RFP - Project/Program Manager

 

REQUEST FOR PROPOSALS

PROJECT AND PROGRAM MANAGER

DEPARTMENT OF PUBLIC WORKS

CITY OF READING, PENNSYLVANIA

 

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Table of Contents

 

Pre-Proposal Conference .......................................................................................................

Proposal Submission..............................................................................................................

Assignment of Key Staff........................................................................................................

Use and Qualifications of Subcontractors..............................................................................

Records Retention and Confidentiality..................................................................................

Qualification Criteria .............................................................................................................

Questions Regarding Specifications or Proposal Process .....................................................

Evaluation and Selection Process ..........................................................................................

Scope of Work to be performed.............................................................................................

Authorization of Invitation ....................................................................................................

Preparation of Proposals ........................................................................................................

Modification or Withdrawal of Proposals..............................................................................

Right to Reject Proposals ......................................................................................................

Disposition of Proposals ........................................................................................................

Minority and Women Business Enterprises...........................................................................

Equal Employment Opportunity ............................................................................................

Employment of Certain Persons Prohibited........................................................................... Subcontracts...........................................................................................................................

Independent Proposal ............................................................................................................

Execution of Contract ...........................................................................................................

Contract Alterations or Modifications ...................................................................................

Manner of Payment................................................................................................................

Contract Termination .............................................................................................................

Rights upon Termination of Contract ...................................................................................

Dissemination of Information ...............................................................................................

Ownership and Use ...............................................................................................................

Special Conditions .................................................................................................................

Qualifications.........................................................................................................................

Indemnification ......................................................................................................................

Insurance ................................................................................................................................

Insurance Limits Requirements ............................................................................................

Taxes ......................................................................................................................................

Observance of Laws, Ordinances, and Regulations...............................................................

Retention of and Right to Audit Records...............................................................................

Non-Collusion Affidavit .......................................................................................................

Non-Discrimination Statement ..............................................................................................

Subcontractor’s Surety Agreement ........................................................................................

 

The City of Reading (City) is seeking proposals from qualified individuals and/or consulting firms to supply assistance to the City’s Public Works Department with technical specification preparation, project/program development/implementation and general engineering. The City of Reading will receive sealed proposals in the office of the City Purchasing Coordinator, Rm. 2-45, City Hall, 815 Washington Street, Reading, PA 19601 until 3:00 P.M., prevailing time on Monday, March 20, 2016.

 

All costs incurred 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.

 

Mandatory Pre-Proposal Conference

 

There will be no mandatory pre-proposal conference.

 

Proposal Submission

 

Sealed proposals are to be submitted as discussed in the following pages by March 20, 3017 at 3:00 PM, prevailing time. Proposals received at the Office of the Purchasing Coordinator after the hour specified will not be considered.

 

Assignment of Key Staff

 

The key member(s) of the contract identified must be assigned to the contract and must remain assigned to the contract for its duration, unless the City of Reading agrees in writing to modify the assignment. If a key member leaves during the course of the contract, the City must be notified immediately, and the contractor must submit the replacement’s name and credentials for approval by the City prior to that person starting work on the contract.

 

Use and Qualifications of Subcontractors

 

The City recognizes that subcontractors may be required in order to meet the requirements listed in the scope of work. For each selected subcontractor proposed to be used by the laboratory, please provide details of the expertise and scope being provided by the laboratory as well as the laboratory’s relevant experience and depth of qualified personnel as it relates to the project. This shall be no more than one page per subconsultant or firm. In the event subcontractors are proposed to be used, they will be required to complete the attached Subcontractor Surety Agreement within ten days of the award of the contract.

 

Records Retention and Confidentiality

 

The successful firm shall maintain all records for seven (7) years after final payment on the contract and any and all other pending matters are closed. After the seven (7) year retention period, the City shall have the option to take possession of the work papers, reports, plans, permits and documents, electronic and / or hard copy, whenever the successful firm decides to dispose of them. The successful firm shall notify the City in writing prior to any disposal of documents related to this contract.

 

All reports, information, data, etc., furnished by the City to the proposing firm shall remain confidential and shall not be released to any individual or organization without the prior written approval of the City.

 

BONDS

 

Security, in the amount of ten percent (10%) of the proposal price shall accompany each proposal. This security may be a Certified or Cashier's Check, or a Proposal Bond furnished by a surety company, satisfactory to the City of Reading. The successful contractor, upon award of contract, shall furnish at the time of execution of the same, Payment Bond and a Performance Bond by a surety company acceptable to the City of Reading, in an amount equal to ONE HUNDRED PERCENT (100%) of the contract, to guarantee satisfactory performance. All bonds are subject to approval by the City Solicitor.

 

In case the contract is awarded to a contractor who fails to enter the contract or to deliver all required bonds and affidavits, the cash or check deposited shall become absolute property of the City; or if a bond has been deposited, it shall become payable immediately. Cash, checks or bonds deposited will be returned to unsuccessful vendors as soon as the contract is awarded, or all bids rejected.

 

INSURANCE

 

The Contractor, 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 Worker's Compensation, Public Liability and Property Damage, involved in the work. All subcontractors must also furnish copies of their liability insurance and Worker's Compensation Insurance certificates to the City. No subcontractor will be allowed to perform any work under this contract by the City unless such certificates are submitted to and approved by the City beforehand.

WORKER'S COMPENSATION AND PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE

 

The status of the Contractor in the work to be performed by him/her is that of any independent Contractor 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 he/she 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 Contractor, his/her sub- contractors, agents, or employees have been negligent, and the Contractor shall keep the City free and

discharged of and from any and all responsibility and liability therefore of any sort or kind. The Contractor 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 Contractor 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 Contractor 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. Contractor's Liability Insurance Certificate shall include the save harmless clause and shall be filed with the City.

 

The Contractor shall maintain such insurance as will protect him/her 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 himself, by any subcontractor or anyone directly or indirectly employed by either of them. Contractor's liability insurance shall be in the names of the Contractor and the City, as their respective interests may appear. Certificates of such insurance shall be filed with the City.

 

The minimum amount of liability insurance to be maintained by the Contractor 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.

 

Business Automobile Liability – For owned, non-owned, leased and hired vehicles with a combined single limit of not less than $1,000,000 for bodily injury and property damage.

 

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

 

Worker’s Compensation – Statutory limits in each state in which Service Provider is required to provide Worker’s Compensation coverage including “All States” and “Voluntary Compensation” endorsement, and a Waiver of Subrogation endorsement in favor of the County.

 

Employer’s Liability – with limits of not less than $100,000 Accident – Each Accident,

$100,000 Disease – Each Employee; and $500,000 Disease – Policy Limit.

 

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.

 

Please forward a certificate of insurance verifying these insurance requirements.

 

Errors and omissions insurance to cover any pollution liability incidents that may occur as a result of faulty testing procedures, methods and/or results.

 

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.

 

WAGES AND EMPLOYMENT REQUIREMENTS

 

Each bidder shall include in their proposal a statement that they pay not less than the prevailing wages, if required.

 

EQUAL EMPLOYMENT OPPORTUNITY

 

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

 

The Contractor will not discriminate against any employees or applicant for employment because of race, color, religion, sex, or national origin. The Contractor 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 Contractor 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 Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

 

The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or workers' representatives of the Contractor, commitments under this Section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

 

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

 

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

 

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.

 

SUPERVISION OF WORKERS

 

The Contractor shall provide qualified supervision of each crew at all times while working under this contract. Each supervisor shall be authorized by the Contractor to act upon all directives issued by the City. Failure for the supervisor to act on said directives shall be sufficient cause to give notice that the contractor is in default of the contract unless such directives would create potential personal injury or safety hazards.

 

The 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 be written agreement between the Contractor 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.

 

SUBCONTRACTS

 

The Contractor will not be allowed to subcontract work under this contract unless written approval is granted by the City. The Subcontractor, as approved, shall be bound by the conditions of the contract between the City and the Contractor. The authorization of a Subcontractor 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 Contractor. All directions given to the Subcontractor in the field shall bind the Contractor as if the notice had been given directly to the Contractor.

 

QUALITY

 

Where a certain article or "Approved Equal" is specified and the contractor intends to furnish an article which the contractor considers equal to the one named, the contractor must specify in the proposal the name and grade of said article. All disputes concerning grade and quality of materials or work shall be determined by a person duly authorized by City Council.

 

TIME OF COMPLETION

 

The contractors are herewith cautioned that the time of completion indicated in their proposal must be complied with. To insure timely completion, the successful contractor will be required to furnish adequate equipment, and qualified personnel in sufficient numbers at all times.

 

Where a date is set for delivery of materials or the performance of work, said materials must be delivered, or work performed, in accordance with the specifications or description herein contained on or before said date, or the order to the delinquent party will be cancelled and awarded to the next lowest

responsible contractor. 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.

 

PERMITS/LICENSES

 

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

 

BASIS OF PAYMENT

All prices to be quoted F.O.B. Reading, PA destination. The City of Reading is tax exempt. OBSERVANCE OF LAWS, ORDINANCES AND REGULATIONS

The Contractor 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 Contractor 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.

 

WITHDRAWAL OF PROPOSALS

 

Bidder will be given permission to withdraw any proposals after they have been received by the City's Purchasing Coordinator at his/her office, provided said request is in writing and properly signed. No proposals may be withdrawn for a period of thirty (30) days following the formal opening and receipt of proposals by City Council.

 

After a proposal has been opened, it may not be withdrawn except as provided by Act of January 23, 1974, P.L. 9 No. 4 as same may be amended.

NO CONTACT POLICY

 

After the date and time established for the receipt of proposals by the city, any contact by any proposer with any city representative, other than the Purchasing Coordinator, concerning the RFP is prohibited. Any such unauthorized contact may cause the disqualification of the proposer from this procurement action.

 

CITY VENDOR PREFERENCE

 

Per its charter, the city reserves the right to offer a ten percent (10%) preference to a business or individual headquartered in the city.

 

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.

 

EXECUTION OF CONTRACT

 

The successful vendor shall, within ten (10) calendar days after mailing of contract documents by the City to the Principal, enter into contract with the City on form as included within the proposal documents for the appropriate bonds, indemnities and insurances required hereunder.

 

The contract, when executed, shall be deemed to include the entire agreement between the parties; the Contractor 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. METHOD OF PAYMENT

All City of Reading disbursement requests on this contract shall be based and computed on invoices submitted by the Contractor/Successful Vendor or approved representative (Manager) on a monthly basis for actual work done according to the contract specifications and City codes and approved by a City official or person representing a City official (Parks Superintendent).

 

The City shall have the right to withhold disbursement funds if in the City's opinion work for which payment has been requested is of poor workmanship, contrary to any applicable codes and contract specifications, violation of appropriate paperwork requirements that are not up to date and approved for this billing period, Contractor/Successful Vendor fails to comply with this Agreement, or for other conditions or circumstances which the City deems not to be in the best interest of the public.

 

NOTICE TO PROCEED

 

The Contractor shall begin work on the job site within five (5) days after receiving Notice to Proceed from the City.

 

DISCONTINUANCE OF WORK

 

Any practice obviously hazardous as determined by the City shall be immediately discontinued by the Contractor upon receipt of either written or oral notice to discontinue such practice.

 

CONTRACT TERMINATION

 

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 in the public interest to void the contract.

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

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

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

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

  6. The contractor abandons the work.

 

Qualification Criteria

 

Please submit seven (7) sealed and bound copies of the firm’s technical proposal, seven (7) sealed copies of the firm’s project cost (each with the notation of “City of Reading Project and Program Manager”) and one flash drive with all of the information on it as detailed below to:

 

Tammi Reinhart, Purchasing Coordinator Purchasing Division, Room 2-45

815 Washington Street

Reading, PA 19601-3690

 

Questions Regarding Specifications or Proposal Process

 

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 March 6, 2017 at 3:00 PM. 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.gov

 

Any and all such interpretation will be in the form of an Addendum to the Contract Documents will be posted on the City’s website at www.readingpa.gov by March 13, 2017.

Evaluation and Selection Process

 

The City will employ a selection committee that includes technical and non-technical personnel. The goal of this RFP is to select the best suited firm using a quantitative ranking system and followed by the interview of selected firms if necessary. This process and the number of firms interviewed may be adjusted based upon the responses received, their evaluation, and the City’s desires.

 

Until the final firm selection, negotiation, award, and contract execution all contact with the City of Reading regarding this topic is to be directed to the Purchasing Division or the designated legal counsel finalizing contractual details. Failure to comply with this request will result in the disqualification of your firm for further consideration.

 

The City and its designated committee will evaluate all proposals, determine whether oral discussions with individuals, firms, or organizations are necessary, and select the firm best qualified to perform the scope of work. A qualification based selection process will be used.

The evaluation will be based upon the following areas in no particular order:

 

Qualifications and Technical Experience Performance of proficiency testing Relevant Project References Responsiveness to RFP

Price List and other economic/logistical considerations

 

The City may choose to conduct interviews with finalists after the initial review of proposals are complete. If interviews are conducted, finalists will be contacted individually by the Purchasing Coordinator’s office.

 

During the entire selection process, the firms shall only contact the Purchasing Coordinator regarding details of the work to be performed unless otherwise authorized. This will minimize missed information and duplication of effort.

 

The City has the responsibility to negotiate the most favorable cost terms and conditions to the City. The City will begin negotiations with the highest ranked firm and develop a final work scope and refine compensation. The negotiating process may involve one (1) or more RFP responses and may continue until the award of the contract. All proposals will become part of the official file on this matter without obligation to the City of Reading.

 

The City of Reading Purchasing Policy allows the City to base its selection on professional qualifications, experience, and familiarity with the nature of the service to be provided.

 

  1. SCOPE OF WORK TO BE PERFORMED

     

    The City of Reading (City) is seeking proposals from qualified individuals and/or consulting firms to supply assistance to the City’s Public Works Department with technical specification preparation, project/program development/implementation and general engineering. The work assigned will vary throughout the course of time and could be focused on preparing technical specifications,

    developing/implementing a single project/project, be very broad in developing/implementing multiple projects/programs simultaneously or any variation of technical specification development, project/program development/implementation combination. At this time we anticipate a considerable portion of the work will be preparing technical specification for a wide range of Public Works projects and programs; however, this can change pending the City’s needs. The work most likely will transition back and forth as the needs from the City’s Public Works Department dictate.

     

    The individual or consulting firm is required to submit a qualification and experience document with their proposal. If there is a team of professionals being proposed than there shall be a qualification and experience document for each team member. The City reserves the right to pre-approve and/or reject the individual(s) assigned to the City. Replacing the assigned individual(s) by the consultant without prior City approval is grounds for immediate termination of the agreement. Having a Pennsylvania professional engineer license is a plus. Additionally, having traffic engineering experience in Pennsylvania and having worked with PennDOT is a plus.

     

    The hourly rate for the individual or hourly rates for the consulting team shall be presented in the proposal. If a team approach is being presented than the percentage of time per team member shall be indicated in the proposal.

     

    The terms of this arrangement will be confirmed in a formal agreement between the individual or consulting firm and the City. The assignment duration is anticipated to be at least until year’s end of 2017. However, the City may extend the agreement for up to three additional one year terms. The City and/or the individual or consulting firm may discontinue this agreement at any time providing there is at least a 30-day written notice to the other party.

     

    The anticipated workweek should average approximately twenty hours but could vary from zero to forty. Total hours for the remainder of 2017 are anticipated to be approximately 850 hours of work; however, there is no guarantee of this number of hours as a minimum. The individual or consulting firm will only be paid for hours preapproved by the City and actually worked on City of Reading technical specifications and/or projects/programs development/implementation. The workweek will vary from time to time pending the project(s) or program(s) or technical specification being worked on and their associated deadline(s). The City will not pay overtime rates for any work provided and will not pay for hours not directly worked on City assignments.

     

    The individual/consulting firm shall supply a laptop computer for the individual(s) working on the City’s assignment(s) and any resulting work product prepared or developed under this agreement will be the property of the City of Reading.

     

    The selected individual or consultant will be assisting the Director of Public Works along with the Public Works Division Managers and Supervisors or other designees in preparing technical specifications, developing/implementing projects/programs and with general engineering. The work and skills may include but not be limited to the following.

     

    • Prepares technical specifications for Public Works related programs, projects and purchases.

    • Provides regular oral and written reports to the Director of Public Works and/or the assigned Division Manager on the status of specifications being prepared, projects/programs being

developed/implemented and/or general engineering be performed.

  • Prepares documentation and coordinates approvals required by various agencies as necessary.

  • Conducts information meetings on Public Works projects.

  • Assist with recommending items for a ten-year capital improvements program for engineering projects, public works improvements, traffic, streets, parks, property maintenance, solid waste, wastewater/utilities and fleet needs.

  • Assists and/or reviews development proposals and provides recommendations to the City Engineer or her/his designee, drafts and enforces development agreements with the Planning Department, assists with and/or manages the construction and performance of development related public improvements.

  • Assists with and/or prepares, evaluates and updates engineering design standards, specifications and contract documents for approval by the City Engineer or her/his designee.

  • Assists with and/or prepares grant applications and manages the implementation of various grants through PennDOT, DEP, Berks County or other grant funding sources.

  • Attends various committee meetings, Council Workshops, community meetings or other meetings as assigned by the Director of Public Works.

  • Assists with and/or prepares revisions to codes, ordinances and local regulations.

  • Assists the Director of Public Works and Division Managers with the annual department budget.

  • Visits construction sites as needed to make determinations that require professional engineering judgment.

  • Prepares and recommends for approval plans, bid documents, resolutions, specifications, cost estimates and other technical aspects of programs/projects pertaining to Public Works improvements and the purchase of Public Works equipment under the jurisdiction of Fleet Management.

  • Performs related work tasks as assigned by the Director of Public Works.

  • Assists with coordinating road improvements and maintenance with the PA Department of Transportation.

  • Works closely with the Engineering staff, Streets staff, Parks staff, Fleet staff, Properties staff, Solid Waste/Recycle staff, Wastewater/Utilities staff, Administrative staff and other Public Works staff.

  • Assists with coordinating City programs, projects and purchases using State Liquid Fuel Fund monies.

  • Prepares, evaluates and updates a comprehensive pavement management program.

  • Assists with coordinating street improvement projects.

  • Assists with coordinating City funded and CDBG funded curb and/or sidewalk projects. This includes but is not limited to ADA curb and sidewalk compliance.

  • Assists with ADA compliance in City owned buildings and on City owned properties.

  • May be assigned to confer with businesspersons, elected officials, and citizens to resolve complaints concerning traffic problems.

  • Study traffic conditions and develop plans for altering conditions to promote safety and reduce congestion.

  • Assists with and/or implements the City’s complete streets program.

  • Coordinate other Federal programs in which the traffic division is involved (pedestrian

    safety, handicap parking program, technical training, safety office systems, etc.)

    • Help locate alternate routes for detours due to parades, streets resurfacing, etc.

    • Evaluate statistical and physical data such as traffic counts, future projected traffic loads, accident statistics, (loading capacity for pavement and bridges, feasibility of widening pavements and installing turning lanes, etc.

    • Performs related work tasks as assigned by the Director of Public Works or her/his designee.

    • Perform all duties and essential functions in a matter consistent with the Departments vision and mission. Considerable ability to prepare technical specifications along with plan, organize, develop, implement, manage and administer projects and programs requiring coordination with others. The ability to work effectively with contractors, developers, other public agencies and the public. Skill in the review of design, plans or actual site structures to determine compliance with acceptable standards. The ability to accept responsibility, to make decisions, and to be a motivated team member working toward a coordinated effort. Shall have the ability to establish and maintain effective interpersonal relationships with employees, other departments and the public; the ability to communicate effectively, both verbally and in writing; the ability to insure compliance with and follow standard safety practices and procedures. The ability to use IBM PC compatible computer equipment to access, retrieve, or input information using CADD, Windows, Microsoft Office or other standardized software common to the work unit.

 

This position is not an employee of the City of Reading and will not receive any benefits associated with City employment.

 

Authorization of Invitation

 

Article VIII, Section 801 (b), of the City of Reading City Charter, gives the City the ability to engage independent consultation to represent or advise on specific individual matters. This section further states that representation must be secured by the Request for Proposal (RFP) process. The City of Reading Purchasing Policy recognizes and states that the awarding of a contract for professional services cannot be based solely upon the selection of the lowest bidder. Emphasis is placed on factors such as professional qualifications, experience, and familiarity with the nature of the services to be performed.

 

This RFP is issued by the City of Reading. Any questions or clarifications concerning the RFP shall be directed to the Purchasing Coordinator.

 

All requests for additional information concerning the RFP process and/or acceptance and approval of a contract must be issued in written form by the same time as technical questions. Responses to all questions will be issued to all prospective proposers in the form of an addendum as discussed above.

 

Preparation of Proposals

 

Firms are expected to examine any specifications, schedules or instructions included in the RFP package. Failure to do so will be at the firm’s risk.

The applicant shall submit the requested information in a complete and concise manner within the page limitations discussed.

 

Proposals are to be prepared simply, providing a straightforward and concise description of the successful firm’s, person’s, or subcontractor’s capabilities to satisfy the requirements of this proposal. Emphasis should be on completeness and clarity of content.

 

Each copy of the proposal and all documentation shall be bound in a single volume.

 

If erasures or other changes appear in the proposal, each erasure or change must be initialed by the person signing the submittal.

 

Receipt of amendments or addenda by a firm must be acknowledged on the appropriate City form and included in the proposal.

 

Ownership of all data, material, and documentation originated and prepared for the City pursuant to the RFP shall belong exclusively to the City and be subject to public inspection in accordance with the Freedom of Information Act and Pennsylvania Right to Know Act. Trade secrets or proprietary information submitted shall not be subject to the public disclosure; however, the firm must invoke this protection in writing. The proprietary or trade secret material submitted must be identified. The classification of an entire proposal, line item prices and/or total proposal prices as proprietary or trade secret is not acceptable and will result in rejection and return of proposal.

 

Modification or Withdrawal of RFPs

 

An RFP that is in the possession of the Purchasing Office may be amended by telegram, letter, or fax transmission bearing the signature or name of the person authorized for bidding, provided said request is in writing and properly signed or by telegram and is received at least two (2) hours prior to the time and date of opening. The communication shall not reveal the RFP price but should indicate the addition, subtraction or other change in the RFP.

 

An RFP that is in the possession of the Purchasing Office may be withdrawn by the firm in person, by fax, or by written request provided said request is in writing and properly signed or by telegram and is received at least two (2) hours prior to the time and date set for the opening. Request by telegram must be confirmed in writing, properly signed, which must be delivered within twenty-four (24) hours of the time and date set for the opening. No proposals may be withdrawn for a period of one hundred twenty

  1. days following the formal opening and receipt of proposals by the City of Reading.

     

    Right to Reject Proposals

     

    Submission of a proposal indicates the acceptance by the firm of the conditions contained in this RFP unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Reading and the firm.

     

    During the advertising process through the final firm selection and contract execution by both parties, any contact by proposing firms with any City representative, other than the Purchasing Manager,

    concerning the RFP is prohibited. Any such unauthorized contact may cause the disqualification of the firm from this procurement action.

     

    The City of Reading reserves the right without prejudice to reject any or all proposals in whole or in part. 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. The City further reserves the right to seek new proposals when such a procedure is reasonably in the best interest of the City to do so.

     

    The City will not pay for any information required in the RFP, nor is liable for any cost incurred by a firm in responding to an RFP.

     

    Disposition of Proposals

     

    All proposals submitted in response to the RFP become the property of the City and will not be returned to unsuccessful firms.

     

    Minority and Women Business Enterprises

     

    The City notifies all firms that minority and women business enterprises will be afforded full opportunity to submit proposals in response to this RFP and will not be discriminated against on the basis of race, color, national origin or ancestry. Firms hereby agrees that upon the award of the contract, the firm will not discriminate against any person who performs work because of race, religion, color, sex, national origin or ancestry.

     

    Equal Employment Opportunity

     

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

     

    • The firm will not discriminate against any employees or applicant for employment because of race, color, religion, sex, or national origin. The firm 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 firm agrees to post in conspicuous places, available to employees and applicants for employment, notices which may be provided by the City of Reading setting forth the provisions of this nondiscrimination clause.

       

    • The firm will, in all solicitations or advertisements for employees placed by or on behalf of the firm, 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 firm’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 of Reading contracts.

       

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

       

      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.

       

      Independent Proposal

       

      The parties hereto expressly agree and understand that the successful firm may not be an employee or agent of the City of Reading in any sense. Furthermore, the successful firm may not be affiliated with any chemical, technology, process, vendor, or manufacturer related to wastewater treatment. Any and all potential conflicts of interest should be brought to the City’s attention immediately. Contracts may be terminated should the situation warrant such action.

       

      Execution of Contract

       

      The contract will be drafted by the City and executed by both the City and the successful firm. Incorporated into that contract will be this Request for Proposal for Professional Services and the Proposal accepted by the City.

       

      The successful firm shall, within ten (10) calendar days after mailing of contract documents by the City to the Principal, enter into contract with the City.

       

      The contract, when executed, shall be deemed to include the entire agreement between the parties; the firm 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.

       

      Contract Alterations or Modifications

       

      This contract will be under the direct supervision of the City and/or its authorized representatives. Any alterations or modifications of the work performed under this contract shall be made only by written agreement between the firm and the City’s 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.

       

      Manner of Payment

       

      The successful firm will submit monthly invoices to the City of Reading before the payment of services. Those invoices shall be submitted to the Utilities Division of Public Works Department of the City of Reading. Upon receiving the requisite authorizations, the City of Reading will process the successful firm’s invoices less retainage and forward payment by check.

       

      Contract Termination

       

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

    • Previous unknown circumstances arise which make it desirable, in the best interest of the City, to void the contract.

    • The firm does not adequately comply with the specifications of the RFP or of the contract.

    • The firm refuses, neglects, or fails to supply properly trained or skilled supervisory personnel, personnel, and/or subcontractors, or proper equipment.

    • The firm neglects to carryout the directions of the City.

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

    • The firm refuses to proceed with work when and as directed by the City.

    • The firm abandons the work.

 

Rights upon Termination of Contract

 

Upon termination of the contract, the successful firm shall transfer, assign and make available to the City all property and materials in the firm’s possession or subject to the firm’s control that are the property of the City, subject to payment in full of amounts due to this contract.

 

Upon termination, the successful firm agrees to provide reasonable cooperation in arranging the transfer or approval of third party’s interest in all contracts, agreements and other arrangements, and all rights and claims thereto and therein following appropriate release from the obligations therein.

 

Dissemination of Information

 

During the term of the resulting contract, the successful firm may not release any information related to the services or performance of services under the contract, nor publish any reports, studies, or documents relating to the City of Reading, 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 firm or its agents or employees.

 

Ownership and Use

 

Firm shall ensure, to the fullest extent possible under law, that the City shall own any and all title and interest in and to, including copyrights, trade secret, patent and other intellectual property rights, with respect to any copy, photograph, advertisement, music, lyrics, or other work or thing created by firm or at the firm’s direction for the City pursuant to this contract and utilized by the City.

Special Conditions

 

It is the objective of this RFP to solicit proposals for a firm to perform professional services as described above.

 

It is the City’s intent that this RFP will encourage competition. It shall be the proposer’s responsibility to advise the City in writing of any language, requirements, specifications, etc., or any combination thereof that inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be received by the Purchasing Manager no later than one week prior to due date.

 

The City of Reading Purchasing Policy gives the ability to award a contract for professional services to be based solely on professional qualifications, experience, and familiarity with the conditions.

 

Qualifications

 

Each firm is requested to designate and name a qualified representative who shall be the contact with the designated City representative. This representative shall oversee all activities regarding the subject matter of this RFP if he/she or his/her firm is selected.

 

The desired experience and technical requirements for the submission are detailed above in the Technical Specifications. The successful firm shall be responsible for personnel, supplies, equipment, and local travel cost. The successful firm may bill the City for actual costs for additional tasks requested and authorized in writing by the City.

 

Indemnification

 

Successful firm hereby undertakes to indemnify and hold the City harmless from all losses, costs, damages and fees arising out of or in any manner connected with the successful firm’s performance of this agreement. Indemnification as herein provided for will be incorporated into the contract with the successful firm.

 

Taxes

 

The City of Reading is tax exempt. Tax exemption certificates will be issued to the successful firm upon request.

 

The successful firm will be responsible for remitting all Federal, State and Local taxes or contributions imposed or required under Unemployment Insurance, Social Security and income tax laws under the Workers’ Compensation Law with respect to this contract.

 

Observance of Laws, Ordinances, and Regulations

 

The successful firm shall keep fully informed on all federal, state and local laws, regulations, and all orders and decrees of bodies having any jurisdiction or authority which in any matter affect those engaged or employed on the work or which in any way affect the conduct of the work. The successful firm shall at all times during the terms of this contract observe and comply with all such laws,

ordinances, regulations, orders and decrees in force at the time of the award. The successful firm shall protect and indemnify the City of Reading and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulations, orders or decrees whether by the firm or the firm’s employee. No extension of time or additional payment will be made for loss of time or disruption of work caused by any actions against the successful firm for any of the above reasons.

 

Retention of and Right to Audit Records

 

The City of Reading shall be entitled to audit the books and records of a firm or any subcontractor(s) to the extent that such books and records relate to the performance of such contract or subcontract. Such books and records shall be maintained by the successful firm for a period of ten (10) years from the date of final payment under the prime contract and by the subcontractors(s) for a period of ten (10) years from the date of final payment under the subcontract unless a shorter period is otherwise authorized in writing by the City.

 

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.

 

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 affidavit, 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 affidavit; 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 (Name of Firm)

 

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 this Bid 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 bids for this Contract.

 

 

 

(Name and Company Position)

 

SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 20

 

 

 

Notary Public

My Commission Expires:

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

SUBCONTRACTORS’ SURETY AGREEMENT

 

THIS AGREEMENT entered into this day of , 20 by and between the CITY OF READING, a Pennsylvania municipal corporation, organized and existing under the Pennsylvania Home Rule Charter Act (hereinafter the “City”).

and

, a corporation [partnership], organized and existing under the laws of the Commonwealth of Pennsylvania, with its primary business office located at

, Pennsylvania 19 (hereinafter the “Primary Contractor”)

and

, a corporation [partnership], organized and existing under the laws of the Commonwealth of Pennsylvania, with its primary business office located at

, Pennsylvania 19 (hereinafter the “Subcontractor”)

BACKGROUND

  1. Whereas, the City and the Primary Contractor have entered into a contract for professional services related to the analysis of laboratory samples (the “Contract”); and

  2. Whereas, it is contemplated that the Primary Contractor will utilize subcontractors in its completion of the work under the Contract; and

  3. Whereas, the City desires to ensure payment to subcontractors utilized by the Primary Contractor in a prompt and expeditious fashion; and

  4. Whereas, it is the desire of the Subcontractor to receive prompt payment for any work completed by it in furtherance of the Contract.

NOW, THEREFORE, the parties hereto intending to be legally bound hereby agree as follows: The recitals contained hereinabove are hereby incorporated by reference.

The Primary Contractor hereby agrees to make payment to the Subcontractor within fifteen (15) days of its receipt of payment from the City which includes payment for services provided by the Subcontractor.

 

>In the event that the Primary Contractor does not furnish payment to the Subcontractor, pursuant to paragraph 2 above, the Subcontractor shall notify the City of the Primary Contractor’s failure to make payment in writing. Upon receipt of such notice from the Subcontractor, the City shall notify the

Contractor in writing of its failure to promptly pay the Subcontractor. Upon receipt of said written notice from the City, the Primary Contractor shall have seven (7) days to make payment to the Subcontractor for work completed in connection with the Contract.

 

In the event that the Primary Contractor fails to make payment to the Subcontractor within seven (7) days of the City’s notification to the Primary Contractor, the City shall have the ability and authority to make payment to the Subcontractor.

 

In the event that the City exercises its ability to make direct payment to the Subcontractor pursuant to paragraph 4 above, the City shall deduct the amount of the payment to the Subcontractor from future invoices submitted by the Primary Contractor.

 

The Primary Contractor shall have the duty and responsibility for providing executed Subcontractor Security Agreements to the City for any and all subcontractors to be utilized by it in furtherance of its duties under the Contract. In the event that the Primary Contractor enters into an agreement with a new subcontractor after the execution of the Contract and its having supplied the City with executed Subcontractor Security Agreements, the Primary Contractor shall furnish the City with an executed Subcontractor Security Agreement within fifteen (15) days of contracting with the new subcontractor.

 

In the event that the Primary Contractor fails to execute a Subcontractor Security Agreement with a new subcontractor it shall be liable to the City for payment of the entire amount of the Contract between the Primary Contractor and the new subcontractor. Said amount shall be deductible from future invoices submitted by the Primary Contractor and shall be remitted to the Primary Contractor less ten percent (10%) (the City’s liquidated damages), upon presentation of an executed Subcontractor Security Agreement.

 

All notices and other communications required or permitted to be given to any party under this Agreement shall be in writing and shall be deemed effectively given in all respects when delivered if manually delivered, or when delivered as reflected on the return receipt if mailed postage prepaid, registered or certified mail, return receipt requested, to the address set forth below, or to such changed address which either party shall have notified the other party in accordance with this section.

If to City of Reading: City of Reading

Law Office

815 Washington Street

Reading, PA 19601

 

If to Primary Contractor:

 

 

 

 

 

 

 

If to Subcontractor:

 

 

 

 

 

 

 

 

 

This Agreement shall be construed and enforced in accordance with the laws and decisions of the Commonwealth of Pennsylvania, as applied to contracts which are to be wholly performed and entered into within the boundaries of such state.

 

This Agreement represents the entire agreement and understanding of the parties with regard to the subject matter contained herein, and supersedes any and all prior written and oral agreements of the parties relating to such subject matter.

IN WITNESS WHEREOF, the parties have entered into this Agreement as of the first day written above.

 

CITY OF READING

 

By: Name:

Title:

 

Attest: Name:

Title:

 

PRIMARY CONTRACTOR

 

By: Name:

Title:

 

Attest: Name:

Title: SUBCONTRACTOR

By: Name:

Title:

 

Attest: Name:

Title: