INVITATIONI FOR REQUESTFORI PROPOSAL  SUGARNOTCH BOROUGH  I.  TYPES OF SERVICES REOUIRED  The Borough of Sugar Notch requires professional service and advice with the following project: Sugar Notch Borough Sanitary Sewer Improvement Project. The project involves engineering and surveying for connecting three residences on Broadhead. Avenue that currently have on-lot sewage disposal systems. The connectivity willl be achieved by installing a new gravity seweri main in Broadhead Avenue resulting in an extended sewer: system and establishing future connections. The existing public sanitary sewer system will be extended to connect nine residential propertiesi in the Oak Street andl Maffett Street intersection as well as thel Freed Street and Maffett street intersections, which will include construction ofr new mains, manholes, laterals, restoration of the work area and a sewage pump station. The Extended public sewer system will provide for future development of privately owned properties east of Freed Street to connect to the Borough system resulting in additional revenues fort thel Borough: fort the operation and maintenance oft the sewer system. INFORMATION REQUIREDI ROMINTERESTEDFRMS  II.  The Borough of Sugar Notch Borough is pleased to invite your firm to submit a written Proposal for this project. Attached hereto is Form P/A-I(a), Professional Advice Questionnaire for Architect/Engineer, to assist you in preparing your Proposal. The Borough of Sugar Notch shall negotiate a contract with the firm that submits the most advantageous proposal, for necessary services, at compensation which the Borough determines to be fair and reasonable. Should the Borough be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, the Borough shall then undertake negotiations with the second most qualified firm.  Information shall include the following:  1. 2.  Firm's method of approach for furnishing the required services.  The firm's statement of qualifications, profile, and performance regarding the proposed contract. (See attached Professional Advice Questionnaire for  Architect/Engineer.)  Interested firms shall address and submit their Proposal to:  Sean W. Logsdon, Esq., 85 Drasher Rd., Drums, PA, 18222, no later than 1:00 PM, prevailing  time, August 2, 2023.    III. COMPENSATION  The Borough will negotiate a fixed fee for all services to be provided by the firm in connection with the project. Iti is expressly understood that failure to negotiate for services as established above, will disqualify the firm's Proposal.  IV. FACTORS FOR EVALUATION  Each Proposal received from interested firms shall be reviewed by the Municipality, and ifr necessary, the firm will be invited to be interviewed, should additional information be necessary. This information will then be evaluated by utilizing the attached Evaluation Criteria Form, and will be scored. The responsible firm, whose credentials will be most advantageous to the Municipality, will be  considered in negotiations.  The contract will be awarded on : August2.2023  The Borough of Sugar Notch is an Equal Opportunity Employer.    N 6        3        PROVISIONS TO BE INCLUDED INCONSULTANT AGREEMENT  EXIDBITA  CONTRACTS FOR PROFESSIONAL SERVICES GENERAL TERMS AND CONDITIONS  1. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to: fulfilli in timely and proper manner his obligations under this Contract, ori ifthe Contractor shall violate any oft the covenants, agreements or stipulations of this Contract, the Publicl Body shallt thereupon havet the right tot terminate this Contract by giving written notice to the Contractor ofsucht termination ands specifying the effective date thereof, at least: five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor under this Contract shall, att the option oft the Public Body, become its property andt the Contractor shall be entitled toi receive just and equitable compensation for any satisfactory work completed Notwithstanding the above, the Contractor shall not be relieved of liability to the Public Body for damages sustained by the Publicl Body by virtue ofany breach oft the Contract by the Contractor, andt the Public) Body may withhold any payments tot the Contractor for thep purpose ofs setoff until such time as the exact amount of damages due thel Public Body from the Contractor is determined. 2. Termination for Convenience ofPublic Body. Thel Public Body may terminate this Contract any time by a notice in writing from the Public Body tot the Contractor. Ift the Contracti ist terminated by thel Public Body as provided herein, the Contractor will bej paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments ofcompensation; previously made; provided, however, thati ifl less thans sixty percent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered! by this Contract. Ifthis Contract ist terminated duet tot thei fault oft the Contractor, Section 1 hereofrelative tot termination 3. Changes. Thel Public Body may, from time tot time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Public Body and the Contractor, shall be incorporated in written amendments to this 4. Compliance with Local Laws. The Contractor shall comply with all applicable laws, ordinances, and codes ofthe State and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by 5. Assignability. The Contractor shall not assign any interesti in this Contract, and shall nott transfer any interest in the same (whether by assignment or novation)without the prior written approval of the Publicl Body; provided, however, that claims for money due or tol become due tlle Contractor from the Public Body under this Contract may be assigned to a bank, Trust Company, oro other financial institution. or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished 6. Audit. Thel Publicl Body, thel DepartmentorHousing and Urban) Development, theHUDOffice of Inspector@eneral,te Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to a specific grant program for thej purpose of 7. "Section 3" Compliance int the Provision ofTraining, Employment and Business Opportunities. This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u) as amended. the  on such documents.  shall apply.  Contract. this Contract.  promptly to the Public Body.  making audit, examination, excerpts, and transcriptions.  Page Iof4    HUD regulationsi issued pursuant thereto at 24 CFRI Part 135, and any applicable rules and orders of HUD issued thereunder prior to the execution of this Agreement. The Section 3 clause, set forth in 24 CFR, 135.20(b) provides: "Every applicant, recipient, contracting party, contractor; and subcontractor shall incorporate, or cause to be incorporated, in all contracts for work in  connection with a Section. 3 covered project, the following clause (referred to as a Section 3 clause):  A.  Thes work 10 be performedunder this contract is on aproject assistedu lunderap program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 ofthe Housing and Community Development Act of 1968, as amended, 12 US. C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awardedtob business concerns which are locatedi in or ownedi in substantial part by, persons residing within the unit of local government or the metropolitan area (or non-metropolitan couly), as determined by the The parties to thec contract will comply withi the provisions ofsaid Section. 30 and the regulations issued pursuant thereto by the Secretary of Housing and Urban. Development. sel) forth in 24 CFR, and all applicable rules and orders oft the Department issued thereunder prior to the execution oft this contract. The parties lo this contractcertify and agree that they are under no contractual or other disabilily which wouldy prevent them. from The Contractor wills send to eachi labor organization ori representative. of workers with which/ he has acollective bargaining agreement or other contract or understanding, ifany, ai notice advising thes saidl labor organization or workers= representative of his commitments under this Section. 3 clause andshally post copies ofthei noticei in The Consultant willi include this Section. 3 clause in every subcontract for work in connection with the project and will, at the direction ofthe applicant or recipient ofFederal) financial assistance, take appropriate action pursuant to the subcontract upon) finding that the subcontractor is in violation ofregulations issued by the Secretary of Housing and Urban. Development, 24 CFR----. The Consultant will not. subcontract with any subcontractor where it has notice or knowledge thatt the latter has beenj foundi in violationofregulations under 24CFR and will not let anys subcontract: unless the subcontractor has first provided it with a preliminary Compliance with the provisions ofA Section 3, the regulations set forth in 24CFR ----. and all applicable rules and orders of the Department issued thereunder prior toi the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as  Secretary, in which the project is located.  B.  complying with these requirements.  C.  conspicuous places available to employees and applicants for employment or training.  D.  statement of ability to comply with the requirements oft these regulations.  E.  assistance, its  and assigns. Failure to. fulfill these requirements shall subject the applicant or  are specifedby24CFR. Part 135."  The Contractor agrees to abide by the Section 3 clause set forth above: and will also cause this Section 3 clause to be inserted in any  subcontracts entered into with third parties for work covered by this agreement.  8. Equal Employmento Opportunity for Activities and Contracts: nots subject tol ExecutiveOrder 11246, as amended. Inc carrying out thej program, the Contractor shall not discriminate against any employce or applicant for employment because ofrace, color, religion, sex, national origin, age, disability, or familial status. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regardto their race, color, religion, sex, national origin, age, disability, or familial status. Such action shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall  post in conspicuous places, available to  Page 2of4    employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, disability, or familial status. The Contractor shall incorporate the foregoing requirements oft this paragraph in all subcontracts for program work. 9. Compliance with Air and Water Acts. This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to The Contractor and any of its subcontractors for work funded under this Agreement in excess of $100,000 agree to the  time.  following requirements: I) 2)  As stipulation by the Contractor ors subcontractors that any facility tol be utilized int thej performance ofany nonexempt contract ors subcontract ist not listed ont thel List ofViolation Facilities issued! by thel Environmental: Protection. Agency Agreement by the Contractor to comply with all the requirements of Section 114 oft the Clean Air Act, as amended, (42USC 1857c-8) and Section 308 oft thel Federal Water Pollution Control Act, as amended, (33USC 1318)relating toi inspection, monitoring, entry, reports, andi information, as well as all other requirements specified in said Section As stipulation that as a condition for the: award oft the contract, promptr notice will bes given of any notification received fromt thel Director, Office ofl Federal Activities, EPA, indicating that ai facility utilized or tob be utilized fort the contract Agreement by the Contractor that will include or cause to be included the criteria and requirements in paragraph (1)through (4)oft this section ine every, nonexempt subcontract and requiring thatt the Contractor willt takes such action Ini no event shall any amount oft the assistance provided under this Agreement be utilized with respect toa facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water 10. Interest of Certain Federal Officials. No member of or Delegate to the Congress of the United States. and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from 11. Interest of Members, Officers, or Employees of Public Body, Member of Local Governing Body, or Other Public Officials. No member, officer or employee of the Public Body, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his tenure ori for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work 12. Prohibition Against Payments of Bonus or Commission. The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I oft the Housing and Community Development Act of1974 or HUD regulations with respect thereto; provided. however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited ifotherwise eligible as program costs.  (EPA) pursuant to 40 CFR 15.20.  114 and Section 308, and all regulations and guidelines thereunder. ist under consideration tol be listed ont thel EPA List of Violating Facilities. ast the Government may direct as a means of enforcing such provisions.  3) 4)  Pollution Control Act. the same.  tol bej performed in connection with the program assisted undert this Agreement.  Page 3 of4    13. American with Disabilities Act. The contractor is hereby made aware that any building or facility (other than privately owned residential structure) designed, constructed, or altered with funds made available under the Community Development Block Grant Program, shall comply with the requirements of the American with 14. National Flood Insurance Program. The contractor is hereby made aware that projects assisted through the CommunityDevelopmentblockOrantProgramshallcomplywiththeFederalDisasterPolectionActof1975. UndertheAct,no rederalAgencyoroficsnalapproveany mamcialasistunceloracguistionorconinicion posiadefaedimderiction 3@)ofthesaidAct, ona andafterJuly] I, 1975, (oroney yeara aftera communityl has beeni formally: notifiedo ofitsi identification: asa community contained in an area ofs special flood] hazard, whicheveri isl later): for usei in any areai that has been identifiedby the Secretary ofHousing and Urban Development as an areal having special flood! hazardsi unless the community in whichs sucha an areai is 15. Retention of Records. Financial records, supporting documents, statistical records, the environmental review records required by 24 CFR 58.11, and all other records pertinent to the grant program shall be retained by the recipient 16. Reasonable Compensation tol Employees. Noj person employed by the Contractor for personal services under this contract shall receive more than a reasonable rate of compensation, which in any event on a daily basis shall not exceed the maximum daily rate ofc compensation for GS-18 as established by federal law. Ifan audit ori monitoring review indicates that the rates of compensation paid to any person working under this contract were notr reasonable ore exceeded thei maximum daily rate: for a GS-18, the Public Body shall be entitled to recapture the unreasonable 17. Energy Efficiency Standards. The Contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the  Disabilities Act of1990 and Section 504 oft thel Rehabilitation Act of1973.  situated is then participating in thel National Flood Insurance Program.  fora ap period of four years from the date oft the submission ofthe annualj performancereport.  portion of the daily rate or such amount which exceeds the GS-18 daily rate.  Energy Policy and Conservation Act (P.L.94-163).  Page 4 of4