INVITATION TO BID

CITY OF ALLENTOWN

PURCHASING OFFICE

435 HAMILTON STREET, ROOM 234

ALLENTOWN, PA 18101-1699

BID NO.

2026-21

PAGE

ALL BIDS SHALL BE SUBMITTED VIA PENNBID at https://pennbid.bonfirehub.com/

TITLE OF BID

ALLENTOWN POLICE HEADQUARTERS FIRE PROTECTION

QUESTIONS DUE (DATE – PREVAILING TIME)

MAY 7, 2026, 4:00 PM

Submit All Questions via the “Ask a Question” feature in PennBid at https://pennbid.bonfirehub.com/, by the aforementioned date.

NON-MANDATORY PRE-BID MEETINGS

LOCATION: 435 HAMILTON STREET, ALLENTOWN, PA 18101

APRIL 20, 2026, 9:00 AM

APRIL 21, 2026, 9:00 AM

BID OPENING (DATE – PREVAILING TIME)

LOCATION: 435 HAMILTON STREET, ALLENTOWN, PA 18101: COUNCIL CHAMBERS

MAY 20, 2026, 9:00 AM

ADVERTISED IN: www.allentownpa.gov https://pennbid.bonfirehub.com

TABLE OF CONTENTS

1.0 2.0 3.0 4.0 5.0 6.0

ATTACHMENT NO. 1

ATTACHMENT NO. 2

ATTACHMENT NO. 3

ATTACHMENT NO. 4

ATTACHMENT NO. 5

STANDARD REQUIREMENTS AND INSTRUCTIONS FOR BIDDING

INFORMATION AND CONDITIONS

SCOPE OF WORK

CONTRACT TERMS

AUTHORITY TO DISTRIBUTE BID PACKAGES

INVOICING

BUTZ SUMMARY OF WORK

PREVAILING WAGES

PLA

NDA

AIA STANDARD AGREEMENT

FOR SUBMISSION YOUR BID PACKAGE MUST INCLUDE:

Signature Page A Bid Response Form Page B Contractors Qualification Statement Page C Work Experience Page D Equipment Page E Resident Preference Form Page F IBE Preference Form Page G MBE/WBE Subcontractors and Supplier Solicitation and Commitment Form Page M1 Political Disclosure form Page H Public Works Employment Verification Form Page I Most Recent W-9 Form

BID SECURITY: Each bid shall be accompanied by a Bid Bond, signed by a surety company with original signatures, authorized to do business in Pennsylvania, in an amount equal to ten percent (10%) of the bid total; or by a Certified Check, an Irrevocable Letter of Credit, or a Bank Check in an amount equal to ten percent (10%) of the bid total. ALL SUBMITTALS must comply with the Bid Bond responsibility. Submissions must include a scanned copy of the said security as stated above through PennBid in the appropriate drop down. The City shall contact the apparent low bidder or any bidder, if required, to request the original bid security. The bidder must submit the original security to the City within seven (7) calendar days of being contacted.

Failure to submit the original security within this timeframe will result in the bidder being deemed non-responsive, and their bid will not be considered.

https://pennbid.bonfirehub.com/ https://pennbid.bonfirehub.com/ http://www.allentownpa.gov/ https://pennbid.bonfirehub.com/

BID NO. 2026-21

1.0 STANDARD REQUIREMENTS AND INSTRUCTIONS FOR BIDDING

1.1 DEFINITIONS

The following terms and expressions used in this document shall be understood as follows:

1.1.1 Wherever the word “City” is used, it shall be understood to mean the City of Allentown, Pennsylvania.

1.1.2 Wherever the word “Contractor” is used, it shall be understood to mean the party engaged to perform all work described herein.

1.1.3 Wherever the word “Contract Administrator” is used, it shall be understood to mean the

Contract Administrator of the City of Allentown or his duly appointed successor, or representative, acting within the scope of the duties entrusted to them and as stated in the contract.

1.1.4 Wherever the word “Subcontractor” is used, it shall be understood to mean persons, firms or corporations having a direct contact with the Contractor, and including those who furnish materials worked to a special design in accordance with the plans and specifications, but not including those who merely furnish materials not so worked.

1.1.5 Wherever the` word “Plans” is used, it shall be understood to mean the Contract Plans accompanying the specifications and such detail and supplementary drawings as may be furnished from time to time. Plans may be included as part of the specifications.

Therefore, the Contractor is directed to familiarize himself with the contents of the complete contract documents.

1.1.6 Wherever the specifications or upon the drawings the words “as directed,” “as required,”

“as permitted,” or words of like effect are used, it shall be understood that the direction, requirement or permission of the Contract Administrator is intended and similarly the words “approved,” “acceptable,” “satisfactory,” or words of like import, shall mean approved or acceptable or satisfactory to the Contract Administrator.

1.1.7 Wherever the word “Contract” or “Contract Documents” is used, it shall mean and include this invitation to bid, contract, advertisement for bids, information for bidders, bid response, contract provisions, specifications, plans, agreement, bond and addenda.

1.1.8 Wherever the word “Default” is used it shall be understood to mean the Contractor’s inability to comply with the terms and conditions as set forth in the Invitation to Bid, Quote, Contract or Purchase Order. This is inclusive but not limited to the Bid/Proposal/Quote pricing and Contract Term and any arrears that may be due and owing to the City.

1.2 ADDENDUM

Requirements or changes to the proposal which have a material effect shall be communicated to bidders only by written addenda and will be issued via a Public Notice and posted on PennBid.

Bidders who have registered with and downloaded documents for this project from PennBid will be notified by email when a change or addenda has been posted. It shall be the responsibility of each proposer to ensure that their proposal is inclusive of all Addenda. No addendums will be issued five (5) working days prior to bid opening. Failure to acknowledge all addenda may result in rejection of a proposal as non-responsive. Include all pages of addenda with the bid package proposal. Include all pages of addenda with the bid package proposal.

1.3 AUTHORITY

1.3.1 The Purchasing Agent, as the designee of the Mayor, has the sole responsibility and authority for negotiating, placing, and when necessary, modifying each and every invitation to bid, purchase order or other award issued by the City of Allentown. In the discharge of these responsibilities, the Purchasing Agent may be assisted by assigned Buyers.

1.3.2 No other City officer or employee is authorized to order supplies or services, enter into purchase negotiations, or in any way obligate the government of the City of Allentown for indebtedness.

1.3.3 Any purchases contrary to these provisions and authorities shall be void and the City shall not be bound thereby.

1.4 AUTHORIZATION TO DELIVER MATERIALS OR SERVICES

1.4.1 All purchases must be properly authorized in advance. Vendors must first obtain and are prohibited from shipping any merchandise or providing any services prior to receiving, an official award letter, notice to proceed, a purchase order number, a hard copy purchase order or a valid purchasing card account number. The City will be under no obligation to pay for merchandise delivered or services provided resulting from violation of this rule.

1.5 AWARD CRITERIA

1.5.1 The award will be made to the responsible offeror whose bid response conforms to the invitation and will be most advantageous to the City, price and other factors considered such as delivery time, quality, operating and maintenance cost, service, resale value, etc.

1.5.2 The City reserves the right to reject any or all offers and to waive informalities and minor irregularities in offers received.

1.5.3 In accordance with Ordinance No. 15224, all bids, contracts and engagement contracts are subject to Council approval by resolution at a public meeting.

1.5.4 The date on which City Council approves said resolution shall be known as the Official Award Date.

1.5.5 The City will notify all bidders of the award and return bid sureties to all but the successful bidder.

1.5.6 Notice from the City, the successful bidder has forty (40) days from the “Official Award

Date” to enter into a fully executed contract with the City, or forfeit, as liquidated damages, the Bid Security and/or the City reserves the right to rescind the award.

1.5.7 The City reserves the right to award by item, by section or group, or in its entirety depending on the best interest of the City of Allentown.

1.6 BACKGROUND CHECK

By submitting a proposal in response to the City’s solicitation, the Contractor hereby consents to a background check that the City, in the exercise of its sole but reasonable discretion, may deem appropriate to conduct, including, without limitation, a financial history, a credit check, a criminal history check, a litigation history check and a judgment, judgment lien, tax lien and bankruptcy search of the Contractor. The Contractor agrees to release and hold harmless the City from any and all claims in any way arising from such a background check conducted by the City or its agents of the Contractor.

The City reserves the right to reject any and all responses to the City’s solicitation in the event the results of any such background check are found to be unsatisfactory to the City in the City’s sole discretion.

The City shall keep all information derived from the background check confidential and shall only use such information for the purposes of City solicitations.

1.7 BID PREPARATION AND SUBMISSION

The City of Allentown, Purchasing Office, has transitioned to ONLY electronic submissions of proposals through PennBid effective March 2, 2026. This transition will improve the flow of vendor information and transparency. Submissions shall be opened electronically. A summary of bids received will be issued via Public Notice and publicly posted on PennBid’s website shortly after the due date / time and subsequent bid unsealing. Vendors must submit proposals online; those who fail to submit complete proposals through https://pennbid.bonfirehub.com will not be considered for award.

Register: Visit PennBid and click “Register” in the top right corner.

Help: View the How to Register as a Vendor guide or contact PennBid at (610) 693-4769.

1.7.1 ELECTRONIC SUBMISSIONS

The City of Allentown will receive sealed bids online via PennBid (https://pennbid.bonfirehub.com). Unsigned bids will not be accepted. No bid may be considered if received after the time shown on Page 1. Contractors are expected to examine all instructions, specifications, drawings, sites, installation, etc. Failure to do so will be at the Contractor’s risk. Erasures or other changes must be initialed by the person signing the bid. Submissions must include a scanned copy of the Bid Bond as stated above through PennBid in the appropriate drop down.

Sealed bids must be received by the date and time specified on Page 1 of this Invitation to Bid. Late bids will not be accepted. Any bid received after the exact date and time specified for receipt will not be considered. In order to ensure fair bidding practices, the City of Allentown will not be responsible for late submissions for reasons outside of its control (i.e. technical issues, third party delivery failure, etc.).

Please note: the City will not accept the unilateral changes/amendment made to the Bid/RFP/Quote at the time of submission. At said time the City reserves the right, pursuant to section 1.5.2, to reject any or all offers and to waive informalities and minor irregularities in offers received.

https://pennbid.bonfirehub.com/portal/?tab=openOpportunities https://pennbid.net/wp-content/uploads/PennBid-Vendors-Registration-Guide.pdf

The PROPOSAL PAGE must be completed and submitted through Pennbid. Other Forms must be completed and uploaded to PennBid.

Bids must be accompanied by the Signature Page. Failure to sign and submit the Signature Page with the bid will result in the bid being rejected as non-responsive.

Protest Procedures can be found on the City’s website https://www.allentownpa.gov/en-us/Government/Departments/Finance/Purchasing under resources.

1.8 BID SECURITY

Each bid shall be accompanied by a Bid Bond, signed by a surety company with original signatures, authorized to do business in Pennsylvania, in an amount equal to ten percent (10%) of the bid total; or by a Certified Check, an Irrevocable Letter of Credit, or a Bank Check in an amount equal to ten percent (10%) of the bid total. If one of these forms of security is not provided as required, the bid will be considered non-responsive and will be rejected.

All submissions must include a scanned copy of the security stated above through PennBid in the appropriate drop down. The City shall contact the apparent low bidder or any bidder, if required, to request the original bid security. The bidder must submit the original security to the City within seven (7) calendar days of being contacted. Failure to submit the original security within this timeframe will result in the bidder being deemed non-responsive, and their bid will not be considered.

1.9 BIDDER ELIGIBILITY

Bids will only be accepted from manufacturers, authorized distributors, dealers or contractors who are actively engaged in the sale, manufacture or type of construction of the item(s) called for in the bid. No bid response will be accepted from, or contract awarded, to any person, firm or corporation that is in arrears or is in default to the City upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the City or who had failed to faithfully perform any previous contract with the City. Where an installation or assembly is to be performed by a subcontractor, the bidder must name the subcontractor and the City reserves the right to determine whether the named subcontractor is fit and capable to perform the required work.

1.10 BIDDING TIE

If all factors are equal preference will be given to a City of Allentown vendor over a non-City vendor. If multiple vendors or no vendors are City of Allentown vendors, preference will be given to vendors whose principal place of business is within Lehigh County. If multiple vendors or no vendors are Lehigh County vendors, preference will be given to vendors in the State of Pennsylvania. If multiple vendors or no vendors remain tied, consideration may be given to vendors that have provided satisfactory service to the City of Allentown in the past. If all factors continue to remain equal, the tie will be broken by a coin flip done by the Purchasing Agent in the presence of a witness.

1.11 BIDS BINDING 90 DAYS

Unless otherwise specified, all formal bids submitted shall be binding for ninety (90) calendar days following bid opening date and may be extended at the agreement of both parties.

https://www.allentownpa.gov/en-us/Government/Departments/Finance/Purchasing https://www.allentownpa.gov/en-us/Government/Departments/Finance/Purchasing

1.12 BONDS

The Contractor shall be required to provide:

1.12.1 Performance and Labor & Materialman's Bonds (payment bond) in the amount of one hundred (100%) percent of the contract price.

1.12.2 Maintenance bond to comply with the Guaranty (See Section 1.26) in the amount of ten

(10%) percent of the contract amount for a period of twelve (12) months from the final acceptance by the City.

1.13 BRAND NAMES

Any catalog, brand name, or manufacturer’s reference used in the specifications is intended to be descriptive and not restrictive and is used only to indicate the desired type and quality. Any article, equipment, or material, which shall conform to the standards and excellence, so established, and is of equal merit, strength, durability, and appearance to perform the desired function, is deemed eligible for offer as a substitute. The qualifications of the offering shall be judged as to their conformance with these specifications. Any equipment offered other than herein specified shall be subject to a competitive demonstration and evaluation by the City of Allentown. The determination as to whether any alternate product or service is or is not equal shall be made by the City of Allentown, and such determination(s) shall be final and binding upon all bidders.

1.14 CEMENT PRODUCTS

Any cement products used in the construction, alteration, or maintenance of municipal improvements of a permanent or temporary nature shall be produced in the United States (House Bill 1174-Printer’s No. 1322).

1.15 CLEAN-UP

1.15.1 The Contractor shall, at all times, keep the premises free from accumulating of waste materials or rubbish caused by his operations. At the completion of the work, he shall remove all his waste materials and rubbish from and about the project as well as all his tools, construction equipment, machinery and surplus materials.

1.15.2 If the Contractor fails to clean up at the completion of the work, the City may do so and the cost thereof shall be charged to the Contractor.

1.16 COMMUNICATIONS DURING SOLICITATION PROHIBITION

Communicating with City employees, or elected officials regarding requests for proposals, requests for qualifications, bids, or contracts by the offerors or any member of the offeror’s staff, an agent of the offeror, or any person employed by any legal entity affiliated with or representing an organization that is responding to the requests for proposals, requests for qualification, bid or contract is strictly prohibited. Nothing herein shall prohibit a prospective offeror from contacting the Purchasing Department to address concerns or grievances or receive clarification about procurement. Communication with City employees other than the Purchasing Department during an open procurement may cause any proposals, statement of qualification, bid, contract or any other response to be rejected.

1.17 CONTRACT CHANGE

Contract time for this project shall be as delineated in the technical specifications. Any extensions for or reductions to that time shall be by written change order only. Such extensions or deductions may be as requested by the Contractor in writing.

1.18 CONTRACTOR LIABILITY

Each contractor is required to be in compliance with the City of Allentown local tax requirements.

Accordingly, the selected contractor shall register for and obtain a business tax license prior to the execution of this contract.

Forms are available at the office of the Department of Finance, Bureau of Revenue & Audit, Room 215, City Hall, 435 Hamilton Street, Allentown, PA 18101.

Please contact the Revenue & Audit Department, at 610-437-7500, option 1, if you have any questions.

1.19 CONTRACTOR TREATMENT OF PUBLIC

Contractor shall use its best efforts to ensure that its workforce is courteous to members of the public encountered during work under this contract. In the event of violation of this provision, the City shall, in its discretion, have the right to require the Contractor to remedy the problem and prevent future violations by disciplining the offending employee or employees up to and including removing the employee from work under this contract and to withhold payment under this contract until such employee or employees have been removed.

1.20 CONTROL OF WORK

1.20.1 The sequence of the work to be done shall be at the direction of the City Contract Administrator or his representative by issuance of work orders. He may specify the work sequence to obtain the best results and to protect the City’s interest. The Contractor shall promptly comply with instructions from the Contract Administrator or his authorized representative.

1.20.2 The decision of the Contract Administrator is final and binding and shall be precedent to any payment under the contract for all questions relating to quantities; the acceptability of materials, equipment or work; the execution, progress or sequence of work; and the interpretation of specifications.

1.20.3 All work and material are subject to the inspection and approval of the Contract

Administrator. Unless otherwise authorized, work shall be done only in the presence of the Contract Administrator or his authorized representatives. Any work done without proper inspection will be subject to rejection. Inspection of the work shall not relieve the Contractor of the obligation to fulfill all conditions of the contract.

1.21 CONTROLLING LAW

This Invitation to Bid is governed by and will be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without regard to any conflict of laws provisions.

Venue for any disputes shall be in the Court of Common Pleas of Lehigh County, Pennsylvania.

1.22 DEFAULT

Failure to perform in accordance with the terms and conditions and/or specifications contained herein shall constitute cause for termination for default. If the bidder defaults after City Council awards a bid and bid performance security was required, the City will execute the bid security as liquidated damages. If the bidder defaults after City Council awards a bid and bid performance security was not required the bidder shall pay to the City liquidated damages as set forth in the section titled Liquidated Damages. Additionally, the successful bidder may lose eligibility to submit proposals, bids, and/or quotes to the City for a period of not less than one (1) year. This will not affect any other contracts the vendor may hold with the City, unless those contracts are in default or have cause for termination.

The City may then procure the commodity or services from the next lowest bidder(s). The next lowest bidder’s prices must remain the same as originally bid and must remain firm for the duration of the contract. The default bidder will then be held liable to the City for the difference between the awarded bid price(s) and the price the City pays to secure the commodity or services from another source, in addition to attorney’s fees and costs of collection.

1.23 DEFECTIVE OR DAMAGED WORK

Any defective or damaged work found to exist prior to approval of final payment shall be promptly corrected or removed and replaced with non-defective work by the Contractor at no expense to the City. Upon failure of the Contractor to correct the deficiency within a reasonable time, the City may correct same and deduct the costs from any monies due the Contractor.

1.24 EQUAL EMPLOYMENT

Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, gender identity, sexual orientation, veteran’s status, political opinions or affiliations, lawful activity in any employee organization, national origin, age, disability or marital status. Contractor will take affirmative action to ensure that applicants and employees are treated fairly during employment without regard to race, color, religion, sex, gender identity, sexual orientation, veteran’s status, political opinions or affiliations, lawful activity in any employee organization, national origin, age, disability or marital status. 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.

1.25 GRANT FUNDED PROJECTS

In the event that all or part of the funding for this Contract is the result of a Grant, including but not limited to State or Federal Grants, and said Grant term is extended then in such an event, the Contract that is the result of this solicitation shall too automatically be extended to coincide with the Grant term.

1.26 GUARANTY

1.26.1 The Contractor shall guarantee that all the materials used, and all the work done under the contract shall fully comply with the requirements of the plans and specifications and the instruction of the City.

1.26.2 All expenses covering return or replacement of defective or improper merchandise will be assumed by the Contractor. In no instance shall the Contractor refer the City to any distributor or manufacturer for settlement of any claim arising from defective or improper merchandise. If the Contractor shall fail to replace or repair any defective or improper merchandise within thirty (30) days from date of notice, the City may make the necessary corrective arrangements to reimburse the City in such instance. Samples of any warranties or guarantees which will apply to the goods being offered for sale shall be included as part of the bid.

1.26.3 Any defects in the completed work or any failure of the Contractor to fully perform or endure the service for which is intended, which in the opinion of the City are caused by or due to the use of materials, skill or workmanship not in compliance with the said plans, specifications and instructions, that may appear in the work within a period of twelve (12) months after acceptance by the City, shall be regarded as prima facie and conclusive evidence that the Contractor has failed to comply with the said specifications, plans and instructions. The Contractor in this event shall, at his own expense, at such time and in such manner as the Contract Administrator may direct, repair or take up and reconstruct any such defective work in full compliance with the original specifications, plans and instructions. The repairs required to be made by the Contractor shall extend only to making good any inherent defects which become manifested in the materials and workmanship under ordinary conditions and shall not be held to cover any breakage or damage caused by improper use or by accident resulting from circumstances over which the Contractor has no control.

1.27 FORCE MAJEURE

The Contractor shall immediately notify City in writing of any cause, including but not limited to, any acts of God, acts of public enemy, acts of government, quarantine restrictions, general strikes throughout the trade, or by freight embargoes not caused or participated in by the Contractor that will prevent or delay its performance. After receipt of Contractor’s notice, City may elect either to cancel this Agreement or to extend the time of performance as reasonably necessary.

1.28 INDEMNIFICATION

1.28.1 The Contractor shall assume all risks and responsibilities for casualties of every description in connection with the work, except that he shall not be held liable or responsible for delays or damage to the work caused by acts of God, acts of public enemy, acts of government, quarantine restrictions, general strikes throughout the trade, or by freight embargoes not caused or participated in by the Contractor. The Contractor shall have charge and control of the entire work until completion and acceptance of the same by the City.

1.28.2 The Contractor shall alone be liable and responsible for, and shall pay for, any and all loss or damage sustained by any person or party, either during the performance or subsequent to the completion of the work under this agreement, by reason of injuries to persons and damage to property, buildings and adjacent work, that may occur either during the performance of the work covered by this contract or that may be sustained as a result of or in consequence thereof, irrespective of whether or not such injury or damage be due to negligence or the inherent nature of the work.

1.28.3 The Contractor shall bear all losses resulting from the amount or character of the work being different, or because the nature of the premises on which the work is done is different from what was reasonably foreseeable when the project commenced, or on account of the weather, or similar other causes; and he shall assume the defense of and indemnify and hold harmless the City, its employees, agents, officials, representatives, attorneys, and assigns from any and all liability, both negligent and non-negligent, arising directly or indirectly out of all activities conducted in connection with this project and/or the performance hereof, including but not limited to payment of all fees for its/their attorneys and all incidental litigation expenses in the event the City or any of its employees, agents, officials, representatives, attorneys, and assigns are sued upon a claim emanating or supposedly emanating from the execution and/or performance thereof, whether or not the City or any of its employees, agents, officials, representatives, attorneys, and assigns are held liable. This agreement shall be binding on the parties hereto, their heirs, successors and assigns.

1.29 INSURANCE

The Vendor, prior to commencing work, shall provide, at its own expense, the following insurance to the City of Allentown as evidenced.

1. Certificates of Insurance, ONLY if the insurance policy includes a provision that specifically references a certificate of insurance as a means to affect coverage and actually require the issuance of a certificate to trigger insured status with this particular endorsement. Both the endorsement and the certificate are required.

Or

2. Provide the CGL policy so that the City of Allentown can confirm that there is sufficient coverage as an additional insured under the existing policy showing that any person(s) or organization(s) shown in the Schedule is also an additional insured, then the COI along with the policy are acceptable.

Or

3. Separate Additional Insured Endorsement naming the City of Allentown as additional insured.

We must require the organization or its CGL insurance company to provide notice to the City of changes in the CGL policy that affects our coverage as an additional insured no less than thirty (30) days prior to cancellation or material change in the policies to the Risk Management Department.

Certificates of Insurance, along with the appropriate endorsement, if your insurance policy includes a provision that specifically references a certificate of insurance as a means to affect coverage and actually require the issuance of a certificate to trigger insured status with this particular endorsement, both the endorsement and the certificate should be provided.

Whatever is provided as proof must be provided annually, as long as the contract between the City and the insured is in effect. In the description of operations section, of the Certificate of Insurance please provide the following statement “RFP Contract Number; Title of the contract: City of Allentown, its elected officials, its officers, agents and employees are included as Additional Insured to the Commercial General Liability and Auto Liability if required by written contract”

Nothing contained in this section shall be construed as limiting the extent of the Contractor’s responsibility for payment of damages resulting from its operations under the contract

COMPREHENSIVE GENERAL LIABILITY

Each Occurrence Limit $1,000,000 Personal & Advertising Injury Limit $1,000,000 General Aggregate $2,000,000 Products & Completed Operations Aggregate $2,000,000 Include this verbiage: Additional Insured for “ongoing operations” and “products and completed operations” for a period of three years after final payment and shall be ISO endorsements CG 20 10 07 04 and CG 20 37 07 04 or their equivalent.

AUTO LIABILITY

Each Accident — Combined Single Limit $1,000,000.

PROFESSIONAL LIABILITY

Each Loss $1,000,000 Aggregate $1,000,000

UMBRELLA OR EXCESS LIABILITY (To overlay General Liability, Auto Liability and Employer's Liability coverages) *Subject to any decrease amount by owner

Each Occurrence $5,000,000 Aggregate $5,000,000

CONTRACTORS POLLUTION LIABILITY (abatement contractor only)

Each occurrence $1,000,000 Aggregate $1,000.000

WORKERS' COMPENSATION/EMPLOYER'S LIABILITY

Workers' Compensation policy shall include a Waiver of Subrogation against The City of Allentown, its elected officials, agents, and employees.

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 Allentown, its elected officials, agents, and employees as Additional Insured.

Contractor’s Commercial General 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.

Workers' Compensation As required by statute

Employer's Liability

Each Accident $100,000

Each Employee for Injury by Disease $100,000

Aggregate for Injury by Disease $500,000

Such certificate shall be issued to:

City of Allentown Attn: Risk and Safety Manager 435 Hamilton Street, Allentown, PA 18101.

Ensure In the description of operations section, of the Certificate of Insurance please provide the following statement “RFP Contract Number; Title of the contract: City of Allentown, its elected officials, its officers, agents and employees are included as Additional Insured to the Commercial General Liability and Auto Liability if required by written contract.

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 Contractor, whichever shall occur later.

1.30 INTEREST OF CITY OFFICERS AND EMPLOYEES

No person, contractor, firm or corporation contracting with the City for purposes of rendering personal or professional services to the City shall share with a City officer or employee, and no City officer or employee shall accept, any portion of the compensation or fees paid by the City for the contracted services provided to the City.

1.31 INTERPRETATION

1.31.1 If any Vendor contemplating the submission of a quotation on this invitation is in doubt as to the true meaning of any part of the plans, specification or other document, they should submit a written request for an interpretation thereof to the Purchasing Agent electronically via the “Ask a Question” feature in PennBid not less than ten(10) working days prior to quotation due date. An interpretation of the quotation invitation document will be issued via a Public Notice and posted on PennBid. Bidders who have registered with and downloaded documents for this project from PennBid will be notified by email when a change or addenda has been posted. THE CITY WILL NOT BE RESPONSIBLE FOR

EXPLANATIONS OR INTERPRETATIONS OF QUOTATION INVITATION DOCUMENTS

EXCEPT AS ISSUED IN ACCORDANCE HEREWITH.

1.31.2 All notices, demands, requests, instructions, approvals, proposals and claims must be in writing.

1.32 LIQUIDATED DAMAGES

The City is authorized to deduct and retain any monies that may be due or become due to the

Contractor under this agreement. The following charges are based on the original contract amount.

Original Contract From More Than And To Including

Schedule of Daily Charges for

Liquidated Damages Per Calendar Day

More than To Including

$ 0 $ 25,000 $ 50.00 25,000 50,000 100.00 50,000 100,000 150.00

100,000 500,000 200.00 500,000 1,000,000 250.00

1,000,000 2,000,000 400.00 2,000,000 and up 500.00

The charges to be deducted are not a penalty but are liquidated damage, to be deducted for each and every day that the work is not completed beyond the time stipulated in the specifications. Due account shall be taken of any authorized adjustment of the completion schedule.

1.33 MAINTAINING RIGHTS-OF-WAY IN USE

1.33.1 The contractor shall keep streets open to traffic at all times. When approved by the City, traffic may be detoured over an approved route, providing adequate signing is placed.

Adequate barricades, flashers and other traffic control devices in accordance with PennDOT Publication 213 (67 PA. Code, Chapter 203), (Work Zone Traffic Control), and Section 901 of Form 408 of the PennDOT Publication and all applicable supplements and addenda, shall be supplied by the Contractor, and shall remain in constant use, at Contractor’s expense, during this Contract.

Adequate ingress and egress shall be provided for all adjacent property owners.

1.33.2 The Contractor shall at all times keep the street and highway gutters open so that storm or other surface waters shall not have their flow obstructed. If, in any case, the material excavated from the trenches must temporarily extend over the gutters, it shall be the duty of the Contractor to plank or bridge over the gutters so that the flow of water is not hindered or diverted. Work at all times shall be so conducted as to cause a minimum of inconvenience to pedestrian and vehicular traffic and to private and public properties along the line of work. It shall be the duty of the Contractor during the progress of the work to maintain crossings, walks, sidewalks and other roadways open to traffic in a satisfactory condition, and to keep all fire hydrants, water valves, fire alarm boxes and postal boxes accessible for use. Whenever it is necessary to maintain pedestrian traffic over open trenches, timber bridges at least three (3’) feet in width and equipped with side railings shall be provided by the Contractor.

1.33.3 When it is necessary to haul the excavated material over City streets, the Contractor shall provide suitable equipment for this work and the Contractor shall promptly and thoroughly clean up all material dropped on streets and highways outside the immediate trenching area. The Contractor shall be responsible for locating a site for disposal of said excavated material, which site shall be subject to the approval of the City, and he shall also obtain written approval from the property owner for said disposal. The City reserves the right to require the Contractor to dump said materials at any location of its choosing within the City limits at no additional cost to the City.

1.33.4 All guardrails, street signs and structures disturbed or altered in any way by the construction activities shall be promptly restored to a condition equal to original.

1.34 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION

When procuring property or services to be paid for in whole or in part with community Development Block Grant funds, all grant recipients must follow procurement policies and procedures that meet federal standards.

Procurement methods are based on full and open competition, with very limited exceptions.

It is the public policy of the City of Allentown to promote the opportunity for full participation by minority and women’s business enterprises (“MBE’s” and WBE’s) in all housing and community development programs receiving funds from the City of Allentown Department of Community and Economic Development.

It is the responsibility of the contractor to complete and report all HUD compliance forms to the City.

The City of Allentown wants to increase the participation of Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) in its purchasing activities. This is not a set aside program. Please indicate your MBE/WBE participation in the space provided on page M1 of the Bid Response Form.

Minority Business Enterprise/Women Business Enterprise (MBE/WBE) is defined as follows:

Companies certified as a minority or women owned business by the State of Pennsylvania, member of a STATE accredited minority business council, member of a STATE accredited women business council and/or member of a STATE accredited local regulatory agency or business chamber certification as a minority or women enterprise.

Additional Requirements:

• a Corporation or other business entity, including but not limited to Sole Proprietorship or a Partnership/joint venture, controlled by minorities or women in which at least 51% of the voting interest and 51% of the beneficial ownership interest are held by minorities or women.

• Owned by United States citizen or citizens.

• Business must be independent of any other business entity or entities, no franchise location.

• Minority or women owner or owners must hold the highest office in the business (President, CEO, etc.).

• A minority and women business enterprise combined is termed a minority woman business enterprise (MWBE).

• MBE/WBE subcontractors must perform more than 75% of the cost of the subcontract, not including cost of materials, with its own employees.

Participation Levels:

• The City of Allentown Department of Finance has elected to follow State established Minority Business Enterprise (MBE) of 5% and Women Business Enterprise (WBE) of 3% minimum participation levels (MPLs).

• A firm which is both an MBE and a WBE will only receive credit toward MPLs as either an MBE or WBE, but not both. Bidders must indicate on Form DCED-CCD-286, MBE/WBE Contact/Solicitation and Commitment Statement whether the firm is being listed as either an MBE or a WBE.

• MBE/WBE prime contractors are not required to submit MPLs.

• MPLs serve exclusively as a threshold in determining bidder responsiveness. A bidder will not be rejected as not responsive solely because it fails to reach the MPLs.

Responsiveness:

• MPLs must be complete and understandable listing whether the subcontracted firm is a MBE, WBE or MWBE.

• Bidder must submit a MBE/WBE Subcontractor and Supplier Solicitation and Commitment Form (Page M1) with the bid. Failure to submit with Form with the bid will result in the bid being rejected as non-responsive.

• A bidder should only solicit MBE/WBE subcontractors, vendors, manufacturers, or suppliers whose services, material, or supplies are within the scope of work and which the bidder reasonably believes it will choose to subcontract or purchase.

• Bidders failing to meet the minimum levels of participation must submit concurrently with the bid, an explanation of why the MPLs have not been met. This explanation must demonstrate that the bidder has not engaged in discriminatory practices in solicitation and utilization of qualified MBE/WBE to perform as subcontractors or suppliers of goods and services related to the performance of this contract. The evidence submitted by the bidder must demonstrate the following:

o Indicated whether MBE/WBEs were solicited for each type of work the bidder expects to subcontract for and for all materials which the bidder expects to procure and, if not, the reason(s) why no solicitation was made;

o Indicate the reason why an MBE/WBE has not been committed to for a type of subcontract work or materials in any area where a quotation was received from a MBE/WBE; and o In any case where no quotations were received nor commitments made to MBE or WBE firms, indicate on MBE/WBE Subcontractor and Supplier Solicitation and Commitment Form that no quotations were received.

o If the bidder fails to submit such evidence, the bid submission shall be considered non-responsive and the bid will be rejected.

o Information related to the above may be submitted on bidder form or additional paper.

Responsibility:

▪ The submittals of each bidder are subject to review to determine whether the bidder has discriminated in the selection of manufacturers, subcontractors and suppliers. If a bidder has met the MPLs for MBE/WBE participation, the bidder will be presumed not to have discriminated in their selections. Where the MPLs are not met, the City will determine whether discrimination has occurred. If, after investigation including a review of Form DCED-CCD-286, it is found that discrimination has occurred, the reviewed bidder shall thereby be deemed to be not responsible and the bid will be rejected.

▪ Documentation submitted by the bidder should meet the following standards for review:

o The bidder whose actions resulted in a limited or no commitment to MBEs/WBEs was not motivated by consideration of race or gender.

o MBEs/WBEs were not treated less favorably than other businesses in the contract solicitation and commitment process.

▪ Solicitation and commitment decisions were not based upon policies which disparately affect MBEs/WBEs.

▪ Commitments to MBE and WBE firms made at the time of bidding must be maintained throughout the term of the contract, unless a change in commitment to these firms is preapproved by the administering agency performing the evaluation of the invitation for bid submitted by the bidder should meet the following standards for review:

The City may obtain documents and information from any bidder, contractor, subcontractor, supplier, or manufacturer that may be required in order to ascertain bidder or contractor responsibility. Failure to provide requested information may result in the contractor being declared not responsible.

If sub-contractors will not be used or the prime contractor is a WBE or MBE check Form M1 in the upper right corner and return with Bid Proposal. If subcontractors are to be used Form 1 must be completed and submitted with the RFP. Non submission of Form M1 may be sufficient cause for rejection of the RFP as not responsive. For a directory of MBE/WBE businesses in Pennsylvania visit: https://www.dgs.pa.gov/Small%20Diverse%20Business%20Program/Small- Diverse-Business-Verification/Pages/Finding-Small-Diverse-Businesses.aspx.

Contract Provisions

The following provisions will be included in construction contracts and/or in professional service contracts:

• Construction Contracts o The prime contractor must provide the City with a report of MBE/WBE subcontracting activity on a quarterly or per project basis, whichever is sooner. The report shall reflect the names of, and the total dollar amount paid to all MBE/WBE subcontractors (including suppliers) utilized under this contract.

o MBE/WBE Subcontractors must provide the City with a report reflecting the prime contractors who have purchased their services and/or supplies on a quarterly basis. The report shall reflect the name of the prime contractor and the total dollar amount invoiced and total dollar amount received for payment.

• City Compliance Procedures o A letter will be forwarded to the prime contractor by the City informing them of their quarterly or per project reporting requirements. In addition, a letter will be forwarded to all MBE/WBE subcontractors (copy to the prime contractor) informing them of their reporting requirements.

o The City will review all reports received from the prime contractor and all subcontractors to determine if the commitments made by the prime contractor in his/her bid are being met. If reports are submitted on a per project basis, this review is to be done prior to final payment being made to the contractor and/or subcontractor.

Records and Reports

• The Contractor will keep such records as are necessary to determine compliance with its minority and women business enterprise commitments. These records must be in sufficient detail to indicate the number of minority and women businesses, the contract work performed, and the percentage of minority and women businesses performing work.

Additionally, the contractor is required to maintain an open file for a specified period, during which time the contract compliance person may make periodic reviews of records pertaining to relevant contracts.

1.35 NON-EXCLUSIVE CONTRACT

The contract resulting from this solicitation shall be non-exclusive and the City may procure the good or services covered by this solicitation, at any time, from other sources at its sole discretion.

https://www.dgs.pa.gov/Small%20Diverse%20Business%20Program/Small-Diverse-Business-Verification/Pages/Finding-Small-Diverse-Businesses.aspx https://www.dgs.pa.gov/Small%20Diverse%20Business%20Program/Small-Diverse-Business-Verification/Pages/Finding-Small-Diverse-Businesses.aspx

1.36 OBSERVANCE OF LAWS

The Contractor at all times shall observe and comply with all federal, state and city laws, bylaws, ordinances and regulations in any manner affecting the conduct of the work or applying to employees on the project, as well as all orders or decrees which have been promulgated or enacted, by any legal bodies or tribunals having authority or jurisdiction over the work, materials, employees or contract.

1.37 OPEN RECORDS LAW/ PUBLIC INFORMATION

Under the Pennsylvania Right-to-Know Law (the “Law”), 65 P. S. Section 67.101 et. seq., a record in the possession of the City is presumed to be a public record subject to disclosure to any legal resident of the United States, upon request, unless protected by a statutory exception.

Any contract dealing with the receipt or disbursement of funds by the City or the City’s acquisition, use or disposal of services, supplies, materials, equipment or property is subject to disclosure under the Law.

The following are not subject to disclosure under an exception in the Law:

1. A proposal pertaining to the City’s procurement or disposal of supplies, services or construction prior to the award of a contract or prior to the opening and rejection of all bids; and

2. Financial information of a bidder or offeror requested in an invitation to bid or request for proposals to demonstrate the bidder’s or offeror’s economic capability.

1.37.1 Any information not considered a public record and considered proprietary, confidential and/or a trade secret shall be subject to Non – Disclosure Agreement to be executed by Bidder upon execution of a contract.

1.38 ORGANIZATION CONFLICT OF INTEREST

1.38.1 The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this contract and a contractor’s organizational, financial, contractual or other interests are such that:

1.38.2 Award of the contract may result in an unfair competitive advantage; or

1.38.3 The Contractor’s objectivity in performing the contract work may be impaired.

1.38.4 The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any task/delivery order under the contract, he or she shall make an immediate and full disclosure in writing to the City which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize…