or firms?

    YES NO. If yes, list each such corporation or firm by name and address, specify its relationship to the Proposer, and identify the officers and directors or trustees common to the Proposer and such other corporation or firm:

     

    Subsidiary or Affiliated Entity Name

    Address

    Relationship to Proposer

    Common Officers, Directors or Trustees

        
        
        

     

  7. List the federal grant projects under Title I of the Housing and Community Development Act of 1974 (CP.L.93-383), as amended, in which the Proposer or any of the principals of the Proposer is or has been the contractor, or a stock-holder, officer, director or trustee, or partner of such a contractor:

     

  8. If the Proposer or a parent corporation, a subsidiary, an affiliate or a principal of the Proposer is to participate in the Project as a Subconsultant:

     

    1. Name and address of such Subconsultant:

       

      Name of Subconsultant

      Address

        
    2. Has such Subconsultant within the last 10 years ever failed to qualify as a responsible bidder or proposer, refused to enter into a contract after an award has been made, or failed to complete a contract?

       

      YES NO. If yes, explain:

       

    3. Outstanding contract bids of such Subconsultant:

       

      Awarding Agency

      Amount

      Date Opened

       

      $

       
       

      $

       

       

  9. Brief statement respecting equipment, experience, financial capacity, and other resources available to such Subconsultant for the performance of the work or Services involved in the contract, specifying particularly the qualifications of the personnel, the nature of the equipment, and the general experience of the Subconsultant.

     

  10. a. Does any member of the governing body or employee of the Local Public Agency or any officer or employee of the Local Public Agency who exercises any functions or responsibilities in connection with the awarding and/or carrying out of the contract have any direct or indirect personal interest in the Proposer or in the Proposer’s performance under the contract?

YES NO. If yes, explain:

 

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b. Does any member of the governing body of the locality in which the Public Improvement Project is situated or any other public official of the locality, who exercises any functions or responsibilities in the review or approval of the awarding and/or carrying out of the contract have any direct or indirect personal interest in the Proposer or in the Proposer’s performance under the contract? YES NO. If yes, explain:

 

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CERTIFICATION

 

I (We) certify that this Proposer’s Statement for Public Disclosure is true, accurate and complete to the best of my (our) knowledge and belief(s) after reasonable inquiry.

 

DATED: DATED:

 

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(SIGNATURE) (SIGNATURE)

 

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(TITLE) (TITLE)

 

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(ADDRESS & ZIP CODE) (ADDRESS & ZIP CODE)

 

  1. - If the Proposer is an individual, this Proposer’s Statement for Public Disclosure should be signed by such individual; if a partnership, by one of the partners; if a corporation or other entity, by one of its chief officers having knowledge of the facts required by this Statement.

  2. - Penalty For False Certification: It is unlawful to knowingly and willfully making or using any false writing or document, knowing the same to contain any false, fictitious or fraudulent statement or entry in a matter to a public servant under Section 1001, Title 18, of the U.S.C. and Section 4904, Title 18 of the Pennsylvania Consolidated Statutes. Penalties may include a fine of not more than $10,000, imprisonment of not more than five years, or both.

CERTIFICATION OF NON-INDEBTEDNESS TO THE CITY OF READING

 

Proposer hereby certifies and represents that Proposer and Proposer’s parent company(ies) and subsidiary(ies) are not currently indebted to the City of Reading (the “City”), and will not at any time during the term of this Contract (including any extensions or renewals thereof) be indebted to the City, for or on account of any delinquent taxes, liens, judgments, fees or other debts for which no written agreement or payment plan satisfactory to the City has been established. In addition to any other rights or remedies available to the City at law or in equity, Proposer acknowledges that any breach or failure to conform to this certification may, at the option of the City, result in the withholding of payments otherwise due to Proposer and, if such breach or failure is not resolved to the City’s satisfaction within a reasonable time frame specified by the City in writing, may result in the offset of any such indebtedness against said payments and/or the termination of this Contract for default (in which case Proposer shall be liable for all excess costs and other damages resulting from the termination).

 

Proposer:

 

Name:

 

By: Authorized Signatory

 

Title: President or Vice President

 

Attest:

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 ensure 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.

 

Name:

 

By:

 

Title:

Attachment 1: Bid Form

 

FORM OF BID BOND BOND

 

KNOW ALL MEN BY THESE PRESENTS that we, the undersigned,

 

, as Principal (the "Principal"), and

 

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a corporation organized and existing under laws of the

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Surety (the "Surety"), are held and firmly bound

unto as

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of , as

 

Obligee (the "Obligee"), as hereinafter set forth, in the full and just sum of

 

Dollars ($ ),

lawful money of the United States of America, for the payment of which sum we bind ourselves, our

 

heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

 

WITNESSETH THAT:

 

WHEREAS, the Principal herewith is submitting a Proposal to the Obligee to perform the

Work in connection with the construction of

pursuant to plans, specifications and other documents constituting the Contract Documents which are incorporated into said Proposal by reference (the "Contract Documents"), as prepared by the Department of Public Works, City Hall, 815 Washington Streets, Reading, PA 19601-3690.

 

WHEREAS, it is a condition of the receipt and consideration by the Obligee of said Proposal that it shall be accompanied by proposal guaranty to be held by the Obligee on terms hereinafter set forth.

NOW, THEREFORE, the condition of this Bond shall be such that, if the Principal, within ten (10) days after mailing of contract document by the City to Principal, shall furnish to the Obligee a Performance Bond, Payment Bond and a Wage Rate Compliance Bond, and upon award of a contract to him by the Obligee, shall execute and deliver the Agreement and furnish to the Obligee proper evidence of effectiveness of insurance coverage, respectively within the time, in the forms and in the amounts, as appropriate, required by the Contract Documents, then this Bond shall be void, otherwise, this Bond shall remain in full force and effect.

 

The Principal and the Surety agree to pay to the Obligee the difference between the amount of said Proposal, as accepted by the Obligee, and any higher amount for which the required work shall be contracted for by the Obligee, together with any additional advertising costs, architect's fees, legal fees and any all other fees and expenses incurred by the Obligee by reason of the failure of the Principal to enter into such Agreement with the Obligee, or to furnish such Contract Bonds, or to furnish evidence of effectiveness of such insurance coverage; provided, however, that (1) the obligation of the Surety shall not exceed the stated principal amount of this Bond; and (2) if the Obligee should not procure an executed contract with any other person for the performance of the work contemplated in said Proposal, as accepted by the Obligee, upon the same terms and conditions, other than price, as provided in the Contract Documents, within the period provided in the Contract Documents during which no proposals of bidders may be withdrawn, whether because of the lack of other proposals, or because of the inability or refusal of any other bidder to enter into an appropriate contract, or because the cost under any higher proposal would be greater than the Obligee shall determine, in its sole discretion, that it can afford, then the Principal and the Surety agree to pay to the Obligee the full amount of this Bond as liquidated damages.

 

IN WITNESS WHEREOF, the Principal and the Surety cause this Bond to be signed, sealed and delivered this day of , 20 .

 

(INDIVIDUAL PRINCIPAL)

 

 

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(Seal)

 

(Signature of Individual)

 

Witness:

 

 

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Trading and Doing Business as:

 

 

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(PARTNERSHIP PRINCIPAL)

 

(PARTNERSHIP PRINCIPAL)

 

 

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(Seal) (Name of Partnership)

 

Witness:

 

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By:_

(Seal) (Partner)

 

Witness:

 

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By:_

(Seal) (Partner)

 

Witness:

 

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By:_

(Seal) (Partner)

 

Witness:

 

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By:_

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(Seal) (Partner)

(CORPORATION PRINCIPAL)

 

 

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(Name of Corporation)

 

By:_ (Vice) President

 

Attest:

 

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(Assistant Secretary)

 

(Corporate Seal)

 

(OR, IF APPROPRIATE)

 

 

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(Name of Corporation)

 

By:_ (Authorized Representative)

 

Signed

 

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(Title)

 

Subscribed and sworn to before me on this day of , 20

 

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(Title)

 

My Commission Expires:

 

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(CORPORATION SURETY)

 

 

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(Name of Corporation)

 

By:_ (Attorney-In-Fact)

 

Witness:

 

 

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(Corporate Seal)

 

** Attach an appropriate Power of Attorney, valid and in effect as of the date of this affidavit, evidencing the authority of the Attorney-In-Fact to act in behalf of the corporation.

Attachment 2: Proposed Contract

Please See Link

Attachment 3: City of Reading Federal Procurement Guidelines (03/23/18 rev.)

Please see link

Attachment 4: - Community Development Block Grant Professional Services Contract Appendix

City of Reading Community Development Block Grant

Professional Services Contract Appendix

 

  1. Environmental Mitigation Measures

    The Design Professional will design the project to comply with mitigation measures as established and identified in the CDBG environmental review completed in accordance with 24 CFR Part 58.

     

  2. Section 3 of the Housing and Urban Development Act of 1968

    The Design Professional will ensure that, to the greatest extent feasible, opportunities for training and employment arising in connection with this CDBG assisted project will be extended to lower income project area residents. Further, the Design Professional will, to the greatest extent feasible, utilize business concerns located in or substantially owned by residents of the project area in the award of contracts and purchase of services and supplies.

     

  3. Clean Air and Water (contracts in excess of $100,000)

    The Design Professional shall comply with applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 USC 1857h-4 transferred to 42 USC 7607), section 508 of the Clean Water Act (33 USC 1368) , Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).

     

  4. Energy Efficiency

    The Design Professional shall comply with the 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 (Pub. L. 94-163 codified at 42 USCA 6321 et. seq.).

     

  5. Minority Business Enterprise

    Consistent with the provisions of Executive Order 11246 and OMB Super Circular 2 Part 200, the Design Professional will take affirmative steps to ensure minority businesses are used when possible as sources of supplies, equipment, and construction and services. Additionally, the Design Professional must document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names of the minority sub-contractors and suppliers to the City of Reading, Pennsylvania upon request.

     

  6. Ownership of Document

    All drawings, specifications, studies, and other material prepared under this contract shall be the property of the City of Reading, Pennsylvania and at the termination or completion of the Design Professional’s services shall be promptly delivered to the City of Reading, Pennsylvania. The Design Professional shall have no claim for further employment or additional compensation as a result of exercise by the City of Reading, Pennsylvania of its full rights of ownership. It is understood, however, that the Design Professional does not represent such data to be suitable for re-use on any other project or for any other purpose. If the City of Reading, Pennsylvania re-uses the subject data without the Design Professional’s written verification, such reuse will be at the sole risk of the City of Reading, Pennsylvania without liability to the Design Professional.

     

  7. Debarment

    The Design Professional by executing this contact certifies that neither it nor any firm, corporation, partnership or association in which it has a substantial interest is designated as an ineligible firm by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5).

  8. Reports and Information

    The Design Professional will maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this contract and such other records as may be deemed necessary by the City of Reading, Pennsylvania to ensure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the City of Reading, Pennsylvania or its authorized representative, and will be retained for five (5) years after the expiration of this contract.

     

  9. Access to Records

    It is expressly understood that the Design Professional’s records relating to this contract will be available during normal business hours for inspection by representatives of the City of Reading, Pennsylvania and U.S. Department of Housing and Urban Development.

     

  10. Employee-Employer Relationship

    The contracting parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City of Reading, Pennsylvania by the terms of this contract. It is understood by the parties hereto that the Design Professional is an independent contractor and as such neither it nor its employees, if any, are employees of the City of Reading, Pennsylvania for purposes of tax, retirement system or social security (FICA) withholding.

     

  11. Conflict of Interest

    The Design Professional warrants that it presently has no interest and will not acquire any interest, direct or indirect, in the CDBG project that would conflict in any manner or degree with the performance of its services hereunder. The Design Professional further covenants that, in performing this contract, it will employ no person who has any such interest.

     

  12. Modification and Assignability of Contract

    This contract contains the entire agreement between the parties, and no statements, promises or inducements made by either party or agents of either party, that are not contained in the written contract, are valid or binding. This contract may not be enlarged, modified or altered except upon written agreement. The Design Professional may not sub-contract or assign its rights (including right to compensation) or duties arising hereunder without the prior written consent of the City of Reading, Pennsylvania. Any sub-contractor or assignee will be bound by all of the terms and conditions of the Agreement.

     

  13. Section 109 of the Housing and Community Development Act of 1974

    The Design Professional will comply with the following provision: No person in the United States may, on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of or be subjected to, discrimination under any program or activity funded in whole or in part, with the funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 will also apply to any such program or activity.

     

  14. Nondiscrimination

    The Design Professional will not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideas, gender, age, marital status, physical or mental handicap or national origin.

  15. Procurement of recovered materials

Pursuant to 2 CFR Part 200.322 the Design Professional shall comply with applicable standards, orders, or requirements issued under section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds

$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.