Rfp 2008-45 Restaurant Concessionaire

City of Allentown Memorandum

TO:

Geoffrey Wambold - Golf Course Manager

FROM:

Mary Eflen Koval, Purchasing Agent

DATE:

November 25, 2008

tf\ct/(lfi)

SUBJECT: RFP NO. 2008-45, Restaurant Concessionaire: Allentown Municipal Golf Course

Name, Address and

Name, Address and

Phone Number

Phone Number

Fegley Enterprises II Inc.

WCI, Inc. T/A Sand Trappe Grille

812 W Hamilton Street

Allentown PA 18104

Allentown PA 18101

610-395-1585

Artn: Jeff C. Fegley

610-433-7777

218 N 381" Street

MARY ELLEN KOVAL Purchasing Agent Department of Finance and Human Resources 610.437.7624 Fax 610.437.7618 [email protected]

Allentown

November 18, 2008

ADDENDUM NO. 1

RFP NO.

2008-45 Restaurant Concessionaire: Allentown Municipal Golf Course

RFP OPENING DATE:

TUESDAY, NOVEMBER 25, 2008 AT 4:00 P.M.

THE PROVISIONS OF THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ALL OTHER CONTRACT DOCUMENTS WHENEVER THEY CONFLICT.

Answers to questions

Q. A copy of the detailed drawing of the entire Golf Building Restaurant Expansion. R. The drawings are being mailed on a CD in Adobe file format. There are twentyfour (24) drawings. Full scale drawings will also be available for viewing at the Allentown Municipal Golf Course Pro Shop from 9:00 am to 5:00 pm daily.

Q. The historical rent paid and revenue information for the existing business was requested. R. An Excel file is attached listing the yearly rent and income for 2005, 2006, 2007, and 2008 year to date.

Q. Historical utility bills have been requested. R.

PPL will not provide information on this account to the City as the account is listed in the current vendor's name.

City Hall

435 Hamilton Street

An Equal Opportunity Employer

Allentown, PA 18101-1699

Hearing Impaired -TTY 610.437.7551

Printed on Recycled Paper

Q. Confirmation that the Landlord (City of Allentown) will handle all code compliance and insure that the space will be ready or will work to correct all code issues during the renovation stage. Clarify that building code costs will be part of the landlord fit out and not an expense to the future business tenant (Concessionaire). R. The

City will

provide

code compliance

but will

need

drawings

of the

Concessionaire's plans for renovation to determine costs.

Q. With the additional anticipated customer draw of a new concessionaire, does the city already have or can it guarantee additional parking for this growth. The busiest times for the Golf Course happen to also be the busiest time for restaurants. There will be an increase in customer parking, people who are coming specifically to the new restaurant. Rough numbers would be about thirty (30) new spaces for a full restaurant of seventy-five (75) people. R. Parking lot expansion is expected to be completed by April 2009 with an additional forty (40) spaces anticipated.

Q. Confirmation that the ground level storage area will be include in the lease. Specifically, the partially finished space with VCT tile and drywall below the pro shop, as well as the ability to expand into the other basement area that is currently storing lawn equipment. R.

At the outset the lower area is used as small equipment storage. The right side can be used for a walk-in cooler or freezer with the dimensions to be negotiated.

Q. Is the cooking gas propane or natural gas and who pays for this? What is the payment history? R. Gas is propane paid by the Concessionaire. Usage in 2007 was 1,292.4 gallons

for a total of $3,776.79. Usage to date for 2008 is 1,179.8 gallons for a total of $3,756.38. Q. Will the Concessionaire be permitted to serve food and beverage on the existing covered porch in front? R. The porch can only be used as a customer thruway. Serving food in this area

would interfere with golfer flow to the pro shop. The City will allow food to be

served on off ours, i.e., after 6:00 PM in summer months.

Mary 'ECUn %gval Mary Ellen Koval Purchasing Agent Please sign the receipt below acknowledging the Addendum and return to the City of

City Hall

435 Hamilton Street

Allentown, PA 18101-1699

An Equal Opportunity Employer Hearing Impaired - TTY 610.437.7551 Printed on Recycled Paper

Allentown for inclusion in the RFP file prior to the opening date and time. Please sign, date and return via FAX to 610-437-7618, email to [email protected] or mail to the City of Allentown, Room 234, 435 Hamilton Street, Allentown, PA 18101 as receipt of Addendum #1 for RFP 2008-45. Company/Organization

Signature

Title

Date

City Hall

435 Hamilton Street

An Equal Opportunity Employer

Allentown, PA 18101-1699

Hearing Impaired - TTY 610.437.7551 Printed on Recycled Paper

CITY OF ALLENTOWN

RESTAURANT CONCESSIONAIRE: ALLENTOWN MUNICIPAL GOLF COURSE

REQUEST FOR PROPOSAL

RFP NO. 2008-45

RESPOND NO LATER THAN:

TUESDAY, NOVEMBER 25, 2008 at 4:00 PM

PROCEDURAL INQUIRIES

TECHNICAL INQUIRIES

Mary Ellen Koval

Jeff Warn bold

Purchasing Agent

Allentown Municipal Golf Course

City of Allentown

3400 Tilghman Street

435 Hamilton Street Allentown, PA 18101 Phone - 610-437-7624 Fax-610-437-7618

Allentown, PA 18104 Phone - 610-395-9926 Fax - 610-395-9164

RFP #2008-45

Restaurant Concessionaire: Allentown Municipal Golf Course I.

GENERAL INFORMATION A.

Purpose

The City of Allentown seeks proposals for a qualified restaurateur/caterer/food service provider (herein referred to as contractor) to operate the restaurant at the Municipal Golf Course, 3400 Tilghman Street, Allentown, PA 18104. B.

Proposal Submission

1.

Five (5) copies of the sealed proposal must be submitted no later than

4:00 p.m. on Tuesday, November 25, 2008.

2.

Mail or hand deliver to:

3.

Envelope(s) must be marked prominently on the outside "RFP #200845, Allentown Municipal Golf Course Restaurant Concessionaire".

4.

Proposals must be mailed or hand delivered. No faxed proposals will

5. 6. 7.

City of Allentown Bureau of Purchasing, Room 234 435 Hamilton Street Allentown, PA 18101-1699

be accepted.

Proposals will be handled confidentially by the City during the pre-

award process.

Proposals shall be binding for a period of sixty (60) days from the due

date for submission.

Terms offered in proposals will be firm and not subject to change during the term of the contractual agreement arising between the City of Allentown and the successful proposer as a result of this Request

for Proposals (RFP).

8.

9.

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

Proposals must be written in ink or typewritten and shall be submitted

on the form issued. Unsigned bids will not be accepted. No bid may be considered if received after the time shown in Section I.B.1.

RFP #2008-45

Restaurant Concessionaire: Allentown Municipal Golf Course

Contractors are expected to examine all instructions, specifications, drawings, sites and installations. Failure to do so will be at the contractor's risk. Erasures or other changes must be initialed by the

person signing the bid. 10.

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 debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the City or had failed to perform faithfully any previous contract with the City.

11.

The City reserves the right to reject any and all proposals, to request additional information from any proposer and to waive informalities

and minor irregularities in offers received.

12.

C.

The City reserves the right to negotiate with proposers to establish variations from the original proposal(s), including proposed cost, which may be in the best interest of the City.

QUESTIONS

Any questions regarding this Request for Proposal should be directed in writing or via email to [email protected] by, Wednesday, November 12,2008. Inquiries received after Wednesday, November 12,2008, will not receive responses. Technical questions should be clearly marked for Jeff Wambold, Golf course Manager, Allentown Municipal Golf Course and procedural questions should be directed to Mary Ellen Koval, Purchasing Agent. Responses to questions will be issued in the form of an Addendum by Monday, November 17, 2008.

D.

SITE VISIT

All bidders must visit the site to familiarize themselves with the facility. Questions posed at this site visit will be answered through an addendum to this Request for Proposal. A mandatory site visit is scheduled for 9:00 am on Friday. November 7.2008. at the Allentown Municipal Golf Course Restaurant (Sand Trap Grille), 3400 Tilghman Street, Allentown, PA 18104. E.

Definition

Wherever the word "Contractor or "Contract Documents" is used, it shall mean and include this contract, advertisement for Request for Proposals,

RFP #2008-45

Restaurant Concessionaire: Allentown Municipal Golf Course

information for proposers, proposal, contract provisions, specifications, plans, agreement, bond and addenda. F.

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 Request for Proposals, 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 an indebtedness. Any purchases contrary to these provisions and authorities shall be void and the City shall not be bound thereby.

G.

Equal Opportunity

The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin or handicap. The Contractor will take affirmative action to ensure that applications are employed without regard to race, color, religion, sex, age, handicap, or national origin. Contractors will take steps to insure employees are treated during employment without regard to race, color, religion, sex, age, handicap or national origin. 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. H.

Indemnification

1.

The Contractor shall assume all risks and responsibilities for casualties of every description in connection with the work, except that he/she 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 through the trade, or by freight embargoes not caused or participated in by the Contractor.

2.

The Contractor shall alone be liable and responsible for, and shall pay any and all loss or damage sustained by any person or party either

RFP #2008-45

Restaurant Concessionaire: Allentown Municipal Golf Course

during the performance 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/she shall assume the defense of and indemnify and hold harmless the City, its officers and agents, and employees from and against any and all claims, demands, actions, suits and proceedings by others and against all liability, both negligent and non-negligent, arising

directly or indirectly out of the actions of the Contractor in his/her performance of this contract.

I.

Insurance

1.

The Contractor, prior to commencing work, shall provide at his/her own expense, the following insurance to the City of Allentown, evidenced by certificates of insurance. Each certificate shall require that notice be given, thirty (30) days prior to cancellation or material change in the policies, to the Department of Finance, Risk Manager. 1.1

Workers' Compensation including Occupational Disease and Employer's Liability Insurance.

a.

b.

Statutory - Amounts and coverage as required by Pennsylvania Workmen's Compensation and Occupational Disease Laws. Employer's Liability - $100,000 each accident, $100,000 each occurrence.

1.2

Liability

The Contractor shall maintain a Commercial General Liability Insurance policy using an occurrence form of coverage. (Use of a "claims-made" form will require an additional coverage provision.) Required coverage forms include: 5

RFP #2008-45

Restaurant Concessionaire: Allentown Municipal Golf Course

a.

Comprehensive;

b.

Premises - Operations;

c.

Products - Completed Operations;

d.

Contractual; and

e.

Independent Contractor and Subcontractor.

The General Liability policy shall have a minimum limit of

liability of One Million ($1,000,000.00) Dollars per occurrence. 1.3

1.4

Automobile liability coverage with minimum combined single limits of $300,000 per occurrence. This insurance shall include bodily injury and property damage for the following coverage: a.

owned

b.

non-owned

c.

hired vehicles

The Contractor shall maintain Fire Legal Liability insurance with limits which are acceptable to the City of Allentown's Risk Manager.

1.5

The Contractor shall obtain a minimum aggregate limit of $2,000,000. The additional limits above the General Liability and Automobile Liability policies (required above) may be provided by Excess and/or Umbrella Liability policies.

2.

All policies shall name the City of Allentown, its officers, agents, and

employees as additional insured. This coverage shall be reflected on the Certificates of Insurance.

3.

The Contractor shall provide coverage to protect the City for liability under any dramshop act, regulation, or ordinance and/or alcoholic beverage control laws. This policy shall have a bodily injury and property damage combined limit of liability of One Million (S1,000,000)

RFP #2008-45

Restaurant Concessionaire: Allentown Municipal Golf Course

Dollars minimum.

(Coverage may be included with the General

Liability policy limit.) J.

Subcontractors

No portion of the work shall be sublet without the approval of the City and no Subcontractor shall be employed unless, in the opinion of the Department of Community Development, he/she is reliable, responsible and competent to do the work in accordance with the plans and specifications. The names of all Subcontractors proposed to be used shall be submitted in writing to the Department of Community Development before such work is started. Contractor may not award more than fifty (50) percent of the work unless approved in writing by the City K.

Termination

In case of default by the Contractor, the City may terminate the contract and procure the services from other sources and hold the Contractor responsible for any excess costs occasioned thereby. If the Contractor is adjudged a bankrupt, or if he'/she makes a general assignment for the benefit of his/her creditors, or if a receiver is appointed on account of his insolvency, or if he/she persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he/she fails to make prompt payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of substantial violation of a provision of the contract documents, then the City may, without prejudice to any right or remedy and after giving the Contractor and his/her surety, if any, seven days written notice, terminate the contract of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the work by whatever method he/she may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the Contractor shall breach any of the terms of the contract or regulations adopted by the City and fails to correct the conditions within ten (10) days, the City may terminate the contract upon written notice.

RFP #2008-45

Restaurant Concessionaire: Allentown Municipal Golf Course

L.

Contractor Treatment of Public

Contractor shall use its best efforts to ensure that its work force is courteous to members of the public encountered during work under this contract. In the event of violation of this provision, the City shall in its discretion have the

right to require the Contractor to remedy the problem and prevent future violations by disciplining the offending employee or employees up to and including removing the employee from work under this contract and to withhold payment under this contract until such employee or employees have been removed. M.

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 order to decrees which have been promulgated and enacted, by any legal bodies or tribunals having authority or jurisdiction over the work, materials, employees or contract. The Contractor shall be responsible for, shall register and obtain all licenses or permits that may be required in the execution of the contract, unless otherwise specified therein, including Business Tax Licenses. No contractor may commence work until such licenses or permits have been acquired by the contractor. Any applicable City of Allentown permit fees will be waived for this contract. All practices, materials and equipment shall comply with the Federal Occupational Safety and Health Act, as well as any pertinent Federal, State and/or Local Safety or Environmental Codes. N.

Bonds

The Contractor shall provide a Performance Bond in the amount of Twenty Thousand Dollars ($20,000) to remain in effect for the life of the contract.

O.

Resident Preference

For the purposes of this section, "Resident Business" means one which maintains its principal place of business in the City of Allentown or maintains an office which employs at least five (5) employees in the City of Allentown. When bids are received from both nonresident and resident businesses, or for a product manufactured in Allentown or manufactured by an entity a

RFP #2008-45

Restaurant Concessionaire: Allentown Municipal Golf Course

headquartered in Allentown, and products which are not, and the lowest responsive bid is from a nonresident business, or not manufactured in Allentown or by an entity headquartered in Allentown, the contract shall be awarded to the responsible resident business or product manufactured in Allentown or manufactured by an entity headquartered in Allentown, whose responsible bid is nearest to the bid price of the otherwise low nonresident bidder, if the bid price of the resident bidder is made lower than the bid price of such nonresident business when multiplied by a factor of .95. In order to qualify for the preference set forth above, the resident business or manufacturer must be properly licensed to do business in the City of Allentown and in compliance with all City Ordinances and regulations.

This section shall not apply to bids for the construction of public improvements in excess of $50,000, or where the difference between the lowest nonresident bid and the lowest resident bid is in excess of $2,500, or where otherwise prohibited by law or state or federal regulation. P.

Contractor Liability

Each contractor is required to be in compliance with the City of Allentown local tax requirements. Accordingly, each contractor shall register for and obtain a business privilege tax license, prior to the award of this contract. Each contractor shall have on file in the office of the purchasing agent prior to bid opening, a contractor's statement dated not earlier than January first

(1 st) of the current year certifying that the contractor has met all of its City of Allentown local tax requirements. Forms are available at the office of the Department of Finance, Bureau of Tax and Utility Systems, Room 215, City Hall, 435 Hamilton Street, Allentown, PA 18101. Failure to have a current contractor's statement on file in the office of the purchasing agent at the time of bid opening may be cause for the rejection of the contractor's proposal.

Call Ms. Sharon Lambert, Tax and Utility Systems Manager, 610-437-8786, if you have any questions regarding Tax Certification Form Page F in the proposal package.

RFP #2008-45

Restaurant Concessionaire: Allentown Municipal Golf Course Q-

Examination of Plans. Site and Transportation

Contractors are required to submit their proposals upon the following

conditions:

The contractor shall make a personal examination of the site in order to acquaint himself with the conditions under which he will be obligated to work.

The contractor shall make all the investigations necessary to inform him thoroughly regarding the facility for the delivery of materials and equipment as may be required for operation.

No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under examinations and investigations, will be accepted as an excuse for any failure or omission on the part of the contractor to fulfill in every detail all the requirements of the proposal, or will be accepted as a basis for any claims

whatsoever for extra compensation. II.

BACKGROUND

The City of Allentown owns an 18-hole golf course in the extreme western section of the City (3400 Tilghman Street). Over the past few years, the golf course has averaged 48,000 rounds of golf per year. The City is continuing to make renovations to the golf course. The cart paths have been resurfaced, the restrooms

are being renovated and the driving range is being improved to allow for use during inclement weather.

III.

QUALIFICATIONS

A. B.

C.

Contractor must be eligible and qualified to hold a Municipal Golf Course Restaurant Liquor License issued by the Commonwealth of Pennsylvania. Contractor must be actively engaged in the type of work or service called for

in the proposal.

Contractor must have five (5) years experience with any contract item listed in the proposal. Contractor shall provide to the City, in writing, evidence of their experience and familiarity with the work specified, and the financial ability to prosecute properly the proposed work. The evidence requested, without being limited, should include the following; 10

RFP #2008-45

Restaurant Concessionaire: Allentown Municipal Golf Course

1.

The contractor's performance record with listing of work of a similar character and proportions in restaurant operation and

provide names and phone numbers of clients or operators who may be contacted as references.

2.

An itemized list of the contractor's equipment available for use on the proposed contract.

3.

IV.

Such additional information as will satisfy the City that the Contractor is adequately prepared to fulfill the contract.

SCOPE OF WORK

A.

The term of this lease shall be for three (3) years with two (2) one (1) year optional renewals. The lease year is defined as January 1 through December 31. It is to be clear the option is not automatic and the City can choose not to renew for the additional years.

B.

It shall be specifically understood and agreed that the resulting contract shall in no way be construed as creating an employer-employee relationship between the City and the contractor or between the City and those hired by the contractor on behalf of himself/herself and any of his/her employees waives any claims that may arise because of any alleged employeremployee relationship, including but not limited to such matters a pension rights, social security rights, insurance rights, etc.

C.

The City shall provide and pay for heat, water/sewer, and fire insurance on the building but not the contents, with all other utilities to be paid by the Contractor (such as electricity).

D.

Maintenance of the facility, including heat and air conditioning and the alarm system will be provided by the City.

E.

The Contractor shall provide all kitchen/dining room equipment (including furniture) and staff. Maintenance of said equipment will be the responsibility of the contractor. The City shall approve any equipment changes made during the contract period.

F.

Hours of operation are daily, no later than 6:00 A.M. to 10:00 P.M., March through October, and during January, February, November and December as mutually agreed upon. A five hundred ($500.00) dollar per day penalty U

RFP #2008-45 Restaurant Concessionaire: Allentown Municipal Golf Course

will be charged to the Contractor for each and every day that these hours are not observed March through October. G.

The contractor shall supply uniforms for all restaurant workers identifying them as their employees

H.

Restaurant operation shall at all times conform to all rules and regulations issued by the City's Bureau of Health as well.as any other agency regulating such establishments. All licenses shall be secured and paid for by the Contractor.

I.

The Contractor shall submit with the proposal a catering menu with pricing for tournaments. The number of tournament players throughout the season is estimated between 1000 and 1200 people.

J.

All facilities used by the Contractor shall be subject to inspection and approval by the City.

K.

Alcoholic Beverages

The Contractor shall maintain a Dramshop (Liquor) Liability Policy to cover exposures from the sale of alcoholic beverages as approved by the City or any other agency regulating this matter (please see I.H.3). The Contractor shall obtain all necessary bonds, approvals, and authorizations for the serving of alcoholic beverages. Cost of the "Municipal Golf Course License" shall be borne by the Contractor.

The license cannot be transferred, removed or relinquished without the approval of the City. If the Contractor should lose his/her approval, or have it suspended for a period in excess of thirty (30) days, the contract shall be terminated.

Rules and regulations of the Pennsylvania Liquor Control Board (PLCB) for Sunday beer sales shall be adhered to throughout the contract period. Any violation of the PLCB rules and regulations shall be just cause of the termination of this agreement.

If for any reason the Pennsylvania Liquor Control Board (PLCB) should revoke approval to serve alcoholic beverages at the Clubhouse, the contract shall terminate with the City incurring no liability or responsibility for losses or damages whatsoever suffered by the Contractor. 12

RFP #2008-45

Restaurant Concessionaire: Allentown Municipal Golf Course

L.

Contractor must promptly pay all taxes and license fees as required by any agency regulating the operation.

M.

The City shall provide and pay for the legal collection and disposal of all garbage and refuse generated by the operation.

N.

Serving of Food

Contractor agrees to maintain a menu and shall include that menu and pricing information on the proposal page.

Contractor agrees to display to the public, the prices of all items offered for sale.

Contractor agrees to provide and operate a beverage cart on the golf course with days and hours to be mutually agreed upon;

Contractor may not place, or have placed, any vending machines on the premises. Machines may be placed in accordance with the City's vending contract.

The City will provide and operate the vending of food and beverage at the driving range. O.

Rent

The contractor is requested to detail the rent he/she is willing to pay during the life of the contract. Minimum Bid acceptable rent for the Year of 2009 will be Thirty-five Thousand Dollars ($35,000.00). P.

Improvements/Changes

1.

Contractor is requested to explain what amenities will be made to the restaurant and/or area on the proposal page.

2.

Contractor shall maintain or replace the wall-to-wall carpeting in the restaurant for the life of the lease as directed by the City.

RFP #2008-45

Restaurant Concessionaire: Allentown Municipal Golf Course

Q.

City Approval

The plans and specifications for any construction, repair, renovation or

modification of buildings, in such details as may be required by the City, shall be submitted to the City for its approval prior to commencement of any work and all such work shall be in accordance with such approved plans.

R.

Furnishing Statement of Gross Income

.

•

The Contractor shall provide to the City an income statement of all gross sales from all Golf Course Restaurant functions, including food and beverage. Reports are due in March, June, September and December, month ending.

The Contractor shall also submit to the City a written statement signed by Contractor and certified to be accurate by a certified public accountant, showing in detail the amount of gross income of the preceding year on or before the 60th day following the end of the lease year. S.

Recordkeepina

All sales shall be recorded by means of cash registers which publicly display the amount of each sale and automatically issue a customer's pre-numbered receipt. Cash registers shall have a dual tape system whereby there will be a continuous record kept of all transactions recorded and those records will be available to the City of Allentown for audit at any given time. Beginning and ending cash register readings shall be made a matter of daily records.

The Contractor shall maintain permanent bookkeeping and accounting records, audited by certified public accountants on an annual basis, subject when and if requested by the City to audit at any time. For the purpose of such audit, the City through its proper officers or designated agents, shall have the right to go on the premises at any time, with reasonable notice.

In accordance with PLCB requirements, all records shall be kept at the restaurant premises. Duplicate set of records shall be kept off site.

RFP #2008-45

Restaurant Concessionaire: Allentown Municipal Golf Course

T.

Award Criteria

The City will award based on the highest lump sum dollar offer. Minimum Bid

acceptable rent for the Year of 2009 will be Thirty-five Thousand Dollars ($35,000.00). No other alternative payment basis will be considered.

The award will be made to the responsible proposer whose proposal will be most advantageous to the City, price and other factors considered, such as: A.

rent to be paid;

B.

variety of foods to be served and pricing;

C.

catering menu and pricing;

D.

improvements/amenities to be made to/offered in the restaurant and/or area; and

E.

contractor's qualifications, personnel and organizational strengths, achievements and relevant experience.

PROPOSAL PAGE

CITY OF ALLENTOWN

RFP NO.

2008-45

PAGE Bl

PURCHASING DEPARTMENT 435 HAMILTON STREET

FIRM NAME:

ALLENTOWN, PA 18101-1699

TO:

The City of Allentown, Pennsylvania

The undersigned having examined the specifications, standard requirements and all other documents and being familiar with the various conditions under which these services and/or supplies are to be used, agrees to furnish all labor, material, tools, equipment and services called for in the bid, and to pay to the City a cash stipend in the amount of: A.

Rent:

2009 (Year 1) 2010 (Year 2)

2011 (Year 3) Option years: 2012 (Year 4)

2013 (Year 5)

B

Variety of foods to be served: Attach menu with pricing

C.

Attach a catering menu with pricing

D.

The proposer will make the following improvements/offer the following amenities to the restaurant and/or area: (Please list completion dates for improvements.) Use additional pages if necessary

PROPOSAL PAGE

CITY OF ALLENTOWN

RFP NO.

2008-45

PAGE B2

PURCHASING DEPARTMENT

435 HAMILTON STREET ALLENTOWN, PA 18101-1699

E.

FIRM NAME:

Please describe the qualifications, personnel and organizational strengths, achievements and relevant experience of the proposer.

The undersigned hereby certifies that this proposal is genuine and not sham, collusive, or fraudulent or made in the interest of or in behalf of any person, firm or corporation not herein named, and that the undersigned has not, directly or indirectly, induced or solicited any proposer to submit a sham bid or any other person, firm or corporation from bidding and that the undersigned has not, in any manner, sought by collusion to secure for himself any advantage over any other proposer. Company Name:

Address: Zip Code.

Signature: Name (Printed): Title:

Phone: Fax:

Email:

^___

CITY OF ALLENTOWN CONTRACTOR'S CERTIFICATION

NAME

ACCOUNT NO._

ADDRESS

FED ID#

[ ]

PAGEF

The Bureau of Tax and Utility Systems certifies that the contractor indicated above has paid

all of his taxes for the current year and has no outstanding liabilities. [ ]

For bidding purposes only. No tax liability exists at this time. However, if awarded this contract, the tax liability status must be reviewed.

[ ]

No tax liability exists.

Person completing this form

Date Completed

CITY OF ALLENTOWN CONTRACTOR'S CERTIFICATION NAME

ACCOUNT NO.

FED ID#

[ ] NEW APPLICATION (Have you ever done business in the City of Allentown?) If yes, when

[ ]

[ ]

{ J RENEWAL

[ [ [ [

] ] ] ]

Tax Liability Compliance (If applicable) BUSINESS LICENSE BP TAX EIT WITHHOLDING LST WITHHOLDING

The Bureau of Tax & Utility Systems certifies that the contractor indicated above has paid all of his taxes for the current year and has no outstanding liabilities. For bidding purposes only. No tax liability exists at this time. However, if awarded this contract, the tax liability status must be reviewed.

[ ]

No tax liability exists.

Person completing this form

Date Completed