kingston laws & rules bmx

8/9/2019 Kingston Laws & Rules BMX

1/15

City

of Kingston

Purchasing

Department

RFP#:

Kl5-05

Operation

of

the

Bicycle

Motocross

Facility

at

Kingston Point

Park

Thursday,

March

5,2015

{

{:00am

Request

for

Proposal

OPERATION

OF

THE

BICYCLE

MOTOCROSS

FACILITY

A,T

KTNGSTON

POINT

PARK

KINGSTON,

NY

RFP

Release

Date:

Wednesday,

February

11'

2015

Proposals

Due:

Thursday,

March

5'

2015 at

11:00am

It

is recommended

that

proposals

be

submitted

in

advance,

at

least

one

day

prior

to

the

specified

date and

time

to allow

for a timely

receipt.

LATE

PROPOSALS

will

NOT

be

considered.

Send

four

(4)

copies

ofeach

proposal.

Ptease

use the

above RFP

number on

all

correspondence.

REQUEST

FOR PROPOSAL

DEFINITION:

An

RFP

defines

the situation

or

objectfor

which

the

goods and

or services

are

required, how

they

are

expected

to be used

and/or

problems that they

are expected

to

be

addressed.

Vendors are

invited

to

propose

tolrtiont

that

witl result

in the satisfaction

of

the

City's

objeotives

in

q

cost-ffictive

mannen

The

proposed

solutions are

evaluated

against

a

predetermined

set

of

criteria

of which

price

may

not

be

the

primary

consideration.

Shayne

R. Gallo

John

Tuey

Kevin

Gilfeather

Brian

J.

Woltman

Mayor

of the

City of

Kingston

Comptroller

Superintendent

of

Parks and

Recreation

Purchasing

Agent

1


2/15

Gity

of

Kingston

Purchasing

Department

RFP#:

K15-05

Operation

of the Bicycle

Motocross

Facility at

Kingston

Point Park

Thursdayn

March 5,2015

11:00am

Background:

The

City

of Kingston, Kingston,

New York

is

governed

by

its

charter,

City

of

Kingston

local

laws and

general

laws

of

the

State of New York.

Scope:

The

City of Kingston

is

seeking a concessionaire

to

operate a

Bicycle

Motocross

(BMX)

facility

on a

site located

at Kingston

Point Park

on Delaware

Avenue

opposite

of

the

entryway

to Kingston

Point

Beach.

The

BMX

racing

facility

first

opened in

1991

The

area

of

land the

City

of Kingston

is

making

available

to

the

BMX

concessionaire

is

approximately 207,223

square feet. The

city

anticipates

that the area

of

land

offered in

this

RFP will

accommodate

the BMX

track and

facilities,

along

with space for parking

of

patron

vehicles.

Each

year

the

typical

operating season

for

the BMX facility

commences

in April

and

continues

through

October, weather

permitting;

the

season

may

be extended

into

November.

Throughout

the entire

term of

an award the

City of Kingston

shall

continue

to

own the

parkland

upon

which

the

BMX

racing facility

is constructed.

The

city

expects

the

concessionaire

to

create and

maintain

a

high-quality

amenity

for

the

public.

The

city

encourages

proposers

to implement

customer

service mechanisms

that will enhance

and

maintain

the

satisfaction

of

patrons.

These

mechanisms

should

be

outlined in

each

proposal.

The

Term:

The award

term

shall

be for

one five-season

term

commencing

on April 1,

2015

and

expiring

on

December

31,

2019. The

City of Kingston

at its

sole

option

shall retain

the

right

to

extend the

award

for

additional two-seasons.

No

longer

award

term

will

be

considered.

This

concession

will

be operated

pursuant

to

an

award

issued

by the

city;

no

leasehold

or other

proprietary

right

is offered.

RFP

Contact

Person:

The

Contact

person

for

this

project

is

Brian

J. Woltman.


3/15

City

of Kingston

Purchasing

Department

RFP#:

Kl5-05

operation

of the

Bicycle

Motocross

Facility

at Kingston

point

park

Thursday,

March

5,2015

11:00am

Proposals

Due

Date:

All

proposals must

be

delivered

to

the

ofhce of

the

City

of Kingston

Purchasing

Department

by Thursday,

March

5,2015

at

L1:00

AM

after which

they

will

be

publicly

opened.

No

proposals

shall be

accepted

or considered

after

that

time.

It

is the

responsibility

of

each

offerer

to

ensure

that

their

proposal

arrives

in

time.

RFP

submissions

shall

be

in

a

sealed

envelope

addressed

to

City

of Kingston

Purchasing

Department

420Broadway

Kingston,

NY

12401

on face

of

said envelope

the following

information

shall

be included:

1)

NAME

AND

ADDRESS

OF OFFEROR:

2)

NAME

OF RFP:

All

proposers

shall be

required

to

submit

four

(4)

copies of

their

proposals

to the

Purchasing

Office.

The

proposers

shall be required

to

complete,

and

include

within

their

RFP

Submission,

the

Proposer

Information

Sheet,

the

Reference

Sheet,

and the

Affrdavit

of Non-Collusion

Certifi

cation.

The

proposal

submission

should

be typed

on

both sides

of

8.5

x

I I

paper.

Pages

should

be

paginated.

Proposals

may

NOT

be

submitted

in plastic

sleeves

or

spiral binders.

Illustrations

may

be

included.

All

plans

are

subject

to

City of Kingston

approval.

Oversized

drawings

maybe

submitted,

but must

be

accompanied

by 8.5 x I

1

sectionals

or reductions

to

8.5 xl

i

,

no

telegraphic

or

facsimile

proposals

will

be

accepted.

The proposal

will

be

evaluated

on

the

basis

of its

content,

not

length.

Questions:

Any

and

all

questions

must

be submitted

in

writing

using

the

enclosed

form.

The

deadline

for

the

submission

of

questions

is 4:00pm

Tuesday,

February

17

,2015.

All

substantive

questions

will

be

answered

in

the

form

of

an

addendum

no later

than

Monday,

February

23,2015.

Responsibilities

of the

Concessionaire:

The

concessionaire

shall

be responsible

to

construct,

operate,

supervise,

and

manage

the

BMX

racing

track located

at

Kingston

Point

Park.


4/15

Gity

of Kingston Purchasing

Department

RFP#: K15-05

Operation of the Bicycle Motocross

Facility

at Kingston Point

Park

Thursday, March

5,2015

11:00am

Operational Plan Proposers

should submit a detailed

operational

plan

for

the entire

premises,

including

but

not

limited

to

intended

use

of

the

BMX

racing

facility,

hours

of

operation, staffing

plans,

fees, services

to

be

provided,

internal controls,

food

menu

items, whether

healthy

food

choices

will

be

provided,

a

detailed list

of all

proposed prices

and rates,

landscaping/horticulture plans,

mechanisms

to

measure

customer satisfaction,

maintenance,

rubbish

removal,

and cleaning

schedules,

safety

and

security

plans.

Operational

plans

for

the food

retail

stand.

Capital Improvements

All capital improvements

and

fixed

equipment

applied towards

the concessionaire's

capital

investment

shall become the

property

of

the

City of Kingston

upon

installation,

at

the

city's

option.

Personal

equipment

not

applied toward the required capital expenditure

will

remain the

property

of

the

concessionaire.

These

personal

expendable items

should be

listed

separately in

your

proposal

under the category

of additional

investment.

Utilities

The

concessionaire

shall be required

to

pay

for

any

and

all utility

costs

connected

with the

operation

of

this

concession.

This

includes

but is not

limited to,

installing

all

necessary

utilities,

service lines,

conduits; water

meters,

pipes,

etc. These

utility

costs also

include,

but are not limited

to,

paying

all

water

and sewage

charges that

the

Kingston

Water Department

assesses for

water

usage, and

all

charges for electric

usage.

The concessionaire

shall

be

required to

remove

any unsuitable

existing

materials

as required.

The

City of Kingston

makes no representations

that there are

adequate

utilities

currently in

place

at

the location.

Rubbish

Removal,

Recycling

& Maintenance

The

concessionaire

shall be responsible

for,

at

its

sole cost

and expense,

clean-up

and

removal

of all

waste,

garbage,

refuse,

rubbish and liuer

from

the

premises

and

the

area within

fifty

(50)

feet

of

the

premises.

The

concessionaire

shall

be required

to

provide

adequate

and easily

accessible waste

and

recycling

receptacles,

and have

these receptacles

emptied

on

a

regular

basis

by a

private

carter.

The concessionaire

is

required

to comply with

all City,

State, and Federal

regulations

regarding

recycling.

In

addition

the concessionaire

will

be required

to

demonstrate

a detailed

maintenance plan

that

will keep

and maintain

the site

in

excellent

condition

throughout

the

term

of

the

award.

The

concessionaire

shall

be

required

at his sole expense

to keep

and maintain

the BMX

racing

track in

a

condition

suitable

for

safe

use

by the

patrons

during the entire

term of

this

award.

The

concessionaire

shall be required

to comply

with

all terms of

the

license

agreement.

Periodically

city

inspectors

will visit

the

premises

unannounced

to

inspect

operations

and

determine

whether

or not

the concessionaire

is

in

compliance

with

the terms of

the award.


5/15

Gity

of Kingston

Purchasing

Department

RFP#:

Kl5-05

operation

of the Bicycle

Motocross

Facility

at Kingston

Point

park

Thursday,

March

5,2015

11:00am

The concessionaire shall

be

required

at

all

times

to

keep

the premises

and

the immediate

area

of the

BMX racing

track

clean,

neat,

and

free

of all waste

,

garbage,

refuse,

rubbish,

grafhti,

and

litter.

The

concessionaire

shall

also be required

to keep

any and

all signage

on the

grounds

in

good

condition,

and free

of

graffiti.

Reporting

Requirements

A

representative

from

the

concessionaire

will

attend and

provide

the

Kingston

Recreation

Commission

with

program

and track updates

on

a

quarterly

basis.

On an

annual

basis, the

concessionaire

shall

provide

the

city with

a report

of

the

programs

that were

conducted

during

the

prior

year,

including

the number

of

participants,

the

fees charged, and

any other related accomplishments or matters

connected

with

the

facility

herein.

The concessionaire

shall also

provide

the

previous

year's

financial

statements,

including

an

accounting

of all cash receipts,

including

but not

limited

to

receipts

derived

from

parking

fees,

food,

and

merchandise

sales,

by

the April meeting

of

the

Kingston

Recreation

Commission.

The

concessionaire

shall

agree

that

all

checks

issued

by

it

shall have

two

(2)

signatures

and

all

bank

accounts

shall require

two

(2)

signatures

for

purposes

of withdrawal

of funds.

Required

Parks

and Recreation

Events

The

concessionaire

shall

conduct

an

Annual

Recreation

Department

Race

during

the

season,

with

all

proceeds

going

directly

to

the

City of Kingston

Parks

and Recreation

Department

for use

solely

in

the maintenance

of

the

City

of Kingston

parks,

with

proceeds

dedicated

back

to

the Recreation Department

with

a check presentation

at

the Recreation

Commission

meeting

by

December

of

each

calendar

year.

The

concessionaire

shall

sponsor

a

Movie

in

the Parks

night

event

annually

and/or

sponsor

a

Youth/Biddy

Basketball

Team .

The

concessionaire

shall

develop programs

in cooperation

with

the

City

of Kingston

summer

recreation program,

the Everett

Hodge

Center

and

the Rondout

Neighborhood

Center

wherein

inner

city

youth

will

be

given

the

opportunity

to

participate

in BMX

riding

at the

track

and

ride

using

Try

BMX

Day

Coupons

provided

by the

Association.

Such

program shall make

necessary

BMX

equipment available to the

youth for

use at

the

track.

The

concessionaire

shall noti$,

the

City

of Kingston

of all

potential

bookings

of

Regional,

National

and

other

elite BMX

events.

Net

proceeds

from

such

events

shall

be

shared

by the

concessionaire

and the

City

of

Kingston

upon

such

terms

as

agreed

between

the

concessionaire

and

the

City

of Kingston

which

terms

shall

be

set forth

by separate


6/15

City

of

Kingston

Purchasing Department

RFP#:

Kl5-05

Operation of the Bicycle Motocross

Facility at Kingston

Point

Park

Thursday, March

5,2015

11:00am

agreement.

Such events

shall

not

be booked

without

specific agreement

between

the

concessionaire

and

the

City

of Kingston

regarding the

division of

net proceeds.

Food

and

Drink

Sales

The

concessionaire may operate

a

concession

stand for the retail

sale

of

food

and drink

items. The

food

products

dispensed

will

be of

good

quality

and

sold at a

price

comparable

to similar

vendors

in

the

area.

It

shall be the sole

responsibility

of

the concessionaire

to

obtain all the

necessary

permits,

and to comply with

all of

the

regulations

and standards

of

the

Ulster

County

Department

of

Health. The concessionaire

shall

be

responsible

for

collecting and reporting

the

required

sales

tax.

Staffing

The

concessionaire

shall

be

required

to have a sufficient

number

of staff

available

at the

premises

during

the

regular

operating hours

to

ensure

proper

operation of

the

concession.

Alcohol, Tobacco

The

consumption

of alcohol,

and the

smoking

of

any tobacco

product

is

strictly

prohibited

at the

premises.

The concessionaire

shall adhere to and

strictly

enforce

this

policy.

Accident/Incident

Reporting

to

the

City The concessionaire

shall

immediately notify

the

City of Kingston

about

major

accidents

or unusual incidents,

including

but not limited

to injury,

death,

property

damage occurring

at the licensed

premises.

The

concessionaire

shall also be required

to

prepare

and

provide

to the

city

operational

status reports

and

reports

of

major

accidents

or unusual incidents,

on

a

regular

basis and in

a

format

reasonably

acceptable

to

the

city.

The concessionaire shall

promptly

notify

the

City

of

Kingston, in

writing,

of

any

claim for injury,

death,

property

damage,

or theft which may

be asserted

against concessionaire

with respect

to

the

licensed premises.

The

concessionaire

shall also

designate

a

person

to

handle

all

such claims,

including

all

claims

for

loss

or

damage

pertaining

to the operation

of

the licensed

premises,

and the

concessionaire

shall

provide

the

city with

this

person's

name

and address in writing.

Proposal

Amount:

The

proposed

dollar

amount should state

the highest

annual sum

each proposer

is

prepared

to

pay

to

the

City

of

Kingston

for

the concession

rights

to

operate

the

BMX

racing

facility.

Concessionaire

Insurance

Requirements

Liability

-

The concessionaire

shall

procure

at its

own

cost and

expense such

public

liability

and other

insurance

as

will

protect

themselves,

the

people

of

the

City of

Kingston,

and

its

officers

and employees

from

any

claims

for

damages

to

property

and

for

bodily

and

personal

injuries, including

death, which

may arise

from

the operation

of

this

license

by

the

concessionaire.

Policies

or

Certificates

of

Insurance

shall be delivered


7/15

Gity

of Kingston

Purchasing Department

RFP#: K15-05

Operation

of the

Bicycle Motocross

Facility

at

Kingston

Point Park

Thursday,

March

5,2015

11:00am

to the

City

with

full

premiums

paid

before

proceeding

under

this

license

and

shall

be

subject

to the approval

of

the

City for

adequacy and

for

form of

protection.

Said

Certificates shall name

the

concessionaire,

the

City, its officers

and employees

as

additional insured's.

Said insurance

shall

be

primary

as

to the

City. Insurance

requirements

under

this

license

shall be

One Million

($1,000,000.00)

Dollars

combined

single

limit for

bodily injury

and

property

damage and

shall

include

the

following

types

of

coverage:

(a) (1)

(2)

(3)

(4)

(s)

(6)

(7)

(8)

(e)

Comprehensive

General Liability

Premises

Operations

Products/Completed Operations

Contractual

Independent

Contractors

Broad

Form Property

Damage

Personal

Injury

Participant

Inj

ury Liability

Participant

Accident

Coverage

(b)

workers'

compensation

and New

York

State Employee

Disability.

This

license

shall

be

voided

and

ofno

effect

unless

the

concessionaire

shall

secure

compensation

for

the

benefit

of

and keep insured

during the life

of

the license,

such

employees

as are

required

to be

insured

by the

provisions

to chapter

41

of

the

Law

of l9l4

and

Acts

amendatory

thereof,

known

as

Workers'

Compensation

Law,

and

Disability

insurance

for

said

employees.

(c)

Comprehensive

Auto

Liability

for

licensee-owned, non-owned,

hired

and/or

borrowed vehicles

with

a

combined

single

limit for

bodily injury

and

property

damage

of

One

Million

($1,000,000.00)

dollars.

(d)

Participant

Accident

coverage

with

deductible

of

not

more than

one

Thousand

Five Hundred

($1,500.00)

Dollars

providing

accidental

death

benefits

and

medical

excess,

each

in

the sum

of

Three Thousand

($3,000.00)

dollars.


8/15

Gity

of Kingston

Purchasing

Department

RFP#:

K15-05

Operation

of the

Bicycle Motocross

Facility

at Kingston Point

Park

Thursday,

March

5,2015

11

:00am

Certificates

of

Insurance shall

include

a

thirty

(30)

day

notice

of

cancellation to the

Clerk

of

the

City

and

the

Corporation

Counsel

of

the

City.

Should the

City's

insurance

carrier

insist

on

additional

coverage

and/or a

rider

on the

City

policy,

such must be

provided

at

the

expense

of

the concessionaire.

Subcontractors

The

concessionaire

shall

not

subcontract

any work

unless the

subcontractor

conforms

to the entire

aforementioned

insurance

requirement

to the extent

they apply

to the

subcontracted

operation.

Award

Criteria:

The

City

of

Kingston

is

seeking

a

concessionaire

who will

operate

the

BMX

racing

facility in

such

a

fashion that

it

will

enhance

the

overall

atmosphere

of Kingston Point

Park.

Therefore,

in addition

to

the annual

dollar amount

proposed

for

the concession

rights;

the

city

shall

also consider,

and

take

into

account

when

making

the

concession

award

how

the

bidder

proposes

to

operate

the

BMX

racing

facility.

Prospective proposers

shall

be

required

to

submit along

with their

bid

amount

a

detailed

description

of how

they

plan

to

operate the

BMX

racing

facility. Proposals

should

address

the

following

items:

Staffing

levels

Amenities

Services

offered to patrons

Proposed

enhancements

to

services

that were

previously

offered

Marketing

approach

for

BMX

Racing

Facility

Evaluation

and

Selection:

In

evaluating

proposals

the

city will

use

the

following

criteria:

Bid

Amount.

(50%)

Planned

operations

including

staffing

levels,

and

amenities.

(25%)

Proposed

capital

investment

.

(25%)

Evaluation

Procedures:

The

city will

only

consider

proposals

that

meet

satisfactory

levels

of

the

above

criteria.

The

city

is

not required

to

accept

the

proposal

that

includes

the highest

fee

offer.

The

city

cannot

consider

any

proposal

that

does not

comply with

the RFP

Submission

Package

section

of

this

RFP. Proposals

that

do not meet

these

requirements

will

not be

evaluated.

8


9/15

Gity

of Kingston

Purchasing

Department

RFP#:

K15-05

operation

of the

Bicycle

Motocross

Facility

at

Kingston

point

park

Thursday,

March

5,2015

11:00am

Other

General

RFP

Requirements

and

Conditions:

The

City

of Kingston

reserves

the

right

to

postpone

or cancel

this RFP

or reject

all

proposals,

if in

its

judgment

it

deems

it

to

be

in

the

best

interest of

the

city to

do

so.

1

2.

Proposers

are

advised

that the

City of Kingston

has the

option

of

selecting

the

proposer

without

conducting

discussions

or negotiations.

Therefore,

proposers

should

submit

their

best

proposals

initially,

since

discussions

or negotiations

may

not

take

place.

All

RFP

submission

materials

become

the

property

of

the

city

of Kingston.

Proposal

submission

material

will

generally

be made

available

for

inspection

and

copying

by interested parties

upon

written

request,

except

when

exempted

from

disclosure

under

the

New York

State Freedom

of Information

Law.

The

City

of Kingston

is

subject

to

the

New

York

State Freedom

of Information

Law,

which

governs

the

process

for

the

public

disclosure

of

certain

records

maintained

by the

City

of Kingston.

Individuals

or

firms

that

submit

proposals

to

the

City

of Kingston

may request

that the

city

except

all

or

part

of

such

a

proposal

from public

disclosure,

on the

grounds

that

the

proposal

contains

trade

seCrets,

proprietary information,

or that

the

information,

if

disclosed, would

cause

substantial

inj.t

y

to

the

competitive position

of

the individual

or

firm

submitting

the

information.

Such

exception

may

extend

to information

contained in

the

request

itself,

if

public

disclosure

would

defeat

the

purpose

for

which

the

exception

is

sought.

The

request

for

exception

must

be

in

writing

and state,

in

detail,

the specific

reasons

for

the requested

exception.

It

also

must

specify

the

proposal

or

portions

thereof

for which

the exception

is requested.

If

the

City

of

Kingston

grants

the request

for

exception

from

disclosure,

the

city will

keep

such

proposal

or

portions

thereof

in

secure

facilities.

4.

The

City of

Kingston

shall not

be

liable

for

any

costs incurred

by

proposers

in

the

preparation

of

proposals

or

for any work performed

in

connection

therein.

5.

Proposers

should

be aware

that

this

concession

will

be

developed

and

operated

pursuant

to an

award

issued

by the

City

of Kingston.

In

the

event

this agreement

is

terminated,

the

City of

Kingston

will

not

consider

proposals

for

reimbursement

of

licensee's

unamortized

capital

improvement

costs

as

of

the

date

of

termination.


10/15

Gity

of Kingston Purchasing

Department

RFP#:

K15-05

Operation

of the Bicycle

Motocross Facility

at Kingston

Point Park

Thursday,

March 5,20{5

11:00am

6.

The

concessionaire

shall be

required

to

pay

all taxes

applicable

to the operation

of

the

BMX

racing

facility.

Gross

receipts shall exclude the amount

of

any federal,

state,

or

county

sales

taxes

which are

paid

by the concessionaire.

10


11/15

City of Kingston Purchasing

Department

RFP#:

K15-05

Operation

of the Bicycle

Motocross Facility

at Kingston

Point Park

Thursday,

March 5,2015

11:00am

SUBMIT

ALL

QUESTIONS PERTAINING TO

THIS

RFP

lN WRITING NO

LATER THAN

4:00 PM Tuesday, February

17,2015

Please

use this form and

email

questions

to

Brian Woltman

at

[email protected]

all substantive

questions

will

be responded

to

in

the

form

of an addendum

no later

than Monday February

23,2015.

Datel

Gompany

Namel

Gontact Namel

Telephone

Numberl

Fax

Numberl

E-mail:


12/15

Gity

of Kingston Purchasing Department

RFP#: K{5-05

Operation of the Bicycle Motocross Facility at Kingston Point

Park

Thursday, March 5,2015

11:00am

PLEASE

RETURN

THE FOLLOWING

SHEETS

WITH

YOUR

PROPOSAL


13/15

City

of

Kingston Purchasing

Department

RFP#:

K15-05

Operation of

the Bicycle Motocross

Facility

at Kingston Point Park

Thursday,

March

5,2015

11:00am

INFORMATION

SHEET

NAME

OF PROPOSER:

ADDRESS:

TYPE

OF

ENTITY

Co.p.

Individual

LLC

If

a

non

publicly

owned Corporation:

NAME

OF

CORPORATION:

List

Principal

Stockholders

(holding

over

5% of outstanding

shares)

LIST

OFFICERS:

LIST DIRECTORS:

DATE

OF

ORGANIZATION:

If

a

partnership:

PARTNERS:

NAME

OF

PARTNERSHIP

DATE

OF

ORGANIZATION

*

If

the business

is

conducted

under

an assumed

name,

a

copy

of

the

certificate

required

to

be

filed

under the New

York

General

Business

Law

must

be attached.


14/15

Gity

of

Kingston Purchasing Department

RFP#:

K15-05

Operation

of the

Bicycle

Motocross

Facility

at Kingston Point Park

Thursday, March 5,2015

11:00am

AFFIDAVIT OF NON.COLLUSION

NAME OF RESPONDER

BUSINESS

ADDRESS:

I hereby attest that I

am the

person

responsible within my firm for the final

decision

as

to

the

prioes(s)

and

amount of

this

proposal

or, if

not, that I have written authorization, enclosed herewith, from that

person

to

make the statements set out

below on his or her behalf and on behalf of my firm.

I

further

attest that:

1.

The

price(s)

and

amount of

this

proposal

have

been arrived at independently,

without

consultation,

communication or agreement

for

the

purpose

of restricting competition

with any

other oontractor,

responder

or

potential

responder.

2.

Neither

the

price(s),

nor

the

amount

of

this

proposal,

have

been

disclosed

to

any other

firm

3r

person

who is a responder or potential

responder on

this

project, and

will not

be so

disclosed

prior

to

proposal

opening.

3. No attempt has

been made or will

be

made

to

solicit,

cause

or induce

any

firm or

person

to

refrain

from

responding

to

this

RFP, or

to

submit

a

proposal

higher

than the

proposal

of this firm, or any intentionally

high or non-competitive

proposal

or

other

form

of complementary

proposal.

4. The

proposal

of my firm is made in

good

faith

and not

pursuant

to any agreement or discussicn with, or

inducement from

any firm or

person

to submit a complementary

proposal.

5.

My

firm has not offered

or entered into a subcontract or agreement regarding

the

purchase

of materials

or services from

any

other

firm or

person,

or offered,

promised

or

paid

cash or

anything of value

to any

firm or

person,

whether

in connection with

this

or any

other

project,

in

consideration for an agreement or

promise

by an firm

or

person

to refrain

from

responding

to this

RFP

or

to

submit

a

complementary

proposal

on

this

project.

6.

My

firm has

not

accepted

or

been

promised

any subcontract or agreement regarding the

sale

of

materials

or

services

to

any firm

or

person,

and has not

been

promised

or

paid

cash

or

anything of

value

by

any

firm or

person,

whether in

connection with this or any

project,

in consideration for my firm's

submitting a complementary proposal,

or

agreeing

to

do so, on

this

project.

7.

I have

made

a diligent inquiry of all

members, officers, employees,

and

agents of

my firm

with

responsibilities

relating

to the

preparation,

approval or submission of my firm's

proposal

on tl'is

project

and

have

been advised

by each of

them

that he

or

she has not

participated

in

any communication,

consultation, discussion,

agreement,

collusion,

act

or other

conduct

inconsistent

with

any of the

statements and

representations made in

this affidavit.

8,

By

submission

of

this

proposal,

I certify

that

I have

read, am

familiar

with, and will

comply with

any

and

all segments

of

these specifications.

The

person

signing

this

proposal,

under the

penalties

of

perjury,

affirms the

truth

thereof

Signature & Company Position

Print

Name & Company

Position

Company

Name

Date

Signed Federal

l.D.

Number


15/15

RFP#:

K15-05

REFERENCE SHEET

All Proposers

shall be required

to

complete this form

providing

three

(3)

references

of

past

performance.

References should

involve

projects

and/or service situations of

similar

size and

scope to this RFP.

References must have had dealings

with

the

proposer

within

the

last

thirfy-six

(36)

months. The City reserves

the

right to

contact any or

all of

the

references

supplied

for an

evaluation

of

past performance

in

order

to

establish the

responsibility of

the

proposer

before the

actual award

of

the RFP and/or contract.

Completion of

the reference

form

is required.

PROPOSER'S NAME:

DATE FILED

Proposer's

Address:

Reference's

Name

Address:

Telephone

Reference's

Name:

Contact Person:

Address:

Telephone

Reference's

Name:

Contact Person:

Address

Telephone:

Contact Person:

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