RFP # FY-26-27-04

READING AREA COMMUNITY COLLEGE

PO Box 1706, 20 South Second Street Reading, PA 19603

REQUEST FOR PROPOSALS:

Snow and Ice Management

Aug 16, 2026

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TABLE OF CONTENTS

A. INTRODUCTION………………………………………………….………..………………..3

1. Project Timeline

2. Issuing Office and the Penn Bid Platform

3. Mandatory Pre-Bid Meeting

4. Bid Submission, Format, and Withdrawal

B. STANDARD CONTRACT

TERMS………………………….……………….………..……5

1. Assignment

2. Governing Laws

3. Right to Know Law

4. Nondisclosure and Confidentiality of Information

5. Amendment

6. Force Majeure

7. Indemnification and Hold Harmless

8. Nondiscrimination

9. Insurance

10. Limitation of Liability

11. Limitation of Use of the College’s Name

12. Conflicts of Interest

13. Tax Exemption

14. Compliance with Laws and Policies

15. Non-Waiver

16. Independent Contractor

17. Sub-Contractor Requirements

18. No Authority

19. Default

20. Termination

21. Continuation of Work

22. Insolvency

23. Damages

24. Payment Terms

25. Excluded Parties

26. Change Orders

27. Electronic Signature/Counterparts

28. Severability

29. Entire Agreement

30. Signature Authority

III. BID PROCESS &

EVALUATION………………………………………..…....…….…….10

1. Scope of Work

2. Evaluation of Proposals

IV. RESERVATION OF RIGHTS……………………………………..……………………….13

V. ATTACHMENTS

Attachment 1: Non-Collusion affidavit…………………………………..………………..…………..14 Attachment 2: Equal Employment Opportunity Statement…………………………..……..………….16 Attachment 3: Bid

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Certification………………………………………………..…………..…….…….18 Attachment 4 Site Map

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A. REQUEST FOR PROPOSAL INTRODUCTION

Reading Area Community College extends an invitation to interested and qualified contractors to submit a bid for undertaking snow management operations for the College campus beginning November 1, 2026. It is intended that the contracted service provider will be solely responsible for conducting snow removal and ice control measures to ensure availability of safe access to the campus parking, walkways and facilities by our students, faculty, staff, and visitors. The College is interested in entering into a contract with a qualified contractor that will provide high quality service for an initial term of one year with options for two, one-year renewals, for a total of three years.

Bid Bond, Performance Bond, and Payment Bonds are not required. Prevailing Wage rates do not apply.

The College reserves the right to award all, some, or none of the construction Services set forth in this Request for Proposal (RFP) to any one Bidder based on the College’s review and assessment of the Bids meeting the criteria set forth herein.

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

1. PROJECT TIMELINE

Task RFP Schedule RFP Release Friday, Sept 4, 2026 Mandatory Pre-Bid Meeting; Location TBD Friday, Sept 11, 2021, 1:00 PM

Clarification Deadline Friday, 18 Sept 2026, 12:00 PM Bid Submission Deadline Friday, Sept 25, 2026, 12:00 PM Board of Trustee Meeting Monday, October 12, 2026 Contract Award Friday, October 16, 2026

The selected Bidder shall begin work within three (3) business days of the College’s issuance of a Notice to Proceed. The initial activities of the selected Bidder shall be to work with the College to review the Project schedule and budget to develop and present a workable approach to the College.

2. ISSUING OFFICE AND THE PENNBID PLATFORM

The Issuing Office contact through the Penn Bid™ is Ronald Howe, Purchasing Director.

Penn Bid™ is the online bidding platform utilized by the College for this RFP. All instructions regarding registration or use of the site may be answered by using the resource link, which can be found on the Penn Bid home page https://pennbid.procureware.com.

https://pennbid.procureware.com/

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From the issue date of this RFP until a determination is made regarding the selection of a supplier, all contacts concerning this RFP must be made through the Penn Bid™ platform.

Any violation of this condition is cause for the College to reject a supplier’s Bid.

Note that only written information supplied through Penn Bid™, including responses to questions regarding the RFP, should be used in preparing Bids. Any and all other contacts or information received regarding the subject prior to the release of this RFP should be disregarded in preparing responses and may not be relied upon.

Please be sure to review the Penn Bid Vendor Subscription Agreement in its entirety before using the platform, especially the section on Fees and Payments.

3. MANDATORY PRE-BID MEETING

Contractors interested in bidding for this work are required to attend a mandatory pre-bid site visit to physically see the campus and obtain clarifications. Representative of the Owner will be in attendance, and the site will be available for examination at that time. College policy requires meeting attendance for all companies submitting Bids. See section I.A. Project Timeline for meeting date, time, and location.

The College campus map and directions can be found on our website at https://www.racc.edu/about-racc/campus-map-and-directions. Please park in student lot E and sign in upon arrival. A tour of the construction site will follow the meeting. The total estimated time for the meeting and walk-through will be 1 hour.

4. BID SUBMISSION, FORMAT, AND WITHDRAWAL

− Submission and Format of Bid. The original Bid shall be submitted through Penn Bid™

(https://PennBid.procureware.com/home) on or before the Bid Deadline specified in section I.A. Project Timeline. Bids submitted to Penn Bid™ after the Bid Deadline will be disqualified.

− Any RFP addenda/update notices will be posted on Penn Bid™ and can be found in entirety on the Penn Bid™ platform after logging in. All documents, questions, and correspondence will flow through the electronic bidding platform. Do not contact the issuing office contact directly.

− Electronic document submission requirement will be searchable PDF documents. There are no document size restrictions.

− Withdrawal of Bids. Bids may be modified or withdrawn at any time before the submission deadline. After the submission deadline, Bids may not be modified or withdrawn.

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

https://www.racc.edu/about-racc/campus-map-and-directions https://pennbid.procureware.com/home

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B. STANDARD CONTRACT TERMS

1. ASSIGNMENT

Neither party shall assign or delegate its rights and obligations under this Agreement or any part hereof without the prior written consent of the non-assigning or non-delegating party.

2. GOVERNING LAWS/VENUE

All disputes regarding the construction, interpretation, and the parties’ obligations under the Agreement shall be governed under the laws of the Commonwealth of Pennsylvania without regard to conflicts of laws. The parties agree that the exclusive venue for any and all disputes shall be in the Court of Common Pleas of Berks County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania.

3. RIGHT TO KNOW LAW

The Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101-3104, (“RTKL”) applies to this Contract.

4. NON-DISCLOSURE AND CONFIDENTIALITY OF INFORMATION

Contractor agrees to keep confidential and not to disclose to third parties any information provided by the Owner pursuant to or learned by Contractor during the course of this Agreement unless Contractor has received the prior written consent of Owner to make such disclosure. Contractor shall similarly obligate, in writing, any and all persons to whom such information is necessarily disclosed to maintain the information in strict confidence. This obligation of confidentiality does not extend to any information that: 1) Was in the possession of Contractor at the time of disclosure by Owner, directly or indirectly; 2) Is or shall become, through no fault of Contractor, available to the general public; or 3) Is independently developed and hereafter supplied to Contractor by a third party without restriction or disclosure. Contractor agrees that, if this confidentiality obligation is breached, the Owner shall be entitled to equitable relief, including injunctive relief and specific performance, in addition to all other rights and remedies otherwise available. The rights and obligations of the parties under this Section shall survive any expiration or termination of the Agreement.

5. AMENDMENT

No modification or amendment of any provision of this Agreement shall be valid or effective unless made in writing and signed by a duly authorized officer or representative of each of the Parties.

6. FORCE MAJEURE

In the event that either party is unable to perform its obligations under this Agreement as a result of a force majeure, neither party shall be liable to the other for direct or consequential damages resulting from lack of performance. “Force Majeure” shall mean fire, earthquake, flood, act of God, strikes, work stoppages, or other labor disturbances, riots or civil commotions, acts of terrorism or other hostilities, litigation, war or other act of any foreign nation, power of government, governmental agency or authority, or any other cause like or unlike any cause above mentioned which is beyond the control of either party. Contractor will notify the Owner of any impending delays due to COVID-19.

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7. INDEMNIFICATION AND HOLD HARMLESS

Contractor shall indemnify, defend, and hold harmless the Owner, its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney and consultant fees and costs arising out of the performance of the work described herein, caused in whole or in part by any negligent, intentional, reckless, or other liability producing act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the Entity.

8. NONDISCRIMINATION

Each party agrees to nondiscrimination, on the basis of sex, race, color, age, religion, national or ethnic origin, sexual orientation, gender identity or expression, pregnancy, marital status, medical condition, veteran status, disability, or any other legally protected category, of its own employees, students, faculty and staff. The parties also agree to include this provision in any agreements with third parties engaged in the performance of this agreement.

9. INSURANCE

Before any of the services outlined within this Agreement are performed, Contractor, at its own cost and expense, shall provide and maintain during the performance of its services hereunder, insurance as described below with insurers rated A-, Class VII or better by A.M Best Company in a form satisfactory to Reading Area Community College. A failure to submit a COI that fully conforms with this clause will render the Agreement immediately null and void. The COI must be submitted to Owner prior to or at the same time as Contract execution.

Contractor warrants that its Insurance Carriers are accurately informed regarding the business activities of the Contractor and intends to cover those business exposures.

All insurance policies (excepting Workers' Compensation and Employers Liability) maintained shall be named Reading Area Community College, its affiliates, agents, employees, officers, and directors as Primary Additional Insured on a Non-Contributory basis, and will include a Waiver of Subrogation. The Certificate of Insurance shall provide that the said insurance shall not be canceled, terminated, or materially altered without at least thirty (30) days prior notice to Owner.

a. Workers’ Compensation insurance as required by the Commonwealth of Pennsylvania, with a limit of no less than $500,000 per accident, $500,000 disease each employee, and $500,000 disease – policy limit.

b. Commercial General Liability insurance all on an occurrence basis with a minimum of 1,000,000 per occurrence limit for bodily injury, property damage, personal and advertising injury; $2,000,000 general aggregate limit. This Commercial General Liability insurance to include coverage for the hazards of Contractual Liability and Broad Form Property Damage.

c. Business Automobile Liability insurance including comprehensive third-party coverage for injury (including death) or property damage with a minimum combined single limit of $1,000,000 per occurrence including coverage for owned, non-owned, and hired vehicles.

10. LIMITATION OF LIABILITY

Nothing in this Agreement shall limit the liability of Contractor under law or custom.

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11. LIMITATION TO THE USE OF THE COLLEGE’S NAME

The Owner agrees that Contractor may use the College’s name only in experience citations to current or prospective clients, but not in any public advertising, publications, social networking sites, or on the Internet, without the Owner’s express prior written consent to the specific contemplated use. Such requests shall be directed at the College’s Marketing and Communications Office. This restriction shall extend to all tiers of sub-consultants/subcontractors of Contractor and any other party engaged by Contractor as a result of this Agreement. Contractor shall not, without express prior written consent in each case, use any College trademark in advertising, publicity, promotional, or any other activities or context including social networking sites and the Internet.

12. CONFLICTS OF INTEREST

Contractor represents that, to its knowledge, no College trustee, officer, employee or any other person affiliated with the Owner and having involvement with this Agreement (1) is affiliated with the Contractor, and (2) that, to its knowledge, no College trustee, officer, employee or any other person affiliated with the Owner and having involvement with this Agreement has received, was promised, or will receive anything of value in connection with this Agreement or performance contemplated hereunder. Contractor will notify Owner immediately of any situation that may lead to a conflict of interest.

13. PA SALES TAX EXEMPTION

The College will furnish a PA Sales Tax Exemption Certificate to the selected Bidder. It is the selected Bidder’s responsibility to interpret tax rules, regulations, and applicability.

14. COMPLIANCE WITH LAWS AND POLICIES

Contractor warrants and certifies that in performance of this Agreement, it will comply with all applicable statutes, rules, regulations, including laws and regulations pertaining to the subject matter of this Agreement.

15. NON-WAIVER

If Owner or Contractor waive any power, right, or remedy arising hereunder or under any applicable law, the waiver shall not be deemed a waiver of that power, right, or remedy upon a later recurrence of similar events. No act, delay, or course of conduct by Owner or Contractor shall be deemed to constitute a waiver by Owner or Contractor. Any such waiver may only be effected by an express written waiver signed by the waiving Party.

16. INDEPENDENT CONTRACTOR

Contractor is an independent contractor and not an employee or agent of Owner. Contractor shall be solely responsible for any unemployment or disability insurance payments, or taxes/payments or the withholding thereof that may be required by Federal, State, or local law with respect to any sums paid to Contractor hereunder. Contractor shall not be entitled to any College employee benefit of any nature whatsoever. Furthermore, the arrangements contemplated by this agreement shall not be deemed to constitute a partnership or joint venture between Contractor and Owner.

17. SUBCONTRACTOR REQUIREMENTS

Contractor shall enter into written agreements with all subcontractors and subconsultants, RFP 26-27-04 Snow and Ice Management | Page 9 which shall include:

1. A provision that the subcontractor or subconsultant assumes toward Contractor all of the obligations that Contractor assumes toward Owner under this Agreement.

2. A provision that the subcontractor or subconsultant is not in privity with Owner and shall not seek compensation directly from the College.

3. A provision that Owner is a third-party beneficiary of the subcontract or agreement, entitled to enforce any rights thereunder for their benefit.

4. Waiver of Mechanic’s Liens and Materialman’s Liens.

18. NO AUTHORITY

The Contractor shall have no authority to take any action, create any obligation, make any commitment, incur any indebtedness, or enter into any agreement that binds Owner. The Contractor shall not in connection with any services provided to or on behalf of Owner represent to any person or entity that the Contractor is associated with the College in any capacity other than that of an independent contractor.

19. DEFAULT

In accordance with contract specifications, should Owner determine that the Contractor is not satisfactorily performing the contract, Owner may, by written notice to the Contractor, demand that the Contractor provide service(s) in question in a satisfactory manner. If the Contractor fails to perform the required service(s) within the time specified and the manner required herein, or if the Contractor does not cure such failure within a reasonable period after receipt of the notice from Owner specifying each failure, Owner may terminate the whole or part of the contract in question. In the event Owner terminates the contract in whole or part as provided herein, it may procure, in such manner as it deems reasonable and appropriate, such service(s) as required by the contract condition and the Contractor shall be liable for any excess cost for such service(s). However, if the agreement is terminated in part, the Contractor shall be required to continue the performance of the contract to the extent not terminated under the provisions of this clause.

20. TERMINATION

The College reserves the right, at any time and for its convenience or for cause, to terminate the contract in whole or in any separable part by written notice to Contractor. Such notice shall be provided at least thirty (30) days prior to the intended termination date. Contractor shall be compensated for Goods accepted and for Services performed in accordance with the provisions of the contract up to the effective date of termination, less any payments previously made by the college for such goods or services, but in no event shall Contractor be entitled to recover loss of profits.

In the event that the Contractor defaults in the performance of any obligation specified in the contract, the College shall notify the contractor in writing and may suspend the contract, in whole or in part, pending remedy of the default. If such default is not remedied within three (3) working days from the date of receipt of such notice or if the contractor is diligently attempting to cure such default but is unable to cure such default within three (3) days from the date of receipt of such notice, then the College shall have the right to terminate the contract immediately by providing written notice of termination to the Contractor.

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If, during the term of the contract, Contractor shall be adjudged bankrupt, make a general assignment for the benefit of its creditors or become insolvent, Contractor shall give the College written notice of such occurrence as soon as is legally permissible. If such occurrence or proposed occurrence is unacceptable to the College, the College may terminate the contract immediately upon written notice thereof to contractor.

21. CONTINUATION OF WORK

Notwithstanding the fact that a dispute, controversy or question shall have arisen in the interpretation of any provision of this Contract, the performance of any work, the delivery of any material, the payment of any monies to Contractor, or otherwise, the Contractor shall not directly or indirectly stop or delay any work or part of its work on its part required to be furnished hereunder, pending the determination of such dispute or controversy.

22. INSOLVENCY

In the event Contractor delays becomes bankrupt or insolvent, Owner shall have the right cancel this contract upon three days written notice mailed by certified mail, delivered to Contractor, or to Contractors last known address. In case of such termination, Contractor shall not be entitled to receive any further payments under this contract until the performance of this has been completed by Owner or others engaged by Owner, at which time, if the unpaid balance due Contractor exceeds the cost of completion, the difference between the unpaid balance and cost of completion shall be paid to Contractor; but if such expenses shall exceed such unpaid balance, then Contractor shall pay the difference to Owner. The cost and expenses incurred by Owner shall include all damages and costs incurred through the default of Contractor.

23. DAMAGES

Contractor shall pay for any breakage or damage caused by the contractor. Upon failure to pay for such breakage or damage, Owner may affect repairs or replacement and charge the cost thereof to Contractor.

24. PAYMENT TERMS

The terms of payment to Contractor hereunder shall be Net 30 from date of receipt of approved invoice. Payments for services will be made in arrears only upon receipt of a proper invoice detailing the services provided. Any language imposing any interest or charges due to late payment is deleted.

25. EXCLUDED PARTIES

The College must not make an award to any organization that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, 'Debarment and Suspension.' By submitting a Proposal, Proposer affirms their company is not a Debarred or Suspended government contractor listed on the sam.gov website.

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26. CHANGE ORDER

Contractor shall not be entitled to payment for any extra work, premium time, deletions, deductions, or additions to the work, unless the same has been ordered in writing by Owner and the cost thereof to Owner has been agreed upon in writing. Any extras furnished by Contractor which have not been so agreed upon shall be at Contractor’s sole cost and expense.

27. ELECTRONIC SIGNATURE/COUNTERPARTS

The parties acknowledge and agree that this Agreement may be executed in counterparts, using electronic signatures, and that such a signature shall be legally binding to the same extent as a written signature by a party’s authorized representative. Each counterpart shall be deemed an original, and all of which together shall constitute one and the same instrument.

Each party waives any legal requirement that this Agreement be embodied, stored, or reproduced in tangible media, and agrees that an electronic reproduction shall be given the same legal force and effect as a signed writing.

28. SEVERABILITY

The terms of this Agreement are severable such that if any term or provision is declared by a court of competent jurisdiction to be illegal, void, or unenforceable, the remainder of the provisions shall continue to be valid and enforceable.

29. ENTIRE AGREEMENT

This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement, whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

30. SIGNATURE AUTHORITY

The individuals signing this Agreement hereby represent and warrant that they are duly authorized to execute and deliver this Agreement on behalf of their organization and that this Agreement is binding upon each party and organization in accordance with its terms.

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C. Specifications

1. GENERAL SPECIFICATIONS

− The contractor will need to become familiarized with the campus and the College’s expectations and service standards, including special events and academic schedule, within two weeks of contract award.

− Regular College work hours are 8 AM to 4:30 PM.

− Contractor is required to be available 24 x 7 during the contract period and respond immediately upon request. A call from an RACC designee to the contractor will initiate work. No exceptions.

− Contractor shall provide adequate manpower and resources to complete full clearance of snow from campus areas within six hours of the time in which precipitation ceases for storm accumulations up to and including four inches. Over four inches, contractor will coordinate with RACC designee to agree upon a reasonable timeframe for completion.

− The contractor must be able to maintain the campus clear of snow and ice and mobilize as necessary to ensure the campus is ready for use prior to 7:00 am, and to ensure the campus is safe during all hours of operation.

− Drive and road visibility marker installation will need to be priced by the contractor and, based on pricing, the College shall determine whether or not to use them.

− All operators utilized for snow management must by fully insured, legally employed, and trained.

− All bids must clearly state if there are any additional costs associated with the contract, such as equipment rental. If contractor is proposing any fuel surcharges during the course of the contract term, contractor shall include the proposed method and calculation in their proposal.

− When shoveling, plowing, clearing, snow blowing and/or piling snow, contractor shall pay attention to orientation to place as much snow on areas to prevent continued draining across traveled areas.

− Contractor will provide the names of three references of similar sized customers, including contact name and phone number.

− Contractor will provide a list of equipment proposed to be used on Campus. Please indicate if the equipment is owned or leased.

− Contractor will provide the Director of Facilities with a complete list of time sheets, equipment used, and materials used within one week of every event.

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− The contractor shall provide all bulk salt and de-icing materials (calcium chloride ice melt necessary for safe passage conditions on roadway travel lanes, walkways, and parking areas as often as deemed necessary by contractor.

− Contractor shall ensure all College security, parking, fire, and safety procedures are followed by its employees.

2. DETAILED SPECIFICATIONS

− Deicing materials - Calcium chloride is to be used on the brick paved areas by the

Miller Center and “Road Runner” de-icing product (a blend of calcium, magnesium, sodium, and potassium chlorides) should be used on all other sidewalks. Any substitutions of these products will need authorization before use. Brine solution is an acceptable deicer for roadways.

− Snow removal, curb to curb, from main roadway travel lanes one or more times per storm starting at 1” min, unless icy conditions prevail, and every 2” thereafter. Also, Contractor shall clear lane ways of parking at these times.

− Complete snow removal from main roadways and parking lot areas including parking lanes 2 hours after snowfall has stopped. Contractor must return to clear lots-curb to curb after the College closes.

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3. PRICING

Time and material pricing for snow removal on Campus from driveways, parking lots, and sidewalks.

This information will be entered directly onto the Penn Bid platform.

FY-26-27-04 Snow & Ice Management

Item Equipment and Operator Pricing Cost Per

Hour 101 V Plow 102 Snowplow and operator 103 Truck salt spreader and operator 104 Loader/backhoe and operator 105 Manual labor 106 Snow blower and operator 107 ATV with plow and operator 108 RTV with snow blower and operator 109 Articulating loader with operator 110 Triaxle dump truck and operator 111 Skid steer and operator 112 Snow push box for front of loader or skid steer Item Supply Pricing Cost 113 Rock salt supplied and delivered (cost per ton) 114 Calcium Chloride for Miller Center Brick Walkways Item Contract Escalation Percentage 115 Year 2 of contract 116 Year 3 of contract 117 Year 4, 5 Based on Performance and Price

• Note : Please enter the % increase for the Contract Escalation Section of the Bid

Form.

4. EVALUATION OF PROPOSALS

All Proposals must meet or exceed mandatory requirements in order to be reviewed.

• Lowest priced responsive and responsible proposal

• Compliance with RFP specifications

• Upload of the following documents to Penn Bid

− Non-Collusion Affidavit − Equal Employment Statement − Bid Certification − Three (3) Professional Reference − List of snow removal equipment to be used on campus, including leased or owned status − Upload W9

• Equipment availability

• Feedback provided by Professional References

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D. RESERVATION OF RIGHTS

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

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

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

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

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

e. To reject the Bid of any Bidder that, in the College’s sole judgment, has been delinquent or unfaithful in the performance of any contract with the College, is financially or technically incapable, or is otherwise not responsible.

f. To permit or reject, at the College’s sole discretion, amendments (including information inadvertently omitted), modifications, alterations, and/or corrections to Bids by one or more of the Bidders following Bid submission.

g. To request that one or more of the Bidders modify their Bids, including, but not limited to, modifying the pricing or providing additional information.

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

i. To require Bidder, appear for interviews &/or presentations of their Bids at the College.

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

k. To conduct such investigations as the College considers appropriate with respect to the qualifications of any Bidder and with respect to the information contained in any Bid.

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Reading Area Community College Attachment 1: Non-Collusion Affidavit

INSTRUCTIONS

1. This Non-Collusion Affidavit is material to any Agreement pursuant to a Bid.

According to the Pennsylvania Ant ibid-Rigging Act, 62 Pa. C.S.A. § 4501 et seq., governmental agencies may require Non- Collusion Affidavits to be submitted together with Bids, such as the Bid submitted by the Bidder.

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

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

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

5. The term “complementary Bid” as used in the Non-Collusion Affidavit has the meaning commonly associated with that term in the RFP process, and includes the knowing submission of a Bid higher than the Bid of another firm, any intentionally high or noncompetitive Bid, and any form of Bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file a Non-Collusion Affidavit in compliance with these instructions will result in disqualification of the Bid.

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Attachment 1: Non-Collusion Affidavit (continued)

State: ____________________________________ County:

Company Name:

Title:

I state that:

(1) The price(s) and the amount of this Bid have been arrived at independently and without consultation, communication, or agreement with any other contractor, Bidder, or potential Bidder.

(2) Neither the price(s) nor the amount of this Bid, and neither the approximate price(s) nor approximate amount of this Bid, have been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed before the Bid submission date.

(3) No attempt has been made or will be made to induce any firm or person to refrain from proposing on this contract, or to submit a Bid higher than this Bid, or to submit any intentionally high or noncompetitive Bid or other form of complementary Bid.

(4) The Bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Bid.

(5) My firm and its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to proposing and/or bidding on any public contract, except as follows:

I state that _________________________________________ (Name of Firm) understands and acknowledges that the above representations are material and important, and will be relied upon by the Reading Area Community College 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 Reading Area Community College of the true facts relating to the submission of this Bid.

Signature

Signatory’s Name

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Signatory’s Title

Date

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Attachment 2: Equal Employment Opportunity Statement

41 CFR 60-1.4(b)

The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, 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 their race, color, religion, sex, sexual orientation, gender identity, 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 to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

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(7) In the event of the contractor's noncompliance with the nondiscrimination 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 contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.

The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and sub-contractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub-contractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

Signature:

Name:

Title:

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Date: