CITY OF ALLENTOWN

REQUEST FOR PROPOSAL

RFP NO. 2026-49

CONSTRUCTION INSPECTION & MANAGEMENT SERVICES

QUESTIONS DUE NO LATER THAN:

JUNE 22, 2026 AT 4:00 P.M.

RESPOND NO LATER THAN:

JULY 6, 2026 AT 2:00 P.M.

ALL INQUIRIES

must be submitted electronically via the “Ask a Question” feature in PennBid

Purchasing Agent

City of Allentown

Purchasing Office

435 Hamilton Street

Allentown, PA 18101-1699

To become a registered vendor and receive automatic notifications of any current bid solicitations for the City of Allentown, you must register online with PennBid. Sign-on and register @ https://pennbid.bonfirehub.com/ There is NO vendor registration fee for this service.

https://pennbid.bonfirehub.com/

Request for Proposal Page 2

TABLE OF CONTENTS

I. DEFINITIONS 3

II. GENERAL INFORMATION 3

A. PURPOSE 3

B. PROPOSAL SUBMISSION 3

C. PROCUREMENT SCHEDULE 5

III. GENERAL CONDITIONS 5

K. AUTHORITY 6

L. AUTHORIZATION TO DELIVER MATERIALS OR SERVICES 7

M. BACKGROUND CHECKS 7

N. COMPLIANCE WITH LAWS 7

O. CONTRACTOR COMPLIANCE 7

P. CONTRACT TERMINATION 7

Q. CONTROLLING LAW 7

R. DEFAULT 8

S. EQUAL EMPLOYMENT 8

T. FUNDING 8

U. GRANT FUNDED PROJECTS 8

W. INDEMNIFICATION 9

X. INSURANCE 9

Y. INTEREST OF CITY OFFICERS AND EMPLOYEES 11

Z. LIQUIDATED DAMAGES 11

AA. MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION 12

BB. IDENTIFIED BUSINESS ENTERPRISE PREFERENCE 15

CC. NON-EXCLUSIVE CONTRACT 16

DD. OBSERVANCE OF LAWS 16

EE. ORGANIZATION CONFLICT OF INTEREST 16

FF. OPEN RECORDS LAW/PUBLIC INFORMATION 16

GG. PRICES 17

HH. TIMELINE 17

II. TRANSFERS AND ASSIGNMENTS 18

JJ. VARIANCE TO BID DOCUMENTS 18

KK. SEXUAL HARRASSMENT 19

IV. WORKSCOPE 19

V. CONTRACT TERM 21

VI. EVALUATION AND AWARD CRITERIA 21

VII. AUTHORITY TO DISTRIBUTE BID PACKAGES 23

VIII. ADDITIONAL TERMS AND CONDITIONS 23

IX. PAYMENTS AND INVOICING 23

Attachment A: Signature Page Attachment B: Political Non-Disclosure Form Attachment C: IBE Preference Form Attachment D: Minority & Women’s Business Enterprise Prime Contractor’s Quarterly Utilization

Report.

Page M1: MBE/WBE Subcontractors and Supplier Solicitation and Commitment Form.

Request for Proposal Page 3

I. DEFINITIONS

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

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

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

3. Wherever the word “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.

4. Wherever in the specifications appear 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 Administrator is intended and similarly the words “approved,” “acceptable,” “satisfactory,” or words of like import, shall mean approved or acceptable or satisfactory to the Administrator.

5. Wherever the word “Contract” or “Contract Documents” is used, it shall mean and include this Request for Proposal, contract, advertisement, information for contractors, proposal, contract provisions, specifications, plans, agreement, addenda, and bonds (if applicable).

6. 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.

II. GENERAL INFORMATION

A. PURPOSE

The City of Allentown is requesting proposals for Construction Management, Inspection, and Documentation services for the City of Allentown’s School Zone Improvement Project and 10th & Martin Luther King Jr. Dr. Pedestrian Improvement Project.

B. PROPOSAL SUBMISSION

The City of Allentown, Purchasing Office has transitioned to ONLY electronic submissions of proposals through PennBid, effective March 2, 2026. This will improve the flow of vendor information and transparency; bid results will be available immediately upon opening. Submissions shall be opened electronically and publicly posted on PennBid’s website. Vendors must submit proposals online;

those who fail to submit complete proposals through Pennbid at https://pennbid.bonfirehub.com/ will not be considered for award. Submissions must include a Technical Proposal and Cost Proposal through PennBid in the appropriate drop down. No faxed or emailed proposals will be accepted.

Request for Proposal Page 4

Responses received after the prevailing date and time will be rejected as non-responsive.

1. Do not include any cost proposal information within the technical proposal. The inclusion of cost proposal information in the technical proposal will cause the entire proposal to be deemed non-responsive and disqualified without review by the evaluation committee.

2. Proposal must be submitted through PennBid. No faxed or e-mailed proposals will be accepted.

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.

3. Proposals 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.

4. Late is late. Proposals must be received by the date and time specified in the solicitation. Late submissions will not be accepted. It is incumbent upon Respondents to ensure that their proposals are uploaded to PennBid by the designated date and time. Any proposal 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.).

5. Any proposals that fail to follow the specifications and procedures in this

RFP for proposal submission may be deemed non-responsive and disqualified without review by the evaluation committee.

6. Proposals will be handled confidentially by the City during the pre-award process.

7. The proposal shall be binding for a period of ninety (90) days from the due date for submission.

8. The City of Allentown will not be responsible for any expenses incurred by a contractor in connection with this procurement.

9. If necessary, interviews or oral presentations, or both, will be scheduled by the Evaluation Committee with one or more of the contractors.

Respondents must have qualified personnel available for said interview/oral presentation upon short notice, (one week or less).

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

11. After Notice from the City, the successful bidder has ninety (90) 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.

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

Request for Proposal Page 5

12. 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, to reject any or all offers and to waive informalities and minor irregularities in offers received.

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

C. PROCUREMENT SCHEDULE

This Request for Proposal will follow the following tentative schedule:

1. QUESTIONS

Any questions regarding this Request for Proposal should posted to the “Ask a Question” feature under the appropriate solicitation on PennBid at https://pennbid.bonfirehub.com/.

All questions must be received by 4:00 p.m. on JUNE 22, 2026. Inquiries received after 4:00 p.m. on JUNE 22, 2026, will not receive responses.

2. PUBLIC OPENING

The Technical and Cost Proposals are to be uploaded as separate attachments, labeled appropriately, are due no later than JULY 6, 2026 at 2:00 p.m. (For further information see Section II – General Information).

III. GENERAL CONDITIONS

A. No verbal information to contractors will be binding on the City. The written specifications will be considered clear and complete, unless written attention is called to any apparent discrepancies or incompleteness before the opening of the proposals. All alterations to the specifications will be made in the form of written addenda which will posted on PennBid. These addenda shall then be considered to be part of these specifications.

B. Submission of a proposal will be considered as conclusive evidence of the contractor’s complete examination and understanding of the specifications.

C. The City of Allentown reserves the right to reject any and all proposals submitted and to request additional information from any Contractor and the right to waive minor irregularities in the procedures or proposals if it is deemed in the best interests of the City of Allentown. The City may elect, at its sole and absolute discretion, to award a Contract based on the initial proposals, or, to open negotiations, either written or oral, with one or more contractors to address performance, technical, pricing, delivery, or other provisions. If negotiations are opened, the City may elect, at its sole and absolute discretion, to conclude negotiations at any time if it is determined to be in its best interest, or they will be closed upon settlement of all questions and clarifications. A contractor may then be requested to provide a best and final offer with new pricing based on the negotiations. Proposals may be rejected and negotiations terminated based on the negotiations. Award will be based on the offers submitted, as well as any and all negotiations conducted. The City further reserves the right to reject all proposals and seek new proposals when such procedure is considered to be in the best interest of the City.

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

Request for Proposal Page 6

In the event there should there be the co-mingling of cost pricing in the technical proposal in any way, the submission will be deemed not compliant with the terms and conditions as set forth herein and will be rejected.

D. The award will be made to that responsive and responsible contractor whose proposal, conforming to specifications, will be most advantageous to the City; price and other factors considered, such as delivery time, quality, service, etc. The award may or may not be made to the firm with the lowest cost.

E. The City shall have the right, without invalidating the contract, to make additions to or deductions from the items or work covered by the specifications. In case such deductions or additions are made, an equitable price adjustment shall be made between the City and the Contractor. Any such adjustments in price shall be made in writing.

F. The date on which City Council approves said resolution shall be known as the

Official Award Date.

G. After notice from the City, the selected contractor has ninety (90) days from the “Official Award Date” to enter into a fully executed contract. If a contract is not executed by the selected contractor, then the City reserves the right to retract the Notice of Award and enter into a contract with another contractor.

H. Proposals must be uploaded as separate attachments. Unsigned proposals will not be accepted. Technical and Cost proposals that are not in separate attachments will not be accepted. Contractors are expected to examine all instructions, specifications, drawings, sites, installation, etc. Failure to do so will be at the Contractor’s risk.

I. No proposal 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 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 work is to be performed by a subcontractor, the contractor must name that the Contractor is fit and capable to perform the required work.

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

K. AUTHORITY

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, request for proposal, 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.

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.

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

Request for Proposal Page 7

L. AUTHORIZATION TO DELIVER MATERIALS OR SERVICES

All purchases must be properly authorized in advance. Contractors 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.

M. BACKGROUND CHECKS

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.

N. COMPLIANCE WITH LAWS

The Contractor shall at all times observe and comply with all laws, ordinances, regulations and codes of the federal, state, City and other local government agencies, which may in any manner affect the preparation of proposals or the performance of the contract.

O. CONTRACTOR COMPLIANCE

Each contractor is required to be in compliance with the City of Allentown’s local tax requirements. Accordingly, each contractor shall register for and obtain a business tax license prior to the award of this contract. For further information on obtaining a business tax license with the City of Allentown contact the Revenue and Audit Manager, at 610-437-7506.

P. CONTRACT TERMINATION

The CITY reserves the right to terminate this Agreement upon seven (7) days written notice to the CONTRACTOR either for cause or convenience, in the event the CITY decides not to proceed with the services, or funding is not appropriated by City Council.

Q. CONTROLLING LAW

This Request for Proposal 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.

Request for Proposal Page 8

R. 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.

S. EQUAL EMPLOYMENT

Contractors 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.

T. FUNDING

In the event that sufficient funds are not appropriated by the Council of the City of Allentown, Pennsylvania; or, if appropriated, are not allocated or available; or, in the event the amounts due hereunder are to be paid with funds given to the City by another private or government entity, and such funds are not sufficient for continuation of this agreement during any fiscal year after the City’s first fiscal year;

the City may, without breach, upon written notice to the Contractor, terminate the contract in whole or in part.

U. 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.

V. FORCE MAJEURE

Request for Proposal Page 9

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.

W. INDEMNIFICATION

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.

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.

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 expected, 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.

X. INSURANCE

The Contractor, 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 effect coverage and actually require the issuance of a certificate to trigger insured

Request for Proposal Page 10 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 effect 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 officers, agents and employees are included as Additional Insured to the General 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) Each Occurrence $2,000,000 Aggregate $2,000,000

WORKERS' COMPENSATION/EMPLOYER'S LIABILITY

Request for Proposal Page 11

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.

CERTIFICATE OF INSURANCE shall be issued to:

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 officers, agents and employees are included as Additional Insured to the General 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.

Y. 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.

Z. LIQUIDATED DAMAGES

Time is of the essence for the performance of the Contract and the specifications, deadlines, and procedures established herein are mandatory. Meeting the

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

Request for Proposal Page 12 deadlines set forth in the resulting contract is an essential and material term of the performance of the contract.

The City is authorized to deduct and retain any monies that may be due or become due to the Contractor under this agreement. The daily charge per calendar day of $200.00 is based on the original contract amount ranging between $100,000.00 to $500,000.00.

Contractor acknowledges and agrees that the damage caused to the City by the failure to comply with the specifications, deadlines, and procedures set forth in the resulting contract and the failure to provide contracted services will lead to deductions for non-performance. In the event the City deems Contractor to be in Default of the contract, the City shall notify Contractor by a declaration of default in writing, delivered by U.S. mail or hand delivery. The City, in its sole and absolute discretion, may or may not elect to provide Contractor with an opportunity to cure the default. If the City elects not to provide Contractor with an opportunity to cure or if Contractor fails to cure within the period provided by the City, the City may immediately terminate the contract.

AA. 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:

Request for Proposal Page 13 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 the 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

Request for Proposal Page 14 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:

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

Request for Proposal Page 15

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.

BB. IDENTIFIED BUSINESS ENTERPRISE PREFERENCE

For the purpose of this section, Identified Business Enterprises (IBE) shall include small business, small diverse business, and veteran business enterprises as they are defined and certified by and through the PA State Bureau of Diversity. Inclusion and Small Business Opportunities and as recognized by Federal regulations or other third-party certifying agencies approved by City Council in the form of a resolution passed at a public meeting. Section 3 residents and businesses as defined by the HUD Act of 1968, an amended, and certified through the HUD portal shall also be included.

When bids are received from the IBE, the firm shall receive 10 points towards their final score.

In order to qualify for the preference, set forth above, the IBE must be properly licensed to do business in the City of Allentown and in compliance with all City Ordinances and regulations.

Request for Proposal Page 16

CC. 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.

DD. 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.

EE. ORGANIZATION CONFLICT OF INTEREST

A. 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. Award of the contract may result in an unfair competitive advantage;

or

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

B. 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 the conflict. The City may, however, terminate the contract or task/delivery order for the convenience of the City if it would be in the best interest of the City.

C. In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the City, the City may terminate the contract.

D. The terms of this clause shall be included in all subcontracts and agreements wherein the work to be performed is similar to the service provided by the Contractor. The Contractor shall include in such subcontracts and agreements any necessary provisions to eliminate or neutralize conflicts of interest.

FF. 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.

Request for Proposal Page 17

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 proposals; and

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

GG. PRICES

All prices quoted in BID/RFP/Quote submission shall be binding through the term of the Contract/Purchase Order, unless agreed upon in writing by both Parties.

ii. Price Escalation Clause

If requested in writing ninety (90) days prior to the end of the first contract term, or any subsequent renewal terms, the City may consider pricing increases if the following conditions exist:

1. There is a verifiable price increase to the Contractor.

2. The Contractor submits, in writing, notification of the price increase.

3. The price increase shall be comparable to documented manufacturers’ or distributors prices’ price changes or industry related indices.

4. Price increases due to seasonal and/or unforeseen market conditions;

and

5. The Contractor shall submit the above information to the Purchasing

Department no less than ninety (90) days prior to the effective date of the requested price increase.

When the Contractor has complied with the aforementioned conditions, Purchasing will review the information to determine if it is in the best interest of the City to adjust the pricing on the product(s) bid, in conjunction with the Contractor’s effective date of price increase.

The Contractor must receive written notice from the Purchasing Department that the City is in acceptance of the new price(s) before they can be implemented.

Additionally, the Contractor is also expected to pass along any and all decreases on products/services OR keep pricing constant (remain the same) when market conditions warrant no such increase.

HH. TIMELINE

Contractors should review and become familiar with the Timeline. The dates and times of each activity within the Timeline may be subject to change. It is the responsibility of the Contractor to check for any changes. All changes that require material change, specification change or Timeline change will be made through an

Request for Proposal Page 18 addendum to this Request for Proposal and posted on PennBid (https://pennbid.bonfirehub.com/).

SCHEDULE DATE/TIME

Advertise Request for Proposal JUNE 8, 2026 Deadline for Questions JUNE 22, 2026, 4:00 PM Publish Addendum JUNE 23, 2026, 4:00 PM Public Opening JULY 6, 2026, 2:00 PM Evaluation Committee Review of Technical Proposal JULY 13, 2026, 10:00 AM Evaluation Committee Review of Cost Proposal JULY 20, 2026, 10:00 AM Responding Firms Oral Interview/Presentation TBD Presentation to City Council AUGUST 5, 2026, 6:30 PM

Technical and Cost Proposals shall be submitted as separate uploaded documents.

II. TRANSFERS AND ASSIGNMENTS

1. Contractor shall not, without written consent of the City, assign, hypothecate or mortgage this agreement. Any attempted assignment, hypothecation or mortgage without the consent of the City shall render this agreement null and void.

2. Neither this agreement nor any interest therein shall be transferable in proceedings in attachment or execution against contractor or in voluntary or involuntary proceedings in bankruptcy or insolvency or receivership taken by or against Contractor, or by any process of law including proceedings under Chapter X and XI of the Bankruptcy Act.

3. Shareholders and/or partners of contractor may transfer, sell, exchange, assign or divest themselves of any interest they may have therein.

However, in the event any such sale, transfer, exchange, assignment or divestment is affected in such a way as to give majority control of contractor to any persons, corporation, partnership or legal entity other than the majority controlling interest therein at the time of execution of this agreement, approval thereof shall be required. Consent to any such transfer shall only be refused if the City finds that the transferee is lacking in experience and/or financial ability to render and provide services.

JJ. VARIANCE TO BID DOCUMENTS

For the purpose of bid evaluation, contractors must indicate any or all variances to the bid documents and/or specifications as stated, no matter how slight. Any deviations from specifications and alternate bids must be clearly indicated with complete information provided by the contractor. Alternate bids may or may not be considered by the City. The City has the sole authority to decide what is in the best interest of the City, and their decision shall be final and binding. If variations are not stated in the bid, it shall be construed that the bid submitted fully complies in every respect to our bid documents. Submission of alternate documents, other than as included and/or requested in the current solicitation may cause your submittal to be considered non-responsive.

Request for Proposal Page 19

KK. SEXUAL HARRASSMENT

As a contractor of the City of Allentown, you are expected to comply with the City of Allentown’s Sexual Harassment Policy. Contractors and contractors are required to exercise control over their employees, agents, and subcontractors to prohibit acts of sexual and verbal harassment and agree as a term and condition that failure to comply with the City’s policy regarding sexual harassment may result in termination of this contract without advance notice. Further information regarding the City’s sexual harassment policy is available from the City’s Human Resource Department.

IV. WORKSCOPE

A. SCOPE OF WORK

The City of Allentown is requesting proposals for Construction Management, Inspection, and Documentation services for the City of Allentown’s School Zone Improvement Project and 10th & Martin Luther King Jr. Dr. Pedestrian Improvement Project.

These projects include improvements at twenty-six (26) school zone locations and at the intersection of S 10th St & Martin Luther King Jr. Dr. funded through the Transportation Alternatives Set-Aside (TASA) Grant Program and the Carbon Reduction Program.

These improvements are intended to enhance pedestrian safety and accessibility near schools through upgrades to existing infrastructure and the establishment of new school zones. The project generally includes, but may not be limited to, the following:

Deployment of solar-powered school zone beacon flashers at strategic locations around new school zones as designated by the city, with speed displays installed directly beneath the flashers.

Retrofit of existing school zones with speed displays installed beneath existing flashers and integration into a School Zone Flasher Management System to ensure consistency and uniformity across all school zone locations. Certain locations may only require speed display installations and School Zone Flasher Management System upgrades.

Installation of clear and visible regulatory and warning signage, pavement markings, pedestrian crossing treatments, and related traffic control devices in accordance with the approved school zone permit plans.

Installation of sidewalk, ADA handicap ramps, accessible pushbuttons and pedestrian signals on new poles, and asphalt trail extension at 10th & Martin Luther King Jr. Dr.

Task 1: Construction Administration

It is anticipated that notice to proceed for construction will be given March 2027.

The anticipated construction duration is approximately 52 to 66 weeks.

The selected consultant shall attend the pre-construction meeting with the City, PennDOT, and the contractor prior to the start of construction activities. The consultant shall coordinate and review project submittals, including shop drawings, material certifications, and Requests for Information (RFIs), in

Request for Proposal Page 20 coordination with the City and applicable PennDOT departments in accordance with current PennDOT District 5-0 procedures and standards.

During construction, the…