1-11th and Pike Engineering Services.docx

Request For Proposal #2026-RFP-064 Title: 11th and Pike Recreation Center - Engineering Services - Building Renovation and Addition

REQUEST FOR PROPOSAL

2026-RFP-064

11TH AND PIKE RECREATION CENTER - ENGINEERING SERVICES - BUILDING RENOVATION AND ADDITION

City of Reading 815 Washington St Reading, PA 19601

City of Reading

REQUEST FOR PROPOSAL

11th and Pike Recreation Center - Engineering Services - Building Renovation and Addition Introduction Instructions to Bidders General Terms and Conditions Technical Specifications Evaluation Elements Vendor Questionnaire

Attachments:

A - ATTACHMENT - BID BOND FORM

B - ATTACHMENT -NON-COLLUSION AFFIDAVIT

C - ATTACHMENT - CERTIFICATE OF ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM

D - ATTACHMENT - CERTIFICATION OF NON-SEGREGATED FACILITIES

E - ATTACHMENT - CONTRACTOR'S STATEMENT FOR PUBLIC DISCLOSURE

F - ATTACHMENT - PROVIDER'S CERTIFICATION OF NON-INDEBTEDNESS

G - ATTACHMENT - EQUAL EMPLOYMENT OPPORTUNITY AND SECTION 3 QUESTIONNAIRE

H - ATTACHMENT -INDEMNITY AGREEMENT & HOLD HARMLESS

I - ATTACHMENT -STATEMENT ACCEPTING PROVISIONS OF WORKERS’ COMPENSATION ACT

J - ATTACHMENT - STATEMENT OF BIDDER'S QUALIFICATIONS

K - ATTACHMENT - SUPPLEMENTARY GENERAL CONDITIONS

L - ATTACHMENT - BUILD AMERICA, BUY AMERICA ACT AND MATERIAL CERTIFICATION

M - ATTACHMENT - NOTICE TO PROCEED

N - ATTACHMENT - PROPOSAL

O - ATTACHMENT - CONTRACT

Introduction Summary The City of Reading (City) is seeking bid/proposals for Engineering Services for the City's 11th and Pike Recreation Center as further detailed throughout this RFP inclusive of all tasks, deliverables and/or products required herein. If the City makes an award in connection with the bid/proposal, Attachment M “Contract” and all terms and conditions of this RFP as well as all documents incorporated therein shall form the entire agreement between the City and the successful Bidder.

Background N/A Contact Information Tammi Reinhart Purchasing Coordinator 815 Washington Street Room 2-45 Reading, PA 19601 Email: tammi.reinhart@readingpa.gov Phone: (610) 655-6207 Department:

Purchasing Timeline

Instructions to Bidders Notice to Bidders The City of Reading will receive sealed proposals via the Penn Bid portal (www.pennbid.bonfirehub.com) until 2:00 pm, prevailing time on Friday, May 15, 2026 for the 11th and Pike Recreation Center - Engineering Services - Building Renovation and Addition for the City of Reading, Pennsylvania, as per the specifications.

The Project is subject to the Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58. Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States, as further outlined by the Office of Management and Budget’s Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April 18, 2022.

The City of Reading reserves the right to accept or reject any and all bids, and to accept or reject any part of a bid, as may be in the public interest.

Funding for this project is from the City of Reading’s Community Development Block Grant.

Pre-Bid/Proposal Meeting N/A Due/Opening Dates The City of Reading will receive sealed electronic bid, inclusive of all requested information and supporting documents, and shall be submitted no later than 2:00 p.m., prevailing time, on Friday, May 15, 2026. All of the requested documents and information must be uploaded to the Penn Bid website (pennbid.bonfirehub.com). Bids received after the specified time will not be considered.

Bids will be opened publicly at 2:00 P.M., local prevailing time, the same day, Friday, May 15, 2026 (“Bid Opening”), Bidders may attend the bid opening, which is held in the Purchasing department on the 2nd floor room 2-45. A summary of bid/proposals received (company name and bid/proposal price for IFB’s and company name for RFQ’s and RFP’s) will be read during the bid/proposal opening.

Bid Modification/Withdrawal A bid/proposal that has been submitted to the City via the Penn Bid website (pennbid.bonfirehub.com) may be amended by withdrawing the bid/proposal via the Penn Bid portal. The bid/proposal may be withdrawn or amended and re-submitted up to twenty-four (24) hours prior to the time and date of opening.

No bids/proposals may be withdrawn for a period of one hundred twenty (120) days following the formal opening and receipt of proposals by the City of Reading.

Right to Reject Bid

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

b. During the advertising process through the final Contractor/Vendor selection and contract execution by both parties, any contact by proposing Contractors/Vendors with any City representative, other than the Purchasing Department Personnel, concerning the RFP is prohibited. Any such unauthorized contact may cause the disqualification of the Contractor/Vendor from this bid.

c. The City reserves the right without prejudice to reject any or all bid 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 a new bid when such a procedure is reasonably in the best interest of the City to do so.

d. The City will not pay for any information required in the RFP nor is liable for any cost incurred by a Contractor/Vendor in responding to an RFP.

e. Submission of a bid indicates the acceptance by the Contractor/Vendor of the conditions contained in this RFP.

f. A Bid that is incomplete, obscure, conditioned or contains additions or substitute products not called for or irregularities of any kind, including, but not limited to, alterations or erasures which are not initialed, may be rejected as non-conforming. Reasons for rejection of a Bid at the time of Bid Opening include, but are not limited to, failure to include required form attachments.

g. Any Bidder who has demonstrated poor performance during a current or previous agreement with the City may be considered a non-responsible Bidder and its Bid may be rejected. The City reserves the right to exercise this option as is deemed proper and/or necessary.

h. The City reserves the right to disqualify a Bid before or after opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the Bidder.

Bidder Questions/Requested Changes to RFP

a. To ensure fair consideration for all bidders, the City prohibits communication to or with any department or division manager or employee during the bid process with the exception of those questions relative to interpretation of specifications of the bid process. Such questions shall be submitted to the via the Penn Bid portal by 2:00 P.M., Thursday, May 7, 2026. Responses to questions shall be issued to all bidders in the form of a written addendum no later than Tuesday, May 12, 2026.

b. 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 Penn Bid Portal. Any and all questions shall be submitted no later than 2:00 p.m., prevailing time, on Thursday, May 7, 2026.

c. Bidder shall request exemptions through the questions and answer process. Any request not addressed through an addendum is not authorized.

Preparation Cost The City will not be responsible for any costs associated with the preparation or submittal of any Bid. If the City rejects a Bid or does not award an Agreement to any particular Bidder, the Bidder agrees that it will not seek to recover lost or expected profits, bid preparation costs or claims for unjust enrichment.

Disposal of Bid All Bid/proposals submitted in response to this RFP become the property of the City and will not be returned to successful or unsuccessful Bidder(s).

Authorization of Invitation

a. 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 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 bid. Emphasis is placed on factors such as professional qualifications, experience, and familiarity with the nature of the services to be performed.

b. This RFP is issued by the City of Reading. Any questions or clarifications concerning the RFQ shall be directed to the Purchasing Department via the Penn Bid portal (pennbid.bonfirehub.com) Q&A feature.

c. All requests for additional information concerning the RFP process, acceptance and approval as stated above, all contact must be issued in written form at the same time as technical questions. Responses to all questions will be issued to all prospective bidders/proposers in the form of an addendum as discussed above.

Preparation of RFP

a. Bidders are expected to examine any specifications, schedules or instructions included in the RFP package. Failure to do so will be at the bidder's risk.

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

c. Receipt of amendments/addenda by bidder must be acknowledged via the Penn Bid portal.

d. Bids must disclose the technical approach in as much detail as possible, including but not limited to the requirements specified in the Technical Bid Section, of this RFP. Major consideration shall be given to the evaluation of technical bid, price, and client assistance package in awarding this contract.

e. Bids are to be prepared simply, providing a straightforward, concise description of the successful proposers' capabilities to satisfy the requirements of this bid. Emphasis should be on completeness and clarity of content. Repetition of the terms and conditions of this RFP, without additional explanation, will not be considered sufficiently responsive.

f. Each copy of the bid and all documentation shall be submitted via the City's eProcurement Portal.

g. Ownership of all data, materials, 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. Trade secrets or proprietary information submitted shall not be subject to public disclosure; however, the bidder must invoke this protection in writing. The proprietary or trade secret material submitted must be identified. The classification of an entire bid, line-item prices and/or total bid prices as proprietary or trade secret is not acceptable and will result in rejection and return of bid.

General Terms and Conditions Bid Submission

a. An electronic bid, inclusive of all requested information and supporting documents, shall be submitted via the Penn Bid website (pennbid.bonfirehub.com) for the 11th and Pike Recreation Center - Engineering Services - Building Renovation and Addition. Bids shall be received until 2:00 P.M., prevailing time on Friday, May 15, 2026.

b. Specifications and Bid Forms for the above work can be obtained on the Penn Bid website (pennbid.bonfirehub.com)

c. Each proposal shall be accompanied by bid surety, when applicable in the amount of ten percent (10%) of the bid. A certified check or bid bond will be accepted.

d. The City of Reading reserves the right to accept or reject any and all bid, and to accept or reject any part of a bid that may not be in the best interest of the public as determined by the City.

e. Bids received after the time specified will not be considered.

f. The City of Reading shall provide public notification of this bid request through advertisement in the Reading Eagle and other media outlets it finds appropriate.

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

h. Bids are to be prepared simply, providing a straightforward and concise description of the successful Contractor’s: person’s, or subcontractor’s capabilities to satisfy the requirements of this bid. Emphasis should be on completeness and clarity of content.

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

j. 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 Contractor 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 bid prices as proprietary or trade secret is not acceptable and will result in rejection and return of bid.

k. To be considered, the bid must be submitted in accordance with all requirements set forth in this RFP.

l. Bids/Proposals shall be submitted in two (2) parts - a "Technical Bids/Proposal" and "Price Bids/Proposal". The Technical Bid/Proposal shall cover the technical aspects of the services but shall not include anu mention of proposed fees or out-of-pocket expenses. The Price Bid/Proposal shall include all details mentioned herein.

m. The following attachments are included herein and shall be submitted with the bid proposal:

· Bid Bond Form

· Non-Collusion Affidavit

· Certificate of Acknowledgement of receipt of addendum (if applicable)

· Certification of Non-Segregated Facilities

· Contractor's Statement for Public Disclosure

· Provider's Certification of Non-Indebtedness

· Indemnity Agreement & Hold Harmless

· Statement Accepting Provisions of Worker' Compensation Act

· Build America, Buy America, Act and Material Certification

· Proposal

· Contract

· Statement of Bidder's Qualifications

· Statement Against Liens

Insurance Each bid shall be accompanied by a COI providing the coverages and limits outlined herein.

The successful Bidder 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 Bidder shall indemnify and hold harmless the City of Reading 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. The selected Bidder shall protect the City, its agents, and employees, from any litigation involved in this contracted work. The Contractor’s Liability Insurance Certificate shall include the hold harmless clause and shall be filed with the City of Reading. All subcontractors must also furnish copies of their liability 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.

A. 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.

B. 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.

C. Umbrella/Excess Liability – with limits of not less than $5,000,000 per occurrence and $5,000,000 aggregate following from underlying liability coverage.

D. Workers’ 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 City.

E. 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.

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

G. The HUD minimum for Liability Insurance $1,000,000/Lead liability insurance $1,000,000/Occurrence-Based insurance/Workers’ Compensation insurance – City of Reading named as additional insured (City of Reading standards).

Prior to commencement of the performance of the 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 Insured for “ongoing operations” and “products and completed operations” for a period of three years after final payment under the Commercial General Liability Coverage. Coverage should be provided by ISO Endorsements CG20 10 04 13 and CG2037 04 13 or their equivalent. Contractor’s Commercial General Liability, Automobile Liability, and Umbrella/Excess Policy shall be Primary to and will not require contribution from any other insurance under which the Additional Insured is a Named Insured. To the fullest extent permitted by applicable state law, all policies shall contain a Waiver of Subrogation Clause. The Certificate shall note the project and provide that no policies may be cancelled without thirty (30) days advance written notice to the City. Such certificate shall be issued to: City of Reading, Attn: Risk and Safety Coordinator, 815 Washington Street, Reading, PA 19601. All insurance policies shall be in effect with companies holding an A.M. Best rating of “A-“ or better or financial rating of IX or better with the A.M. Best’s Company Key Rating, Guide Latest Edition and shall be licensed or authorized to do business in the Commonwealth of Pennsylvania. Such companies shall also be acceptable to the City. Said policies shall remain in full force and effect until the expiration of the terms of the contract or until completion of all duties to be performed hereunder by the Bidder, whichever shall occur later.

The Awarded Bidder(s) is required to submit a current COI each year during the term of the contract.

Bonds

a. Bid security, in the amount of ten percent (10%) of the bid price shall accompany each proposal. This bid security may be a Certified or Cashier's Check, or a bid bond furnished by a surety company, satisfactory to the City of Reading. All bonds are subject to approval by the City Solicitor. In case the contract is awarded to a bidder 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 bidders as soon as the contract is awarded, or all bids rejected.

b. Any surety bond submitted must be covered with surety of a company authorized to do business in the Commonwealth of Pennsylvania.

c. Surety bonds must be furnished using the form provided herein or a replication of this form by the surety company.

d. Bid security shall be made payable to the “City of Reading”.

e. Use of a Bond form other than the ones provided herein, such bids may be rejected immediately after opening as non-conforming and/or the contract to not be fully executed.

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

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 rate of 2-1/4 mills upon the gross receipts attributable to business conducted within the City of Reading.

Conflict of Interest

a. To preserve the integrity of City employees and elected officials and to maintain public confidence in the RFP process, the City prohibits the solicitation or acceptance of anything of value by a City employee or elected official from any person seeking to initiate or maintain a business relationship with City departments, Council, and agencies.

b. Bidder shall not pay any salaries, commissions, fees, or make any payments or rebates to any employee, elected official of the City or their designees. Nor shall Bidder favor any employee or elected official of the City or their designees with gifts or entertainment of significant cost or value or with services or goods sold at less than full market value.

c. It is the Bidder’s responsibility to include in their Bid a notification to the City of any principals in the company, their spouse, or their child who are employed by the City, and of any other possible conflict of interest that exists and the nature of that conflict. Bidder shall complete the Non-Collusion Affidavit Form attached herein.

d. The City reserves the right to disqualify a Bidder or cancel the award of the Agreement if any association disclosed from any source could either give the appearance of a conflict or cause speculation as to the objectivity of the Goods and Services to be supplied by the Bidder. The City’s determination regarding any question of conflict of interest shall be final.

e. The parties hereto expressly agree and understand that the successful Contractor may not be an employee or agent of the Contractility of Reading in any sense. Furthermore, the successful Contractor may not be affiliated with any chemical, technology, process, and vendor. 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.

f. The consultant 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 consultant further covenants that, in performing this contract, it will employ no person who has any interest.

Debarment By submitting a Bid, the Bidder certifies to the City that it is not currently under suspension or debarment by the Commonwealth of Pennsylvania or federal government and if the Bidder cannot so certify, then it shall submit with its Bid a written explanation of why such certification cannot be made. The Bidder, by executing this contract, 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).

The Bidder, by executing this contract, 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).

Use and Qualifications of Subcontractors N/A Supervision of Workers

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

Minority and Women Business Enterprises

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

b. If the individual, Contractor or organization qualifies under any of these categories, the individual, Contractor or organization shall set forth the basis so that the City of Reading can determine which categories (s) are applicable.

1. Minority owned business Company

2. Woman owned business Company

3. Labor surplus area business Company

4. Section 3 business Company

c. The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, national origin, disability, or familial status and those requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, are met.

d. Specific focus shall be put on the use of certified MBE/WBE prime candidates. Please attach a copy of the MBE/WBE Certification to the Technical Bid/proposal submittal.

e. Section 3 of the Housing and Urban Development Act of 1968 - The consultant 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 consultant 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.

Equal Employment Opportunity

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

1. The Bidder will not discriminate against any employees or applicant for employment because of race, color, religion, sex (including pregnancy, gender identity, and/or gender orientation), national origin, age, disability or genetic information. The Bidder 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 Bidder 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.

2. Shall 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.

3. 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 as a whole, or in part and the Proposer may be declared ineligible for further City of Reading contracts.

4. The Contractor will include the provisions herein, in every subcontract or purchase order unless exempted.

b. All successful bidders must meet the terms and conditions of:

· 24 CFR Part 85

· OMB Circular A-87

· Section 3 of the Intergovernmental Cooperation Act of 1968

· Section 109 of the Housing Act of 1974

· Title VI of the Civil Rights Act

· Executive Order 11246, Equal Employment Opportunity, if the Contract exceeds $10,000.

· The Fair Housing Act, as amended.

· Any program regulations about Conflict of Interest.

· Federal Access to Records.

· Executive Order 11625 and section 504 of the Rehabilitation Act of 1973.

· The American Disabilities Act of 1990. The American with Disabilities Amendment Act of 2008 or any other successor Amendments Record Retention and Confidentiality The successful Bidder shall maintain all records for ten (10) years after final payment on the contract and any and all other pending matters are closed. After the ten (10) 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 Bidder 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 Bidder shall remain confidential and shall not be released to any individual or organization without the prior written approval of the City.

It is expressly understood that the consultant'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.

Retention of and Right to Audit Records The City of Reading shall be entitled to audit the books and records of a successful Bidder 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.

Release of Information The City will not release information submitted in response to this RFP during the evaluation process or prior to an engagement award. After all respondents have been notified of the engagement award, respondents’ RFP responses will be considered public documents in their entirety. Only sections submitted that are marked “proprietary” and approved as such by the City’s Department of Law will be considered redacted in accordance with the City of Reading’s public information policy.

Execution of Contract

a. The contract will be drafted by the City and executed by both the City and the successful Bidder(s). Incorporated into that contract will be this RFP and the Bid accepted by the City.

b. The successful Bidder(s) shall, within ten (10) calendar days after contract documents delivered through DocuSign by the City, to the Principal shall enter into contract with the City on form as included within the bid documents for the appropriate bonds, indemnities, insurances to name a few as required hereunder.

c. The contract, when executed, shall be deemed to include the entire agreement between the parties; the successful Bidder(s) 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.

Term of Contract This contract shall be effective when the Notice to Proceed form is completed and valid until work is completed, unless terminated in accordance with the terms and conditions of this contract.

Notice to Proceed The successful Bidder(s) shall begin work on the job site within ten (10) days after receiving Notice to Proceed from the City.

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 Vendor 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.

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 written contract, are valid and binding. This contract may not be enlarged, modified or altered except upon written agreement. The consultant 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.

Manner of Payment A. Original invoices shall be submitted to: City of Reading, Attn: David Anspach at David.Anspach@readingpa.gov and ap@readingpa.gov.

B. Vendor may submit invoices no more than once per month for Goods and Services supplied under this Agreement. No advance payments or billings are allowed. Payment by the City shall require the submittal of an itemized invoice of all Goods and Services supplied.

C. The City requires the Consultant/Construction Manager firm to provide detailed monthly status reports by the 15th of each month that discuss the firm’s activities throughout the prior calendar month. This should also include any problems encountered as well as areas where a regulatory response is required or modifications are required due to a regulatory response and all areas impacted. Invoices received for payment prior to the receipt of the monthly status report will not be processed until receipt of the report.

Rights upon Termination A. The City shall have the right to terminate a contract or a part thereof before the work is completed in the event: Previous unknown circumstances arise making it desirable in the public interest to void the contract. The firm is not adequately complying with the specifications. The firm refuses, neglects, or fails to supply properly trained or skilled supervisory personnel and/or workers or proper equipment. 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.

B. Upon termination of the contract, the successful Consultant/Construction Manager 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 Consultant/Construction Manager 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 Consultant/Construction Manager 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 of Use The successful Consultant/Construction Manager 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 Office 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.

Indemnification Successful Consultant/Construction Manager 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.

Observance of Laws, Ordinances, and Regulations The successful Consultant/Construction Manager 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.

Quality Where a bids is asked for a certain article or "Approved Equal" and the bidder intends to furnish an article which the bidder considers equal to the one named, the bidder must specify in the bid 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 the department in which this RFP is created for.

Time of Completion The bidder/proposer are herewith cautioned that the time of completion shall be as stated on the bid/proposal form. To ensure timely completion, the successful bidder/proposer 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 canceled and awarded to the next lowest responsible bidder/proposer.

Permits/Licenses The Vendor/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, if applicable. The Vendor/Contractor shall give any and all necessary formal notices required in conjunction with the lawful prosecution of the work of this contract.

Assignment of Refund Rights The City is not subject to federal, state, or local sales or use tax or federal excise tax. Contractor hereby assigns to City all of its rights, title, and interest in any sales or use tax which may be refunded as a result of the purchase of any materials purchased in connection with the Contract and Contractor, unless directed by the City, shall not file a claim for any sales or use tax refund subject to this assignment. Contractor authorizes the City, in its own name or the name of the Contractor, to file a claim for a refund of any sales or use tax subject to this assignment.

Award At the conclusion of the Evaluation process and/or review of all bids, a recommendation will be made to City Council based on the following criteria for RFP's: the technical content of the proposals, as well as cost; IFB's cost; RFQ's qualifications.

The award of the contract will be made by City Council during a regular meeting. It is anticipated that the award will be granted not later than sixty (60) days after the bid solicitation submittal due date.

Bid/Proposal Rejection The City of Reading reserves the right to reject any or all bid/proposals and to accept or reject any part of any bid/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.

Independent Provider The parties hereto expressly agree and understand that the successful proposer is not an employee or agent of the City of Reading in any sense but is solely an independent provider.

Laws to be Observed The successful proposer 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 manner effect those engaged or employed on the work or which in any way effect the conduct of the work. The successful proposer shall at all times observe and comply with all such laws, ordinances, regulations, orders and decrees in force at the time of the award. The successful proposer 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, order and decree whether by the proposer or the proposer'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 proposer for any of the above reasons.

Environmental Mitigation Measures The consultant will comply with mitigation measures as established and identified in the CDBG environmental review completed in accordance with 24 CFR Part 58.

Section 3 of the Housing and Urban Development Act of 1968 The consultant 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 consultant 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.

Clean Air and Water (contracts in excess of $100,000) The consultant shall comply with applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 USC 1857h-4 transferred to 42 USC7607), Section 508 of the Clean Water Act (33USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).

Energy Efficiency The consultant 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.).

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 consultant services shall be promptly delivered to the City of Reading, Pennsylvania. The consultant 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 consultant 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 consultant's written verification, such reuse will be at the sole risk of the City of Reading, Pennsylvania without liability to the consultant.

Reports and Information The consultant 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.

Employee-Employer Relationship The contracting parties warrant by their signature that no employer-employee relationship is established between the consultant and the City of Reading, Pennsylvania by the terms of this contract. It is understood by the parties hereto that the consultant is an independent contractor and as such, neither it or its employees, if any, are employees of the City of Reading, Pennsylvania, for purposes of tax, retirement system or social security (FICA) withholding.

Section 109 of the Housing and Community Development Act of 1974 The consultant 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 any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 will also apply to any such program or activity.

Nondiscrimination The consultant 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.

Procurement of Recovered Materials Pursuant to 2 CFR Part 200.322, the consultant shall comply with applicable standards, orders or requirements 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.

Technical Specifications 11th and Pike Recreation Center - Engineering Services - Building Renovation and Addition, 2026-RFP-064 Project Overview The Reading Recreation Commission in partnership with the City of Reading and the Community Development Block Grant (CDBG) program, intends to modify the existing 11th & Pike Recreation Center with a renovation and new building addition that enhances community programming, improves accessibility, and modernizes facility infrastructure. The selected engineering team will provide comprehensive design and engineering services from confirmation of initial concept development through construction documentation, construction management, and support.

Due to funding constraints, the project will be designed and constructed in two phases.

Phase #1- renovations of existing structure Phase #2- addition of new gymnasium The City reserves the right to award all work to one or multiple firms as needed. Firms shall submit pricing structure for each phase individually with the expectation of award of Phase #1 with potential carry-on project of Phase #2 pending future funding.

Currently, the scope and CDBG funding are limited to Phase 1 design and construction. The Notice to Proceed for Phase II design services will be withheld until the exact funding amount and source for Phase II has been officially confirmed and allocated by the City.

Scope of Engineering Services Site Investigation & Existing Conditions Assessment, conduct site visits to document existing building systems, structural conditions, utilities, and site constraints.

Review available as-built drawings, geotechnical reports, and facility data.

Identify deficiencies, conflicts, and integration requirements between the existing building and the proposed addition.

Utilize Landmarks SGA existing concept work for a basis of design intent.

Provide a written assessment summarizing findings and design implications.

Project Management and Coordination Lead and coordinate all engineering disciplines throughout the project lifecycle.

Participate in project kickoff, design workshops, and progress meetings with the City stakeholders.

Develop and maintain a project schedule, deliverable list, and communication plan.

Coordinate with permitting authorities and utility providers as needed.

Conceptual and Schematic Design Develop engineering concepts supporting the architectural program, including:

Structural framing concepts for…