ANNOUNCEMENT REQUEST FOR PROPOSALS (RFP)

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1 Fleetwood Community Pool Feasibility Study ANNOUNCEMENT REQUEST FOR PROPOSALS (RFP) The chair of Parks and Recreation of the Fleetwood Borough in Berks County, Pennsylvania, is accepting proposals for a one-time contract to perform certain professional (consulting) services work for the Fleetwood Borough involving a feasibility study. Attached is information relating to submitting a proposal including specific requirements, the organization of the proposal, proposal evaluation criteria, and the proposed contract. Sealed proposals two copies must be received by the chair of parks and recreation at Fleetwood Borough Halll, 110 West Arch Street, Room 104, Fleetwood, PA 19522, no later than June 15, 2012, at 4 pm. If mailed, the proposal should be addressed to the above address. If additional information is needed, please contact Suzan Wetherhold, Chair of Parks and Recreation at Suzan Wetherhold Chair of Parks and Recreation

2 TABLE OF CONTENTS RFP FOR Fleetwood Community Pool Feasibility Study Fleetwood Borough Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. BACKGROUND GENERAL TERMS SCOPE OF WORK CONSULTANT QUALIFICATIONS REQUIRED SUBMITTALS EVALUATION CRITERIA CONTRACT FOR PROFESSIONAL SERVICES (Form) Appendices to Contract: Appendix A: Nondiscrimination/Sexual Harassment Clause APPENDIX C NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE During the term of this GRANT AGREEMENT, the GRANTEE agrees as follows: 1. In the hiring of any employee(s) for the manufacture of supplies, performance of work, or any other activity required under the GRANT AGREEMENT or any subcontract, the GRANTEE, subcontractor, or any person acting on behalf of the GRANTEE or subcontractor shall not, by reason of gender, race, creed, or color, discriminate against any citizen of this COMMONWEALTH who is qualified and available to perform the work to which the employment relates. 2. Neither the GRANTEE nor any subcontractor nor any person on their behalf shall in any manner discriminate against or intimidate any employee involved in the manufacture of supplies, the performance of work, or any other activity required under the GRANT AGREEMENT on account of gender, race, creed, or color. 3. The GRANTEE and subcontractors shall establish and maintain a written sexual harassment policy and shall inform their employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined. 4. The GRANTEE shall not discriminate by reason of gender, race, creed, or color against any subcontractor or supplier who is qualified to perform the work to which the GRANT AGREEMENT relates.

3 5. The GRANTEE and each subcontractor shall furnish all necessary employment documents and records to and permit access to their books, records, and accounts by the DEPARTMENT and the COMMONWEALTH Department of General Services (DGS), for purposes of investigation, to ascertain compliance with provisions of this Nondiscrimination/Sexual Harassment Clause. If the GRANTEE or any subcontractor does not possess documents or records reflecting the necessary information requested, the GRANTEE or subcontractor shall furnish such information on reporting forms supplied by the DEPARTMENT or DGS. 6. The DEPARTMENT shall include the provisions of this Nondiscrimination/Sexual Harassment Clause in every subcontract so that such provisions will be binding upon each subcontractor. 7. The DEPARTMENT may cancel or terminate the GRANT AGREEMENT and all money due or to become due under the GRANT AGREEMENT may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause. In addition, the DEPARTMENT may proceed with debarment or suspension and may place the GRANTEE in the Contractor Responsibility File. From Management Directive amended (6/30/99) Page 8

4 SECTION 1. BACKGROUND The borough of Fleetwood has a significant group of citizens from various backgrounds prepared to sit as an advisory panel for this project. The project is partially funded by a grant from the Community Conservation Partnership Program administered by the Department of Conservation and Natural Resources (DCNR), Bureau of Recreation and Conservation (Bureau). The Bureau has certain requirements and standards that must be met by the Borough of Fleetwood and its contracted consultant. This Request for Proposals (RFP) has been prepared to meet these requirements and standards. The Bureau will monitor the project. Certain documents and drafts of documents will be subject to review and approval by the Bureau. DCNR s grant agreement number is _BRC-TAG-17-8 SECTION 2. GENERAL TERMS The Borough of Fleetwood reserves the right to reject any or all proposals and to select the proposal that it determines to be in the best interest of the Fleetwood Borough. The contract is subject to the approval of Borough Council and is effective only upon their approval. Proposers are bound by the deadline and location requirements for submittals in response to this RFP as stated above. Proposals will remain effective for the Fleetwood boroughs review and approval for 60 days from the deadline for submitting proposals. If only one proposal is received by the borough of Fleetwood, it may negotiate with the proposer or seek additional proposals on an informal or formal basis during the 60-day period that proposals are effective. The proposer is encouraged to add to, modify or clarify any scope of work items it deems appropriate to develop a high quality plan at the lowest possible cost. All changes should be listed and explained. However, the scope of work proposed must accomplish the goals and work stated below.

5 SECTION 3. SCOPE OF WORK II. SCOPE OF WORK ELEMENTS REHABILITATION OF A SWIMMING POOL Note: The scope provided under this section is to be used when studying the feasibility of rehabilitating an existing swimming pool. This scope includes two sections:1) Facility Assessment and 2) Pool Management. Section I: Facility Assessment concentrates on capital (bricks and mortar) issues relating to the pool. These are the minimum services required for submission of Keystone Community Park Rehabilitation and Development or Small Communities/Small Projects Grant. Section 2: Pool Management components are optional but highly recommended for communities that struggle financially to keep their pool open each year. For this type of study, you do not need to develop a tailored scope of work. Including a copy of this scope of work in your grant application is acceptable. You must indicate, however, if the project will include Section 2. A. Goals of Plan. 1. What is the purpose of the study (what is to be acquired, developed or studied?) 2. What is the time frame for the overall project or parts thereof? 3. What are the boundaries or limitations of the study? B. Public Participation 1. Develop a well-rounded and representative study committee and discuss its involvement in the planning process. 2. Conduct at least a citizen survey or key person interviews of community and business leaders and public meetings with neighborhood and community groups. (Depending on the selected option, this component will need to be expanded). 3. Summarize results of the public participation process. C. Facility Assessment 1. Summarize the maintenance and repair history of the pool complex. 2. Assess the existing conditions at the pool complex, following the major components within the PA Bathing Place Manual, and including at a minimum: Mechanical, structural and cosmetic conditions of pool and bathhouse (i.e. pool structure, and recirculation, filtration, disinfection systems, etc.). Accessibility compliance with the Architectural Barriers Act of 1960, Section 504 of Rehabilitation Act of 1973, and Americans with Disabilities Act of Compliance deficiencies with codes and/or recommended standards. Note, if any special tests are required to assess the existing systems, these tests should be specifically noted. (i.e. pressure testing of piping) 3. Provide a general statement of overall condition of each component. 4. Detail specific deficiencies where the component does not meet state and local codes (PA Bathing Place Manual, electrical code, Labor and Industry, etc.) 5. Provide recommendations for needed pool improvements and renovation options including the advantages, disadvantages and costs of each option. For example, these improvements could be the installation of water slides, sand volleyball courts, expanded pavilion areas, zero-depth pool, fountains, etc. Under this work element, the community may want to include:

6 exploring additional revenue-producing capital improvements that go beyond the required code compliance; evaluation and presentation of costs and projected revenues and, recommendations. 6. Detail probable construction costs for capital improvements, renovation options and related operating costs. 7. Present the options to the Study Committee to select the one that best meet the community's needs and funding abilities. Prioritize needed improvements and develop a project phasing plan. 8. Develop a final report that includes above information. D. Pool Management Optional Many communities with older pools are faced with increasing pool operating costs and decreasing revenues. Keeping these pools open is often an annual struggle. Pool operations can require considerable local tax support that limits a community's ability to fund needed pool improvements and other park and recreation services. While capital renovations can increase pool attendance; without increased programming, an improved concession operation, a targeted marketing program, and proper staffing, these pools may continue to strain local budgets. The consulting services suggested under Section 2 should provide a community with a comprehensive plan to increase pool attendance and revenues and decrease operating costs. Ideally, pool feasibility studies should include services in both sections; however, we recognize that municipalities may have limited funds available for studies. Communities operating pools with decreasing attendance, and/or ones that can not cover annual operating costs should include Section 2's services, if possible. Tasks included under this work element should be: 1. Develop a five-year summary of pool revenues and expenses. 2. Develop a profile of pool attendance and pool users. If available, address residency, membership vs. daily use, peak times, etc. 3. Develop a profile of pool program offering. 4. Interview, at a minimum, managers of five public pools within the region to assess local pool fees, staff wages, pool hours, and general pool programs. Develop an operational comparison of these findings with the pool under study. 5. Evaluate the pool's concession operations. E. Summary 6. Work with the community to evaluate its rationale for continuing to provide a public swimming pool. For example, the community may desire to keep fees low so that all residents can afford to use the pool. The decision for lower fees may warrant the need for tax support or a partnership with a non-profit organization. 7. Provide recommendations on how to increase pool revenues, decrease pool expenses without impacting the safety of users, and improve overall pool management and services. Provide a summary of study findings and recommendations. F. Final Product(s)

7 Provide 3 copies for the Bureau and 10 copies for the community of a bound document, and any summary document, that provides the written material covering, in detail, sections A through D. In addition, maps and sketches developed in preparation of the various sections should accompany the report to both the Bureau and the community. SECTION 4. CONSULTANT QUALIFICATIONS For studies to rehabilitate existing facilities, the consultant or consulting team must have documented expertise to study the type of facility under consideration. For communities interested in including an analysis of swimming pool operations, management, and programming, a professional with hands-on pool management experience should be included on the consultant team. In most instances, an engineer or other qualified professional on the team will need to assess the existing mechanical operations and the integrity of the swimming pool shell. The Bureau requires that the report be under seal of a licensed professional who is authorized by Pennsylvania law to apply the seal. Depending on the project, the professional could be a landscape architect, architect, or engineer. SECTION 5. REQUIRED SUBMITTALS A. Letter of Transmittal This letter must include the following: A statement demonstrating your understanding of the work to be performed. A statement confirming that the firm meets the Consultant Qualifications (see Section 4 above). The firm's contact person and telephone number. B. Profile of Firm This consists of the following: A statement of the firm's experience in conducting work of the nature sought by this RFP; advertising brochures may be included in support of this statement. The location of the firm's office that will perform the work.

8 Resumes of individuals (consultants, employees) proposed to conduct the work and the specific duties of each individual in relation to the work. NOTE: DCNR requires that the project consulting team have the qualifications listed in the DCNR document entitled Consultant Qualifications (see Section 4 above). A reference list of other municipal clients of the firm with contact information. Any other information relating to the capabilities and expertise of the firm in doing comparable work. C. Methods and Procedures The proposal must include a detailed description of the methods and procedures the firm will use to perform the work. Inclusion of examples of similar work is encouraged. D. Work Schedule The schedule must include time frames for each major work element, target dates for public meetings, and dates for completion of draft and final documents. E. Cost For each major work element, the costs must be itemized showing: For each person assigned to the work, the title/rank (organizational level) of the person in the organization, the hourly rate, and the number of hours to be worked The reimbursable expenses to be claimed The itemized costs must be totaled to produce a contract price. If awarded a contract, a proposer is bound by this price in performing the work. The contract price may not be exceeded unless the contract is amended to allow for additional costs. If awarded a contract, the firm may not change the staffing assigned to the project without approval by the borough of Fleetwood. However, approval will not be denied if the staff replacement is determined by the borough of Fleetwood to be of equal ability or experience to the predecessor. Your method of billing must be stated. The preferred practice of the borough of Fleetwood is to pay upon completion of the work and receipt of the required report.

9 However, the Fleetwood borough will consider paying on a periodic basis as substantial portions of the work are completed. Regardless of the billing method used, 10% of the funds available under the contract will be withheld until the final product is approved by DCNR. F. Contract See Section 7 below for the contract form and the document entitled, Nondiscrimination/Sexual Harassment Clause that DCNR requires to be attached to and incorporated in the contract as an appendix (labeled Appendix A in this RFP). SECTION 6. EVALUATION CRITERIA A. Technical Expertise and Experience The following factors will be considered: The firm s experience in performing similar work The expertise and professional level of the individuals assigned to conduct the work The clarity and completeness of the proposal and the firm s demonstrated understanding of the work to be performed B. Procedures and Methods The following factors will be considered: The techniques for collecting and analyzing data The sequence and relationships of major steps The methods for managing the work to ensure timely and orderly completion C. Cost The following factors will be considered: The number of hours of work to be performed The level of expertise of the individuals proposed to do the work.

10 D. Oral presentation Any or all firms submitting proposals may be invited to give an oral presentation of their proposal. SECTION 7. CONTRACT FOR PROFESSIONAL SERVICES A proposed contract is included (beginning on next page) for your review. If it is satisfactory to you, it should be completed, executed, and submitted with the proposal. If you prefer an alternative contract, you may submit it as a part of your proposal. However, the Borough of Fleetwood reserves the right to enter into the enclosed contract with the successful firm or to negotiate the terms of a professional (consulting) services contract. CONTRACT FOR PROFESSIONAL SERVICES This Contract is made and entered into this day of, 20[ ], by and between the [Municipality], County, Pennsylvania ( [Municipality] ), and

11 ("Consulting Firm"). WHEREAS, the [Municipality] desires to have certain one-time professional consulting work performed involving [Insert here title or short description of work (same as used in RFP)]; WHEREAS, the [Municipality] desires to enter into a contract for this work pursuant to a Request for Proposals ( RFP") issued by Fleetwood borough. WHEREAS, the Consulting Firm desires to perform the work in accordance with the proposal it submitted in response to the RFP; is add other WHEREAS, the Consulting Firm is equipped and staffed to perform the work; NOW, THEREFORE, the parties, intending to be legally bound, agree as follows: THE CONSULTING FIRM WILL: 1. Provide professional consulting services in accordance with the RFP, its proposal in response to the RFP, and the Nondiscrimination/Sexual Harassment Clause, which attached hereto and incorporated herein as Appendix A. Fleetwood Borough may appendices as appropriate.] 2. Obtain approval from the [Municipality] of any changes to the staffing stated in its proposal. However, approval will not be denied if the staff replacement is determined by the [Municipality] to be of equal ability or experience to the predecessor. THE [Municipality] WILL: 1. Compensate the Consulting Firm based on the actual hours worked and actual reimbursable expenses for a total amount not to exceed $. 2. Provide the Consulting Firm with reasonable access to [Municipality] personnel, facilities, and information necessary to properly perform the work required under this Contract. 3. Except as provided in item 4 below, make payment to the Consulting Firm within 30 days after receipt of a properly prepared invoice for work satisfactorily performed. [Revise this provision to reflect actual payment arrangement agreed to.] 4. Make final payment of 10% of the funds available to the Consulting Firm under this Contract within 30 days after final product approval by the Department of Conservation and Natural Resources. IT IS FURTHER AGREED THAT:

12 1. All copyright interests in work created under this Contract are solely and exclusively the property of the [Municipality]. The work shall be considered work made for hire under copyright law; alternatively, if the work cannot be considered work made for hire, the Consulting Firm agrees to assign and, upon the creation of the work, expressly and automatically assigns, all copyright interests in the work to the [Municipality]. the any 2. In the performance of services under this Contract, there shall be no violation of right of privacy or infringement upon the copyright or any other proprietary right of person or entity. In witness thereof, the parties hereto have executed this Contract on the day and date set forth above. WITNESS: FOR THE [Municipality]: TITLE: WITNESS: FOR THE CONSULTING FIRM: TITLE:

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