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    WASTEWATER TREATMENT PLANT UPGRADES

    REQUEST FOR PROPOSALS

    PROJECT/CONSTRUCTION MANAGEMENT SERVICES

    CITY OF READING, PENNSYLVANIA

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    Table of Contents

    Proposal Submission............................................................................................................3Existing Wastewater Treatment Facilities and History .......................................................3Existing WWTP Flow Schematics and Layout ...................................................................5

    Consent Decree and Treatment Alternatives .......................................................................6Additional Considerations for WWTP Design ....................................................................7Sampling Plan and Plant Sampling Locations.....................................................................8Records Retention and Confidentiality................................................................................8Scope of Work .....................................................................................................................8Program Management..........................................................................................................9Construction Management.................................................................................................10Additional Services............................................................................................................13Proposal Requirements ......................................................................................................13Technical Proposal.............................................................................................................13Fee Proposal.......................................................................................................................14

    MBE/WBE Utilization.......................................................................................................15Proposal Submission..........................................................................................................15Proposal Schedule..............................................................................................................16Pre-Proposal Meeting.........................................................................................................16Individual Tours.................................................................................................................16Authorization of Invitation ................................................................................................16Preparation of Proposals ....................................................................................................17Modification or Withdrawal of Proposals..........................................................................17Right to Reject Proposals ..................................................................................................18Disposition of Proposals ....................................................................................................18Questions Regarding Specifications or Proposal Process .................................................18Minority and Women Business Enterprises.......................................................................19Equal Employment Opportunity.......................................................................................19Employment of Certain Persons Prohibited.......................................................................20Subcontracts.......................................................................................................................20Independent Proposal ........................................................................................................20Evaluation and Selection Process ......................................................................................20Execution of Contract .......................................................................................................21Contract Alterations or Modifications ...............................................................................21Manner of Payment............................................................................................................21Contract Termination.........................................................................................................22Rights upon Termination of Contract ...............................................................................22Dissemination of Information ...........................................................................................22Ownership and Use ...........................................................................................................22Insurance............................................................................................................................23Insurance Limits Requirements ........................................................................................23 Taxes..................................................................................................................................24Observance of Laws, Ordinances, and Regulations...........................................................24Non-Collusion Affidavit ...................................................................................................26 Non-Discrimination Statement ..........................................................................................29Payment Bond....................................................................................................................30

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    The City of Reading is requesting proposals from firms for project management servicesinvolving the provisions of technical and management services in connection with projects and actions associated with the City of Reading Wastewater Treatment PlantProject.

    A. Proposal Submission

    Proposals are to be submitted as discussed in the following pages by Tuesday, April 15,

    2008 at 2:00 PM. Proposals received at the Office of the Purchasing Coordinator afterthe hour specified will not be considered.

    B. Existing Wastewater Treatment Facilities and History

    The City of Reading owns and operates a regional wastewater treatment plant (WWTP)on Fritz Island which is designed to treat 28.5 million gallons per day (MGD) originating

    from fourteen municipalities. Fritz Island is an island formed between the Mifflin Armof the Schuylkill River, the Schuylkill River, and the Angelica Creek. The originalWWTP was constructed in the late 1800s on the opposite side of the Angelica Creekfrom the current WWTPs Fritz Island location. In the late 1800s, the area selected forthe WWTP was more rural than the urban area of the City. As such, the City constructedthe 6

    thand Canal Street pumping station in that same time frame to convey the flow

    across the Schuylkill River from the urban center of the City to the more rural area wherethe treatment was to occur.

    In 1929, the City moved some portions of the treatment plant and constructed a largerfacility on the current Fritz Island site. During the 1929 construction, a pipe was laid toconvey the original WWTPs primary clarifier effluent to the current location. To do so,this line crossed the Angelica Creek to transport the partially treated wastewater to thefour newly constructed square fixed nozzle sprinkling filter beds.

    With the growth in the City that occurred leading into the 1950s, the City evaluated theirneeds and determined the need to sewer additional areas which would require theconstruction of two additional pumping stations. The 19th Ward pump station wasconstructed to convey flow from a portion of the City near the Spring Township and BernTownship borders. This flow is conveyed via force main and crosses the SchuylkillRiver in the northwest section of the City and continues by gravity into the 6

    thand Canal

    Street pump station. The 18th Ward pump station was constructed in order to convey thewastewater from a section of the City in close proximity to the WWTP but at a lowerelevation. At the same time, the City re-evaluated the primary treatment occurring at theoriginal WWTP and the secondary treatment occurring at the Fritz Island WWTP. Thisresulted in all wastewater treatment processes designed at the current Fritz Islandlocation.

    The 1959 construction included primary clarification, two rock media primary tricklingfilters, the reuse of an original clarifier and construction of one new clarifier forintermediate clarification, the construction of a pump station to convey the flow from theintermediate clarifiers to the two newly constructed secondary rock media tricklingfilters, three final clarifiers, and a chlorine contact channel prior to discharge of the

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    treated effluent to the Schuylkill River. For the solids handling, this constructionincluded two elutriation (gravity thickener) tanks and two primary and one secondarydigesters. All solids removal from the liquid process occurred in the primary clarifiers.The solids removed in the intermediate clarifier and final clarifiers were conveyed backto the head of the plant to be removed through primary clarification. The plant as

    constructed in 1959 was designed to treat 15 MGD. Of note, in this general time frame ifnot before, the 6th and Canal Street pump station included mechanical screening toremove large solids, as well as, a grit removal system in order to protect the pumpsconveying the wastewater. These same processes for the flows received from the 18

    th

    Ward pump station, were built into the grit chamber facility adjacent to the originalWWTP site. For this reason, the effective treatment of the wastewater actually begins offsite from the present WWTP.

    As growth continued within the City limits and in the suburban area surrounding the City,outlying municipalities expressed their desires to have wastewater treatment capacity atthe City of Reading facility. Intermunicipal agreements with many municipalities were

    developed in the 1950s in order to adequately treat the wastewater from their residentsand this capacity was included in the design for Readings Fritz Island WWTP. Thecontinued growth of the City and surrounding suburban area began to create problems atthe WWTP as evidenced by the then Pennsylvania Department of EnvironmentalResources (PA DER) actions. Determinations were made as to the volume and strengthof flow projected from each of the municipalities and from within the City limits. These projections became the plant basis of design for an upgrade which had constructionbeginning in approximately 1986 and completed in 1988. This construction continued tohave the one tank from 1929 and the tanks and trickling filters from 1959 remain inservice. The plants 15 MGD design capacity was increased to 28.5 MGD with theaddition of one primary clarifier and one plastic media trickling filter which could beused as either a primary or secondary trickling filter. Intermediate clarification wasincreased by converting one of the original final clarifiers to an intermediate clarifier andconstructing an additional intermediate clarifier. From the secondary trickling filterswhich remained as is, the flow was pumped to three new tertiary clarifiers followed by aninnovative fixed film contact aeration system designed for ammonia nitrogen removal.One additional final clarifier was constructed. The chlorine contact tank was alsomodified to provide for better disinfection prior to discharge to the Schuylkill River.With regard to the solids handling, the original secondary digester was converted tobecome a primary digester and two new secondary digesters were constructed. Duringconstruction of one of these digesters, it was discovered that this was being constructedover an abandoned mine shaft. Following the completion of the construction, theconnection prohibition was then lifted as the City had increased the treatment capacity ofthe WWTP.

    With the continued growth in the area surrounding the treatment plant, odor complaints began to surface in this area. Additionally, as growth continued in outlying areas thatwere conveyed to the WWTP via pumping stations, PA DER issued the 1994 prohibitionfor the areas tributary to the 18th Ward pump station and the 6th and Canal Street pumpstation. This prohibition limited the number of connections by the municipalities on amonthly basis while the City conducted a plan of study and remedial action was taken.The prohibition of 1994 focused mainly on the collection system problems. In the samegeneral time frame, the City began experiencing ammonia nitrogen effluent discharge

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    violations. In 1997, a consent order and agreement (COA) was entered into with thePennsylvania Department of Environmental Protection (PA DEP). Also in 1997, the Cityentered into a COA with the United States Environmental Protection Agency (US EPA)regarding the industrial waste pretreatment program which had begun in the mid 1980s.The City of Reading performed a facility audit in varying degrees of the plant and

    collection system in their entirety. The Citys response to the odor complaints andammonia nitrogen violations was the construction of the expanded solids handlingfacilities and the covering and scrubbing of air from particular treatment units. Thisconstruction was designed during the late 1990s, and construction commenced in 1999with substantial completion for most units by 2001. In this construction, the two existingbelt filter presses were increased by an additional two belt filter presses, the elutriationtanks were removed from service as gravity thickeners and mechanical gravity beltthickeners were purchased and installed. One elutriation tank was abandoned entirelywith the solids handling facility being constructed in its footprint. The remainingelutriation tank was converted to become a solids mix tank from which the gravity beltthickeners are fed.

    The recommendations made from the collection system facilities audit and plan of studythat followed the 1994 prohibition, resulted in upgrades to the 6

    thand Canal Street pump

    station, as well as, the replacement of the gravity line leading to the 18th Ward pumpstation, the construction of a new 18

    thWard pump station sized appropriately to handle

    the flows being experienced, and the construction of a new force main leading from the18th Ward pump station. Additionally, some improvements were required in the gritchamber to handle the additional flow, as well as, the headworks facilities at thetreatment plant proper. This construction began in 2001 and was substantially completedin 2003.

    Within the Citys collection system, there are four pumping stations. As discussed, the6th and Canal Street pump station is the oldest and conveys flow from seven of thefourteen municipalities contributing flow to the WWTP. This is approximately three-quarters of the flow received at the WWTP. The next largest pump station is the new 18thWard pump station which serves six municipalities. The 19th Ward pump station servicestwo contributing municipalities as well as the City with its flow ultimately being receivedat the 6th and Canal Street pump station. A very small pump station in the West Readingarea conveys flow from several homes near the City limit. In addition to the lines comingfrom the grit chamber area and the 6

    thand Canal Street area, there are two smaller lines

    from an outlying municipality that enter the treatment plant on the plant grounds proper.One is a force main from the Flying Hills pump station in Cumru Township whichincludes some flows from a second municipality, and the other is a gravity line from asmall portion of Cumru. These lines all converge in a primary distribution box at thesame point where recycled flows are returned to the head of the plant.

    C. Existing WWTP Flow Schematics and Layout

    The WWTP is a regional facility that currently receives flow from fourteen municipalitiesincluding the City of Reading, Antietam Valley Municipal Authority (includes LowerAlsace Township and Mt. Penn Borough), Alsace Township, Bern Township, CumruTownship, Kenhorst Borough, Laureldale Borough, Mohnton Borough, MuhlenbergTownship, Robeson Township, Shillington Borough, Spring Township, and Wyomissing

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    Borough. The facility serves approximately 82,000 residents from the City of Readingwith a combined tributary population of about 130,000 persons in the entire service area.The WWTP is located on Fritz Island, near the Cumru Township/Reading City boundaryin Berks County, Pennsylvania and has a permitted hydraulic capacity of 28.5 MGD(Average Daily Flow) and 42.75 MGD (Maximum Monthly Flow) with discharge to the

    Schuylkill River.

    Figure 1. Reading WWTP Tributary Flow Schematic

    D. Consent Decree and Treatment Alternatives

    In April, 2003, the City was requested to meet with the United States Department ofJustice (USDoJ) as well as United States Environmental Protection Agency (USEPA),and PADEP to discuss Clean Water Act issues. This suit was settled and culminated in a

    Consent Decree which was executed in December, 2004 and signed by the judge on November 7, 2005 as the Entry Date. This Consent Decree details studies to be performed leading to a capital improvements plan and rehabilitation plan for thetreatment plant and collection system respectively and the industrial pretreatment program. In addition, there are numerous interim measures that involve developing,implementing, and maintaining various management systems designed to improve plantoperations and maintenance with the ultimate goal of permit compliance. Additionalinformation regarding this suit is available for review at the following site and byfollowing associated links:http://www.usdoj.gov/usao/pae/News/Pr/2004/dec/reading.html

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    As part of the Consent Decree, the City was required to evaluate the existing treatmentfacilities to determine their ability to meet current and projected capacity, loadings, and permit limits during all potential conditions. Black & Veatch was selected to performthis evaluation and determined that the existing facilities are able to meet current permitlimits under many, but not all, existing conditions. The evaluation determined the

    capacity for all major existing plant processes. Additionally, long-range planning and theregulatory climate were evaluated to determine potential future permit limits. Asprojected future limits were not available from the regulators, these were assumed in thereport based upon the regulatory climate in the state and nation giving specialconsideration to the recent NPDES permit effluent changes evidenced in the ChesapeakeBay region of Pennsylvania.

    Additionally, the existing biosolids handling facilities were evaluated from digestion todisposal for capacity to handle solids generated in conjunction with the selected liquidalternative, the ability to improve ultimate disposal options and reduce potential costs,and the ability to continually provide solids treatment during construction of WWTP

    upgrades. The regulatory environment was considered as well as equipment life cycledue to the capital costs involved. Following a screening of technology, four solidshandling scenarios emerged for further analysis and evaluation for both economic andnon-economic consideration. As a result of this detailed evaluation, the selected biosolids management alternative includes two-stage anaerobic digestion, mechanicalthickening and dewatering, and indirect heat drying.

    The Evaluation of Existing Plant Capacity and Treatment Alternatives reports weresubmitted to USDoJ, USEPA, and PADEP for review, comment, and approval. Theselected alternatives were approved as required in the Consent Decree context by all threeregulatory agencies involved. As such it is the intention of the City of Reading tocontinue with the selected and approved liquid and solid treatment alternatives.

    The Consent Decree makes a general reference to Pennsylvanias Sewage Facilities Planrequirements in the context of the Evaluation of Existing Plant Capacity and TreatmentAlternatives reports by stating these reports may be combined with any required updateto the Defendants Act 537 Plan. The City had met with PADEP prior to signing theConsent Decree and been assured that the information required in these reports would besufficient to qualify for an Act 537 Special Study within the Consent Decree context.Since that time the PADEP approval letter for these reports states that the Departmentunderstands that future flows and loadings will be presented in Readings OfficialSewage Facilities Plan[and] Reading must also obtain all necessary Department

    permits and approvals, including approval of its Official Sewage Facilities Plan, beforeimplementing the chosen alternative. The City has been continuing forward in goodfaith based upon meetings and teleconferences with all the regulatory agencies in lieu offormal amendments to the Consent Decree language, requirements, and timelines whereconflicts exist.

    E. Additional Considerations for WWTP Design and Construction

    The Consent Decree required the evaluation of liquid and solid treatment alternatives butdid not discuss the need to evaluate facilities that are common to all treatmentalternatives. For example, influent headworks, clarification, disinfection, and personnel

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    all are required to be present for an effective wastewater treatment facility. The WWTPreceives the majority of its flow from the 6

    thand Canal Pump Station whose force main

    enters the facility at the primary clarifier distribution chamber as shown in the processflow schematic. Additionally, all of the forward flow through the liquid treatment process is pumped twice during the typical treatment. The City desires to reduce the

    current forward flow pumping and maximize gravity flow through the WWTP. The Cityalso desires to have influent screening performed on-site and incorporated into theWWTP headworks. Black & Veatch has been working with the City to evaluatedisinfection alternatives and compatibility with the existing influent and treatmentalternatives. Based on the report created, the City desires to further investigate the use ofultraviolet disinfection. The City intends to include the design of these integral commonfacilities as discussed in the WWTP Design.

    F. Records Retention and Confidentiality

    The Consent Decree requires the City and any independent contractor performing work

    related to the Consent Decree to retain and maintain copies of any reports, plans, permitsand documents, submitted to US DoJ, US EPA and PA DEP pursuant to the ConsentDecree, including any underlying research and data, for a period of five (5) years fromdate of submission. As this information may be used in subsequent submissionsthroughout the duration of the Consent Decree, the City desires to ensure the availabilityof this information for its own related purposes as well.

    The successful firm shall maintain all records for ten (10) years after final payment on thecontract and any and all other pending matters are closed. After the ten (10) yearretention period, the City shall have the option to take possession of the work papers,reports, plans, permits and documents, electronic and / or hard copy, whenever thesuccessful firm decides to dispose of them. The successful firm shall notify the City inwriting prior to any disposal of documents related to this contract.

    All reports, information, data, etc., furnished by the City to the proposing firm shallremain confidential and shall not be released to any individual or organization withoutthe prior written approval of the City.

    G. Scope Of Work

    The project management consultant(s) will assist the Public Works Department andspecifically its Utilities Division in their respective responsibilities related toadministration, coordination, scheduling, fiscal management, communications,environmental review and mitigation, planning, design and construction managementactivities and operations strategies.

    In fulfilling the duties and responsibilities of the project management consultant(s), it isexpected at a minimum that an individual project manager will be assigned to work withthe Utilities Division on an appropriate time basis (based on the services to be provided),and that any additional staff resources of the consultant will be made available asnecessary over the term of the agreement in order to provide the proposed services. Asenior executive employee of the consultant shall act as the principal-in-charge.

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    Below is a list of services that will be expected of the consultant(s) in providingassistance to the City. The services are separated between project management andconstruction management and between base services and additional services. Eachproposal will clearly identify whether and which services will be provided as part of the proposal. Separate proposals for project management services and construction

    management shall be submitted. The City reserves the right to award projectmanagement and construction management to one or two proposers as determined to bein the best interests of the City.

    1. Project Management

    The consultant(s) will provide project management services in the following areas:a. Project Administration

    Assist with overall project organization and refinements in programadministration planning.

    Attend weekly on-site team project meetings and other related project meetings.

    Initiate and attend monthly scheduling and coordination meetings. Establish and maintain a computer-based project management and

    communications system to include such things as: project updates and executivestatus reports, notices, project information exchange and scheduling,correspondence inventory and retrieval system, project reference library andinternet web site utilizing hardware and software which are agreeable to andcompatible with City systems.

    Assist in establishing and maintaining a contract document tracking andmanagement system and a project information management system.

    Assist in the preparation of public information materials.

    Provide support for design consultant and construction manager.

    Provide advice on Federal and State laws, regulations and guidelines.b. Assist with communications with regulatory agencies.c. Assist with overall fiscal management including:

    Maintenance of a project accounting system,

    Preparation of budgets,

    Tracking of actual cash flow and development of cash flow projections,d. Assist with the preparation of monthly, quarterly and other periodic reports to

    regulatory agencies, City officials, and the public as required.e. Preparation for, attendance at and participation in meetings.

    Monthly, quarterly and other periodic progress information and issue meetingswith regulatory agencies, City officials, and the public as required.

    f. Assist with the review of the ambient water quality monitoring program data, andpreparation of required annual and/or periodic evaluation reports if requested.

    g. Technical support such as review of design alternatives, researching right-of-wayeasements, and technical report preparation as requested.

    h. Graphics and computer simulation support.i. The Project Manager will function as the financing team leader. Each proposer shall

    include a description of their approach to securing a variety of Federal, State, andLocal funds through grants, appropriations, loans, and any other financingmechanisms available. Each proposer shall detail relevant experience in the past ten

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    years with researching, preparing applications, lobbying, and obtaining funding fromany available sources.

    2. Construction Management

    It is the intent of the City to select a construction management team who will coordinateand effectively manage the project, from the design phase through construction.

    The selected Construction Manager will provide a complete scope of services that mayinclude the following: assistance to the City staff during design, constructionmanagement, coordination, scheduling, administration, inspection/observation,construction survey, quality assurance materials testing, drawing submittal review andapproval coordination, maintenance of project records and close-out documents for theproject.

    Throughout the duration of the project, the Construction Manager shall provide certain

    services including, but not limited to, the following:

    2.1 Pre-Construction Phase Services

    a. Prepare and distribute a Management Information System (MIS)b. Monitor and provide input to project design schedulec. Attend and provide input to design review meetings / workshops

    30% Design Stage

    60% Design Stage

    95% Design Stage

    Monthly design status meetings - 15 total meetingsd. Conduct a peer review of the contract documents (drawings, specifications, etc.)

    30% Design Stage 60% Design Stage

    95% Design Stage

    100% Design Stagee. Review cost estimates prepared by design consultants

    Provide independent analysis of cost impacts of proposed design modificationsf. Provide input to construction sequencing and scheduling

    Review proposed construction phasing approach and split of contracts andprovide recommendations

    g. Perform constructability review at the 95% Design Stageh. Participate in meetings relating to permit issues

    i. Coordinate design reviews with City agenciesj. Coordinate design reviews with stakeholders outside the Cityk. Prepare monthly progress reports for the Cityl. Work with City staff to provide information to Design Engineer, as requestedm. Provide recommendations to City staff regarding questions from Design Engineern. Review change requests by Design Engineer and provide recommendations to the

    Cityo. Perform formal Value Engineering studies, if requested by the Cityp. Assist the City in public relations activitiesq. Assist in advertisement of the project

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    r. Assist the City and Design Engineer in presenting contract to potential bidders toattempt to obtain more competitive bids

    s. Attend pre-bid conferences for each prime contractt. Review contractors questions and associated addenda issued by Design Engineeru. Assist with bid opening

    v. Review and tabulate bidsw. Review bidders qualificationsx. Assist with Award process of each prime contracty. Prepare project Submittal Log in consultation with the Design Engineer

    2.2 Construction Phase Services

    2.2.1 Project Managementa. Conduct project meetings, prepare, and distribute minutesb. Monitor overall project budgetc. Review the updated construction schedules and maintain records

    Compare work progress with planned schedule

    Review the Contractors recovery schedules Obtain monthly updates from Contractor(s) incorporating actual progress, delays,

    and other impactsd. Maintain project recordse. Provide site coordination between Contractors and operations staff, Design Engineer,

    and external utilitiesf. Communicate with Contractor(s), City staff, operations staff and external utilities, as

    requiredg. Provide a Web based project management system for sharing of project information

    (RFIs, submittals, etc.)

    Provide access for all project team members

    h. Review, comment and facilitate responses to Requests For Information (RFI): Prepare responses to RFI related construction issues

    Transmit design-related RFIs to Design Engineer and the Cityi. Prepare monthly progress reports for the City including description of key issues, cost

    status, and schedule status j. Prepare monthly progress payment requests

    Make measurements of bid item installed quantities or percentagesk. Construction Surveying:

    Preserve survey baselines established by the Design Engineer

    Perform construction survey verification as neededo All survey work shall be under the supervision of a state of Pennsylvania

    licensed Land Surveyor with substantial experience in performingconstruction staking on similar projects

    Make reasonable efforts to organize the work to meet the Contractors operationsscheduleo The surveyor shall provide all labor, tools, equipment and materials, including

    stakes, hubs, flagging, nails and paint, for establishment of one set of initialconstruction stakes as required by the construction contract. Re-establishingconstruction staking is the responsibility of the Contractor(s).

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    2.2.2 Construction Contract Administrationa. Coordinate site meetings with the Contractor(s), Design Engineer and City staff, and

    preparation and distribute meeting minutesb. Review Contractors contract execution for compliance with Contract Document

    requirements (i.e. certified payroll, labor compliance, etc.)c. Coordinate submittal reviews with the Design Engineer

    Maintain electronic Submittal Logd. Review Contractor(s) RFIs and either provide information from Contract Documents

    back to the Contractor or route request to Design Engineer for resolutione. Communicate with Contractor(s) regarding acceptability of workf. Coordination of Contractor(s) testing plang. Provide Commissioning services for all equipment and systems

    2.2.3 Field Inspection/Observationa. Perform site observations of the day-to-day construction activities to minimize effects

    and deficiencies in the work of the Contractor(s) and to check that provisions of thecontract documents are being fulfilled:b. Prepare daily reports documenting observed construction activitiesc. Take and maintain digital photographs providing documentation of construction

    progressd. Coordinate Quality Assurance materials testing servicese. Review Contractors compliance with all regulatory permits and mitigation measuresf. Review Contractors compliance with workplace safety and health standards and

    notification of City of non-complianceg. Review and approve of Contractors survey layouts

    2.2.4 Change Order Managementa. Review and evaluation of contract change order requests and submittals incoordination with design firm as appropriate

    b. Assist the City in negotiation of change orders:

    Perform quantity and cost analysis as required for negotiation of change orders

    Analyze additional compensation claims that are submitted during theconstruction period and prepare responses

    Perform claims administration including coordinating and monitoring claimsresponses, logging claims and tracking claim status

    c. Coordinate contract change orders between Contractor(s) and the Cityd. Investigate and inspect site conditions that differ from those described in the Contract

    Documentse. Review submittals in support, and recommendations for resolution, of claims anddisputes

    2.2.5 Construction Closeout/Post Construction Servicesa. Perform site inspection to determine if facilities are complete and in compliance with

    Contract Documentsb. Prepare punch lists and inspect punch list item corrective actionsc. Prepare recommendation to City as to the release of payments and retention to

    Contractor(s)d. Review and verify receipt of required Operation and Maintenance (O&M) Manuals

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    e. Review record drawings prepared by the Contractor(s)f. Coordinate transmittal of project files and record drawings to the City for archiving

    3. General Qualifications

    a. Provide firms history of services provided, with particular emphasis on extensiveexperience in large wastewater treatment plant design and project and constructionmanagement

    b. Provide the professional qualifications of the firms key personnel, including degrees,licenses, years of relevant experience and firm tenure

    c. Provide firms experience with Pennsylvania municipal government agenciesd. Provide firms experience with Pennsylvania, local, county, and state regulatory

    agenciese. Must have an established office within a 100 mile radius of the City of Reading

    The Construction Managers key personnel should be able to be available on site,at the request the City, in less than two (2) hours

    f. Provide a statement indicating whether performing services for the City would createany potential conflict of interest, or appearance of improprietyg. Individuals Lead CM must have the following:

    A minimum of 20 years experience in the design and construction management ofwastewater treatment plants

    A valid Pennsylvania PE license

    Ability to work full time in the City of Reading

    4. Additional Services

    Proposers may include additional services not included in the Scope of Work under either

    program management or construction management. The Fee Proposal shall includeseparate Not to Exceed fees for any additional services included in the proposals. TheCity of Reading reserves the right to evaluate Additional Services and either include oreliminate such services in the subject proposal.

    H. Proposal Requirements

    1. Technical Proposal

    The technical portion of the proposal shall include the following:

    a. Cover/Transmittal Letter Letter is to be signed by a member of the organization having the authority to

    negotiate and execute contracts on behalf of the firm.

    b. Project Understanding

    Provide an narrative description of the project based on the proposed scope ofwork and information gathered about the project

    Include any issues that your firm believes will require special consideration

    Identify any unique approaches or strengths that your firm may have related tothis project

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    c. Project Team

    Include an organization chart listing all key project team members.

    In addition the following items shall be addressed:

    Identify all key members roles, availability, qualifications, and responsibility for

    the project. Full resumes for all key members shall be provided within an appendix

    Subconsultants are to be identified along with tasks assigned to them

    Identify years of experience in construction of wastewater facilities.

    Identify any member(s) of the team who failed to remain active on a projectthrough its completion during the past five years and provide an explanation.

    d. Scope of WorkProvide a detailed description of the tasks and duties required to implement this scope ofwork, from review of plans and specifications through startup.

    e. Project ManagementDescribe how the project will be controlled and executed during construction.

    f. Related Experience

    Include a description of projects in progress or completed over the last ten (10)years that are comparable to this project. Recent experience with directconstruction management and inspection in wastewater treatment plantrehabilitation and expansion projects will be given the highest weight in theevaluation.

    Provide a minimum of three (3) owner references of similar utility plant projects.

    Include reference names, addresses, and phone

    g. Subcontractors The name and involvement of any subcontractor or subcontractors to be utilized

    on this assignment.

    2. Fee Proposal

    In a sealed envelope as a separate document to your Proposal, provide seven (7) copies ofthe cost proposal individually for Project Management and Construction Managment.Include a copy of the proposed rate schedule(s) to be used throughout the duration of theproject including any adjustments that are predicted to occur during the life of the project.Fee shall be based upon the following anticipated durations of the major phases of the

    project:

    Design Phase: 12 months Bid Phase: 3 months Construction Phase: 36 months Commissioning / Post Construction Phase: 6 months

    Fee proposals shall consist of two elements: 1) personnel related expenses and 2) non-personnel reimbursable expenses. Quotations for personnel expenses based on the staffproposed to be assigned to the program shall be provided. Current and projected rates for

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    the principal individuals by name and for other technical and/or clerical staff positionswhich may be agreed on from time to time by position title shall be indicated. The personnel related expenses should reflect profit, normal overhead and direct personnelexpenses.

    In addition to personnel expenses, the fee proposal shall include proposed rates for directreimbursable expenses such as travel, lodging and meals; office equipment; photocopying; and construction documents printing. The consultant shall also indicate thebasis for how special charges would be made for such services as provision of specialconditions, office space, project site trailers and other costs (other than direct personnelexpenses) necessarily incurred in the proper performance of the desired services will bebilled.

    Fee proposals shall include a Not to Exceed price for all services described herein andwithin the Technical Proposal. This price shall address either project management orconstruction management services, or the combination of both services.

    3. MBE/WBE Utilitzation

    The City of Reading employs a goal of 10% minority participation and women participation for minority and women business enterprises and for workforce. Whilemeeting the goal is not mandatory, it is an important factor in the selection process.Proposers must agree to make good faith efforts to achieve these goals and submit adetailed MBE/WBE utilization plan with the proposal.

    Consultants proposals shall also include a summary report reflecting the current orintended make up of their and their sub-consultants workforce as to male, female andminority classification.

    4. Proposal Submission

    Please submit seven (7) sealed, bound copies of the firms technical proposal and seven(7) sealed copies of the firms project cost each with the notation of City of ReadingWastewater Treatment Plant Project Manager or City of Reading WastewaterTreatment Plant Construction Manager as detailed below to:

    City of ReadingFinance Department - Purchasing Division815 Washington StreetReading, PA 19601-3690

    The response shall address firm specific information followed by personnel, referenceprojects, and local presence as detailed below:

    Provide general firm information including location of headquarters, number ofoffices, total number of employees, number of technical staff by specialtyindicating graduate engineers and registered professional engineers, geographiclocation of projects primary client contact, and number of years firm has beenperforming engineering design and project management work.

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    For each selected subcontractor, provide details of the expertise and scope being provided by the firm as well as the firms relevant experience and depth ofqualified personnel as it relates to the project. This shall be no more than onepage per subconsultant or firm.

    Indicate the teams involvement and success with obtaining funding for similar

    projects by project size in dollars with emphasis given to direct appropriations,various sources of grants and low-interest loans with their dollar amount andsources. Detail your relevant experience in the past ten years with researching,preparing applications, lobbying, and obtaining funding from the variety ofsources listed above as well as any other funding types with which you haveexperience that may be applicable to this project.

    Indicate the firms experience with the City of Reading as well as clients in BerksCounty, Pennsylvania in the past ten years by client and contact information, typeof project, and project and firm scope. Indicate the firms relevant utilityengineering in adjoining counties in the past ten years by client and contactinformation, type of project, and project and firm scope.

    Provide a sample contract and terms for review by the City and its legal counsel.

    5. Proposal Schedule

    The following are key milestones for the selection process: RFP Release: March 12, 2008 Pre-proposal Meeting: March 27, 2008, 9:00 AM Questions Due: April 1, 2008, 10:00 AM Response Issued: April 4, 2008 Proposals Due Date & Time: April 15, 2008, 2:00 PM Consultant Interviews (if needed) May 6, 2008

    Anticipated Contract Award: May 12, 2008

    6. Pre-Proposal Meeting

    Proposers are required to attend a mandatory pre-proposal meeting and job site tour,which will be held on March 27, 2008 at 9:00 AM at the County of Berks Fire TrainingCenter, located on Morgantown Road adjacent to the Wastewater Treatment Plant. At thismeeting, representatives from the City will discuss the RFP Documents, site constraints,and other items specific to this project. A project walk-through will follow. A sign-insheet will be available. Attendance at the entire pre-bid meeting and walk-through ismandatory for proposing on this project. Proposals received from Consultants who

    did not sign the sign-in sheet and attend the meeting and walk-through will be returned tothe Consultant unopened. The City will prepare and make available a set of meetingminutes and responses to questions raised at the meeting and walk-through. Oralstatements made during the meeting but not confirmed by the minutes or responses maynot be relied upon and are not binding or legally effective.

    7. Individual Tours

    Any consultant interested in an individual tour should contact Deborah Hoag, UtilitiesDivision Manager, at 610-655-6258. These tours will be a maximum of one hour long.

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    8. Authorization of Invitation

    Article VIII, Section 801 (b), of the City of Reading City Charter, gives the City theability to engage independent consultation to represent or advise on specific individualmatters. This section further states that representation must be secured by the Request for

    Proposal (RFP) process. The City of Reading Purchasing Policy recognizes and statesthat the awarding of a contract for professional services cannot be based solely upon theselection of the lowest bidder. Emphasis is placed on factors such as professionalqualifications, experience, and familiarity with the nature of the services to be performed.

    This RFP is issued by the City of Reading. Any questions or clarifications concerning theRFP shall be directed to the Purchasing Coordinator.

    All requests for additional information concerning the RFP process, acceptance andapproval of a contract must be issued in written form by the same time as technicalquestions. Responses to all questions will be issued to all prospective proposers in the

    form of an addendum as discussed above.

    9. Preparation of Proposals

    Firms are expected to examine any specifications, schedules or instructions included inthe RFP package. Failure to do so will be at the firms risk.

    The applicant shall submit the requested information in a complete and concise mannerwithin the page limitations discussed.

    Proposals are to be prepared simply, providing a straightforward and concise descriptionof the successful firms, persons, or subcontractors capabilities to satisfy therequirements of this proposal. Emphasis should be on completeness and clarity ofcontent.

    Each copy of the proposal and all documentation shall be bound in a single volume.

    If erasures or other changes appear in the proposal, each erasure or change must beinitialed by the person signing the submittal.

    Receipt of amendments or addenda by a firm must be acknowledged on the appropriateCity form and included in the proposal.

    Ownership of all data, material, and documentation originated and prepared for the Citypursuant to the RFP shall belong exclusively to the City and be subject to publicinspection in accordance with the Freedom of Information Act and Pennsylvania Right toKnow Act. Trade secrets or proprietary information submitted shall not be subject to thepublic disclosure; however, the firm must invoke this protection in writing. Theproprietary or trade secret material submitted must be identified. The classification of anentire proposal, line item prices and/or total proposal prices as proprietary or trade secretis not acceptable and will result in rejection and return of proposal.

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    10. Modification or Withdrawal of Proposals

    A Proposal that is in the possession of the Purchasing Manager may be amended bytelegram, letter, or fax transmission bearing the signature or name of the personauthorized for bidding, provided said request is in writing and properly signed or by

    telegram and is received at least two (2) hours prior to the time and date of opening. Thecommunication shall not reveal the Proposal price but should indicate the addition,subtraction or other change in the Proposal.

    A Proposal that is in the possession of the Purchasing Manager may be withdrawn by thefirm in person, by fax, or by written request provided said request is in writing andproperly signed or by telegram and is received at least two (2) hours prior to the time anddate set for the opening. Request by telegram must be confirmed in writing, properlysigned, which must be delivered within twenty-four (24) hours of the time and date setfor the opening. No proposals may be withdrawn for a period of one hundred twenty(120) days following the formal opening and receipt of proposals by the City of Reading.

    11. Right to Reject Proposals

    Submission of a proposal indicates the acceptance by the firm of the conditions containedin this RFP unless clearly and specifically noted in the proposal submitted and confirmedin the contract between the City of Reading and the firm.

    During the advertising process through the final firm selection and contract execution byboth parties, any contact by proposing firms with any City representative, other than thePurchasing Manager, concerning the RFP is prohibited. Any such unauthorizedcontact maycause the disqualification of the firm from this procurement action.

    The City of Reading reserves the right without prejudice to reject any or all proposals inwhole or in part. It also reserves the right to waive any technical defects or minorirregularities, which in its discretion, is in the best interest of the City. The City furtherreserves the right to seek new proposals when such a procedure is reasonably in the bestinterest of the City to do so.

    The City will not pay for any information required in the RFP, nor is liable for any costincurred by a firm in responding to an RFP..12. Disposition of Proposals

    All proposals submitted in response to the RFP become the property of the City and willnot be returned to unsuccessful firms.

    13. Questions Regarding Specifications or Proposal Process

    To ensure fair consideration for all firms, the City prohibits communication to or withany department director, division manager, or employee during the submission processwith the exception of those questions relative to interpretation of specifications or theproposal process. Such communications initiated by a firm may be grounds for

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    disqualifying the offending firm from consideration for award of the proposal and/or anyfuture proposal.

    No interpretations of the meaning of the RFP documents will be made to any bidderorally. Every request for such interpretation shall be in writing to the City of Reading

    Purchasing Office, and to be given consideration must be received in writing prior to10AM on April 1, 2008. Direct inquiries to:

    Heather DunklePurchasing CoordinatorCity Hall, Rm. 2-45815 Washington StreetReading, PA 19601FAX - (610) [email protected]

    Any and all such interpretation will be in the form of an Addendum to the RFP and willbe faxed to all prospective firms on Friday, April 4, 2008.

    I. Minority and Women Business Enterprises

    The City notifies all firms that minority and women business enterprises will be affordedfull opportunity to submit proposals in response to this RFP and will not be discriminatedagainst on the basis of race, color, national origin or ancestry. Firm hereby agrees thatupon the award of the contract, the firm will not discriminate against any person whoperforms work because of race, religion, color, sex, national origin or ancestry.

    J. Equal Employment Opportunity

    During the performance of this Contract, the firm agrees as follows:

    The firm will not discriminate against any employees or applicant foremployment because of race, color, religion, sex, or national origin. The firm willtake affirmative action to ensure that applicants are employed, and that employeesare treated during employment, without regard to race, color, religion, sex, ornational origin. Such action shall include, but not be limited to, the following:employment, upgrading, demotion, or transfer; recruitment or recruitmentadvertising; layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship. The firm agrees to post inconspicuous places, available to employees and applicants for employment,notices which may be provided by the City of Reading setting forth the provisionsof this nondiscrimination clause.

    The firm will, in all solicitations or advertisements for employees placed by or onbehalf of the firm, state that all qualified applicants will receive consideration foremployment without regard to race, color, religion, sex, or national origin.

    In the event of the firms noncompliance with the non-discrimination clauses ofthis Contract or with any of the said rules, regulations, or orders, this Contract

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    may be canceled, terminated, or suspended in whole, or in part and the Proposermay be declared ineligible for further City of Reading contracts.

    The firm will include the provisions of these paragraphs in every subcontract orpurchase order unless exempted.

    K. Employment of Certain Persons Prohibited

    No person who, at the time, is serving sentence in a penal or correctional institution shallbe employed on the work covered by this Contract.

    L. Subcontracts

    Joint proposals by multiple firms are allowed, and even encouraged if deemed necessaryto balance new ideas and directions with the realities of the enabling statutes. However,the firm will not be allowed to subcontract work under this contract unless the

    subcontractor and its scope of work is clearly defined and outlined within the proposal orwritten approval is granted by the City of Reading. The subcontractor, as approved, shallbe bound by the conditions of the contract between the City and the selected firm. Theauthorization of a subcontractor is to perform in accordance with all terms of the contractand specifications. All required notices, work orders, directives, and requests foremergency services will be directed to the selected firm. All directions given to thesubcontractor in the field shall bind the selected firm as if the notice had been givendirectly to the selected firm. Should the firm elect to use any subcontractors, they are toprovide a payment bond as included in the following forms.

    M. Independent Proposal

    The parties hereto expressly agree and understand that the successful firm may not be anemployee or agent of the City of Reading in any sense. Furthermore, the successful firmmay not be affiliated with any chemical, technology, process, vendor, or manufacturerrelated to wastewater treatment. Any and all potential conflicts of interest should bebrought to the Citys attention immediately. Contracts may be terminated should thesituation warrant such action.

    N. Evaluation and Selection Process

    The City and its designated committee will evaluate all proposals, determine whether oral

    discussions with individuals, firms, or organizations are necessary, and select the firmbest qualified to perform the scope of work. A qualification based selection process willbe used. Qualifications will outweigh all other considerations. The City will beginnegotiations with the highest ranked firm(s) and develop a final work scope and refinecompensation.

    During the entire selection process, the firms shall only contact the PurchasingCoordinator regarding details of the work to be performed unless otherwise authorized.This will minimize missed information and duplication of effort.

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    The City may choose to conduct interviews with finalists after the initial review ofproposals are complete. If interviews are conducted, finalists will be contactedindividually by the Purchasing Coordinators office.

    The City has the responsibility to negotiate the most favorable cost terms and conditions

    to the City. The negotiating process may involve one (1) or more RFP responses andmay continue until the award of the contract. All proposals will become part of theofficial file on this matter without obligation to the City of Reading.

    The City of Reading Purchasing Policy allows the City to base its selection onprofessional qualifications, experience, and familiarity with the nature of the service to beprovided. The City reserves the right to award project management and constructionmanagement to one or two proposers as determined to be in the best interests of the City.

    The evaluation will be based upon the following: Firm Qualifications: 30 points

    Qualifications of Key Personnel: 25 points Adequacy of Resources to perform the work: 20 points Past Performance: 10 points Price: 10 points Location within 100 miles of the project site: 5 points

    O. Execution of Contract

    The contract will be drafted by the City and executed by both the City and the successfulfirm. Incorporated into that contract will be this Request for Proposal for ProfessionalServices and the Proposal accepted by the City.

    The successful firm shall, within ten (10) calendar days after mailing of contractdocuments by the City to the Principal, enter into contract with the City.

    The contract, when executed, shall be deemed to include the entire agreement betweenthe parties; the firm shall not base any claim for modification of the contract upon anyprior representation or promise made by the representatives or the City, or other persons.All attachments are considered as part of this document.

    P. Contract Alterations or Modifications

    This contract will be under the direct supervision of the City and/or its authorizedrepresentatives. Any alterations or modifications of the work performed under thiscontract shall be made only by written agreement between the firm and the Citysauthorized representatives and shall be made prior to commencement of the altered ormodified work. No claims for extra work or materials shall be allowed unless covered bywritten agreement.

    Q. Manner of Payment

    The successful firm will submit monthly invoices to the City of Reading before thepayment of services. Those invoices shall be submitted to the Utilities Division of Public

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    Works Department of the City of Reading. Upon receiving the requisite authorizations,the City of Reading will process the successful firms invoices and forward payment bycheck. The City requires the firm to provide detailed monthly status reports by the 15th ofeach month that discuss the firms activities throughout the prior calendar month. Thisshould also include any problems encountered as well as areas where a response is

    required or modifications are required and all areas impacted. Invoices received forpayment prior to the receipt of the monthly status report will not be processed untilreceipt of the report.

    R. Contract Termination

    The City shall have the right to terminate the contract or any part thereof before the workis completed in the event:

    Previous unknown circumstances arise which make it desirable, in the bestinterest of the City, to void the contract.

    The firm does not adequately comply with the specifications of the RFP or of the

    contract. The firm refuses, neglects, or fails to supply properly trained or skilled

    supervisory personnel, personnel, and/or subcontractors, or proper equipment.

    The firm neglects to carryout the directions of the City.

    The firm in the judgment of the City is unnecessarily or willfully delaying theperformance and the completion of the work.

    The firm refuses to proceed with work when and as directed by the City.

    The firm abandons the work.

    S. Rights upon Termination of Contract

    Upon termination of the contract, the successful firm shall transfer, assign and makeavailable to the City all property and materials in the firms possession or subject to thefirms control that are the property of the City, subject to payment in full of amounts dueto this contract.

    Upon termination, the successful firm agrees to provide reasonable cooperation inarranging the transfer or approval of third partys interest in all contracts, agreements andother arrangements, and all rights and claims thereto and therein following appropriaterelease from the obligations therein.

    T. Dissemination of Information

    During the term of the resulting contract, the successful firm may not release anyinformation related to the services or performance of services under the contract, norpublish any reports, studies, or documents relating to the City of Reading, the account, orperformance of services under the agreement without prior written consent of the City;and shall indemnify and hold harmless the City, its officers, agents, and employees fromall liability which may be incurred by reason of dissemination, publication anddistribution, or circulation, in any manner whatsoever, of any information, data,documents, or material pertaining to the City, the account, or the contract by the firm orits agents or employees.

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    U. Ownership and Use

    Firm shall ensure, to the fullest extent possible under law, that the City shall own any andall title and interest in and to, including copyrights, trade secret, patent and other

    intellectual property rights, with respect to any copy, photograph, advertisement, music,lyrics, or other work or thing created by firm or at the firms direction for the Citypursuant to this contract and utilized by the City.

    V. Insurance

    The successful firm shall assume and be liable for all blame and loss of whatsoevernature by reason of neglect or violation of any Federal, State, County or Local laws,regulations, or ordinances; the firm shall indemnify and hold harmless the City ofReading from all suits or actions at law of any kind whatsoever in connection with thiswork and shall if required by the City, produce evidence of settlement of any such action

    before final payment shall be made by the City. The selected design firm shall protectthe City, its agents, and employees, from any litigation involved in this engineeringdesign work. The firms Liability Insurance Certificate shall include the hold harmlessclause and shall be filed with the City of Reading. All subcontractors must also furnishcopies of their liability insurance certificates to the City. No subcontractor will beallowed to perform any work under this contract by the City unless such certificates aresubmitted to and approved by the City beforehand.

    W. Insurance Limits Requirements

    The City requires the following insurances and limits as a minimum for a design firm

    being considered for the WWTP design project. The detailed listing of current insurancecoverage in place by type as well as a listing of places where additional insurance orcoverage modification is required based upon this projects insurance requirements is tobe included in the proposal. All policies shall be in effect with companies holding anA.M. Best rating of A- or better and shall be licensed to do business in theCommonwealth of Pennsylvania. Due to the nature and the scope of the project, the Cityof Reading also requests a copy of the Professional Liability policy to review. Requisiteinsurances and limits are as follows:

    Professional Liability in minimum amounts of $1,000,000 per occurrence and$2,000,000 aggregate.

    Umbrella/Excess Liability with limits of not less than $2,000,000 peroccurrence and $2,000,000 aggregate following from underlying liabilitycoverage.

    Workers Compensation Statutory limits in each state in which Service Provideris required to provide Workers Compensation coverage including All Statesand Voluntary Compensation endorsement, and a Waiver of Subrogationendorsement in favor of the City.

    Comprehensive General Liability for bodily injury and property damage including any liability normally covered by a general liability policy with limits ofnot less than $1,000,000 per occurrence and $2,000,000 in the annual aggregate.

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    Business Automobile Liability For owned, non-owned, leased and hiredvehicles with a combined single limit of not less than $1,000,000 for bodily injuryand property damage.

    Employers Liability with limits of not less than $100,000 Accident EachAccident, $100,000 Disease Each Employee; and $500,000 Disease Policy

    Limit.

    Prior to commencement of performance under this proposal and any future executedcontract, the selected design firm shall furnish to the City of Reading a certificate ofinsurance evidencing all required coverage in at least the limits required herein, namingthe City of Reading, its elected officials, agents, and employees as additional insuredsunder the Comprehensive General Liability coverage, and providing that no policies maybe modified or cancelled without thirty (30) days advance written notice to the City ofReading. Such certificate shall be issued to: City of Reading, 815 Washington Street,Reading, PA 19601. Please forward a certificate of insurance verifying these insurancerequirements.

    X. Taxes

    The City of Reading is tax exempt. Tax exemption certificates will be issued to thesuccessful firm upon request.

    The successful firm will be responsible for remitting all Federal, State and Local taxes orcontributions imposed or required under Unemployment Insurance, Social Security andincome tax laws under the Workers Compensation Law with respect to this contract.

    Y. Observance of Laws, Ordinances, and Regulations

    The successful firm shall keep fully informed on all federal, state and local laws,regulations, and all orders and decrees of bodies having any jurisdiction or authoritywhich in any matter affect those engaged or employed on the work or which in any wayaffect the conduct of the work. The successful firm shall at all times during the terms ofthis contract observe and comply with all such laws, ordinances, regulations, orders anddecrees in force at the time of the award. The successful firm shall protect and indemnifythe City of Reading and its representatives against any claim or liability arising from orbased on the violation of any such law, ordinance, regulations, orders or decrees whetherby the firm or the firms employee. No extension of time or additional payment will bemade for loss of time or disruption of work caused by any actions against the successful

    firm for any of the above reasons.

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    NON-COLLUSION AFFIDAVIT

    INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

    This Non-Collusion Affidavit is material to any contract pursuant to this bid.According to the Pennsylvania Antibid-Rigging Act, 73 P.S. 1611 et seq.,governmental agencies may require Non-Collusion Affidavits to be submittedtogether with proposals.

    This Non-Collusion affidavit must be executed by the member, officer, oremployee of the proposer who is authorized to legally bind the proposer.

    Bid/Proposal rigging and other efforts to restrain competition, and the makingof false sworn statements in connection with the submission of proposals are

    unlawful and may be subject to criminal prosecution. The person who signs theAffidavit should examine it carefully before signing and assure himself or herselfthat each statement is true and accurate, making diligent inquiry, as necessary, ofall other persons employed by or associated with the proposer withresponsibilities for the preparation, approval, or submission of the bid.

    In the case of a proposal submitted by a joint venture, each party to the venturemust be identified in the proposal documents, and an Affidavit must besubmitted separately on behalf of each party.

    The term "complementary bid/proposal" as used in the Affidavit has themeaning commonly associated with that term in the RFP process, and includesthe knowing submission of proposals higher than the proposal of another firm,any intentionally high or noncompetitive proposal, and any form of proposalsubmitted for the purpose of giving a false appearance of competition.

    Failure to file an Affidavit in compliance with these instructions will result indisqualification of the proposal.

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    NON-COLLUSION AFFIDAVIT

    State of ________________________

    County of _______________________

    _________________________________, being first duly sworn, deposes and saysthat:

    He/She is_________________________________________ of the Proposer that has(Owner, Partner, Officer, Representative or Agent)

    submitted the attached Proposal;

    He/She is fully informed respecting the preparation and contents of the attached

    Proposal and of all pertinent circumstances respecting such Proposal;

    Such Proposal is genuine and is not a collusive or sham Proposal;

    Neither the said Proposer nor any of its officers; partners, owners, agents,representatives, employees or parties in interest, including this affidavit, has inany way colluded, conspired, connived or agreed, directly or indirectly, with anyother Proposer, firm or person to submit a collusive or sham Proposal inconnection with the Contract for which the attached Proposal is submitted or torefrain from submitting in connection with such Contract, or has in any manner,

    directly or indirectly, sought by agreement or collusion or communication ofconference with any other Proposer, firm or person to fix the price or prices inthe attached Proposal or of any other Proposer, or to fix any overheld, profit orcost element of the Proposal price or the Proposal price of any other Proposer, orto secure through any collusion, conspiracy, connivance or unlawful agreementany advantage against the City of Reading or any person interested in theproposed Contract;

    The price or prices quoted in the attached Proposal are fair and proper and arenot tainted by any collusion, conspiracy, connivance or unlawful agreement onthe part of the Proposer or any of its agents, representatives, owners, employees,or parties in interest, including this affidavit; and,

    Neither the said Proposer nor any of its officers, partners, owners, agents orparties in interest, have any interest, present or prospective, that can bereasonably construed to result in a conflict of interest between them and the Cityof Reading, which the Proposer will be required to perform.

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    I state that _______________________________________________understands

    (Name of Firm)

    and acknowledges that the above representations are material and important,

    and will be relied on by the City of Reading in awarding the Contract(s) forwhich this Bid is submitted. I understand and my firm understands that anymisstatement in this Affidavit is and shall be treated as fraudulent concealmentfrom the City of Reading of the true facts relating to the submission of bids forthis Contract.

    ________________________________________________(Name and Company Position)

    SWORN TO AND SUBSCRIBEDBEFORE ME THIS _________ DAYOF _____________________, 20___

    _______________________________ My Commission Expires:Notary Public

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    NON DISCRIMINATION STATEMENT

    The undersigned hereby certifies that it shall not discriminate against any

    employee or applicant for employment because of race, color, religion, sex,handicap, familial status, or national origin. The undersigned shall takeaffirmative action to insure that applicants for employment are employed, andthat employees are treated during employment, without regard to their race,color, religion, sex, handicap, familial status, or national origin.

    ____________________________

    ____________________________BIDDER

    ____________________________TITLE

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    PAYMENT BOND

    Know All Men by These Presents:

    That We, _________________________________ hereinafter called the PRINCIPAL,and (CONTRACTOR)______________________ hereinafter called the SURETY, a corporation organized and

    (SURETY)existing under the laws of the ________________ of ______________________ are heldand firmly bound unto _________________, hereinafter called OBLIGEE, as hereinafter

    (OBLIGEE)set forth, in the full and just sum of __________________________ Dollars ( $______ ),lawful money of the United States of America, for the payment of which we bindourselves, our heirs, executors, administrators, successors and assigns, jointly andseverally, firmly by these presents:

    Witnesseth That:

    WHEREAS, the PRINCIPAL heretofore submitted to the OBLIGEE a certainPROPOSAL, dated _______________, 20 ____ to perform the WORK for theOBLIGEE, in connection with the ________________________________ as set forth inthe CONTRACT DOCUMENTS;

    WHEREAS, the OBLIGEE is a "contracting body" under provisions of the Act of theGeneral Assembly of the Commonwealth of Pennsylvania, approved by the Governor onDecember 20, 1967, known as and cited as the "Public Works Contractors" Bond Law of

    1967", P L 869 (the Act"): and

    WHEREAS, the Act, in section 3(a), requires that, before an award shall be made to thePRINCIPAL by the OBLIGEE in accordance with the PROPOSAL, the PRINCIPALshall furnish this BOND to the OBLIGEE, with this BOND to become binding upon theaward of a CONTRACT to the PRINCIPAL by the OBLIGEE in accordance with thePROPOSAL: and

    WHEREAS, it also is a condition of the CONTRACT DOCUMENTS that this BONDshall be furnished by the PRINCIPAL to the OBLIGEE; and

    WHEREAS, under the CONTRACTOR DOCUMENTS, it is provided, inter alia, that ifthe PRINCIPAL shall furnish this BOND to the OBLIGEE, and if the OBLIGEE shallmake an award to the PRINCIPAL in accordance with the PROPOSAL then thePRINCIPAL and the OBLIGEE shall enter into a CONTRACT with respect toperformance of the WORK, the form of which CONTRACT is set forth in theCONTRACT DOCUMENTS.

    NOW, THEREFORE, the terms and conditions of this BOND are and shall be that if the

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    PRINCIPAL and any SUBCONTRACTOR of the PRINCIPAL to whom any portion ofthe WORK shall be subcontracted, and if all assignees of the PRINCIPAL and of anysuch SUBCONTRACTOR, promptly shall pay or shall cause to be paid, in full all moneywhich may be due any claimant supplying labor or materials in the prosecution andperformance of the WORK in accordance with the CONTRACT DOCUMENTS,

    including any amendment, extension or addition to the CONTRACT DOCUMENTS, formaterial furnished or labor supplied or labor performed, then this BOND shall be void;otherwise, this BOND shall be and shall remain in force and effect.

    This BOND, as provided by the Act, shall be solely for the protection of claimantssupplying labor or materials to the PRINCIPAL or to any SUBCONTRACTOR of thePRINCIPAL in the prosecution of the WORK covered by the CONTRACTDOCUMENTS, including any amendment, extension or addition thereto. The term"claimant", where used herein and as required by the Act, shall mean any individual,firm, partnership, association or corporation. The phrase "labor or materials", when usedherein and as required by the Act, shall include public utility services and reasonable

    rentals of equipment, but only for periods when he equipment rented is actually used atthe site of the WORK covered by the CONTRACT. As required by the Act, theprovisions of this BOND shall be applicable whether or not the material furnished orlabor performed enters into and becomes a component part of the public building, publicwork or public improvement contemplated by the CONTRACT DOCUMENTS.

    As provided and required by the Act, the PRINCIPAL and the SURETY agree that anyclaimant, who has performed labor or furnished material in the prosecution of the WORKin accordance with the CONTRACT DOCUMENTS, including any amendment,extension or addition to the CONTRACT DOCUMENTS, and who has not been paidtherefore, in full, before the expiration of ninety (90) days after the last day on whichsuch claimant performed the last of such labor or furnished the last of such materials forwhich payment is claimed, may institute an action upon this BOND, in the name of theclaimant, in assumpsit, to recover any amount due the claimant for such labor or material,and may prosecute such action to final judgment and may have execution upon thejudgment; provided, however, that:

    (a) Any claimant who has a direct contractual relationship with anySUBCONTRACTOR of the PRINCIPAL, but has no contractual relationship, express orimplied, with the PRINCIPAL, may institute an action upon this BOND only if suchclaimant first shall have given written notice, served in the manner provided in the Act, tothe PRINCIPAL, within ninety (90) days from the date upon which such claimantperformed in the last of the labor or furnished the last of the materials for which paymentis claimed, stating, with substantial accuracy, the amount claimed and the name of theperson for whom the WORK was performed or to whom the material was furnished; and

    (b) No action upon this BOND shall be commenced after the expiration of one (1)year from the day upon which the last of the labor was performed or material wassupplied, for the payment of which such action is instituted by the claimant; and

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    (c) Every action upon this BOND shall be instituted either in the appropriate court ofthe County where the WORK is to be performed or of such other County as Pennsylvaniastatutes shall provide, or in the United States District Court for the district in which thePROJECT, to which the CONTRACT relates, is situated, and not elsewhere.

    This BOND is executed and delivered under and subject to the Act, to which referencehereby is made.

    The PRINCIPAL and the SURETY agree that any alterations, changes and/or additionsto the CONTRACT DOCUMENTS, and/or any alterations, changes and/or additions tothe WORK to be performed in accordance with the CONTRACT DOCUMENTS, and/orany alterations, changes and/or additions to the CONTRACT, and/or any given by theOBLIGEE of any extensions of time for the performance of the WORK in accordancewith the CONTRACT DOCUMENTS, and/or any act of forbearance of either thePRINCIPAL or the OBLIGEE toward the other with respect to the CONTRACTDOCUMENTS, and/or the reduction of any percentage to be retained by the OBLIGEE

    as permitted by the CONTRACT DOCUMENTS, shall not release, in any mannerwhatsoever, the PRINCIPAL and the SURETY, or either of them, or their heirs,executors, administrators, successors and assigns, from liability and obligations underthis BOND; and the SURETY for value received, does waive notice of any suchalterations, changes, additions, extensions of time, acts of forbearance and/or reduction ofretained percentage.

    If the PRINCIPAL is a foreign corporation (incorporated under the laws other than thoseof the Commonwealth of Pennsylvania) then further terms and conditions of this BONDare and shall be that the PRINCIPAL or the SURETY shall not be discharged fromliability on this BOND, nor this BOND surrendered until such PRINCIPAL files with theOBLIGEE a certificate from the Pennsylvania Department of Revenue evidencing the payment in full of all bonus taxes, penalties and interest, and a certificate from theBureau of Employment and Unemployment Compensation of the PennsylvaniaDepartment of Labor and Industry, evidencing the payment of all unemploymentcompensation, contributions, penalties and interest due the Commonwealth from saidPRINCIPAL or any foreign corporation,

    SUBCONTRACTOR thereunder or for which liability has accrued but the time forpayment has not arrived, all in accordance with provisions of the Act of June 10, 1947,P.L 493, of the Commonwealth of Pennsylvania.

    In Witness Whereof, the PRINCIPAL and the SURETY cause this BOND to be signed,sealed and delivered this _________ day of _____________, 20 __.

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    (INDIVIDUAL PRINCIPAL)

    __________________________(Seal)(Signature of Individual)

    Witness:

    _______________________________

    Trading and Doing Business as:

    _______________________________

    (PARTNERSHIP PRINCIPAL)

    ________________________ (Seal)(Name of Partnership)

    Witness:

    ____________________________ By: ____________________(Seal)(Partner)

    Witness:

    ____________________________ By: _____________________(Seal)(Partner)

    Witness:

    ____________________________ By: _____________________(Seal)(Partner)

    Witness:

    ____________________________ By: _____________________(Seal)(Partner)

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    (CORPORATION PRINCIPAL)

    Attest:

    ________________________________

    (Secretary) ______________________________(Name of Corporation)

    By:_______________________________(President/Vice President)

    (CORPORATE SEAL)

    or (if appropriate)

    ______________________________(Name of Corporation)

    By:_______________________________Authorized Representative

    *Attach appropriate proof, dated as of the same date as the Bond, evidencing authority to execute in behalf of the corporation.

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    Signed ______________________________

    ____________________________________(Title)

    Subscribed and sworn to before me on

    this ___ day of ___________, 20 ___

    ___________________________________

    ___________________________________(Title)

    My commission expires:

    ____________________________________

    (CORPORATION SURETY)

    ______________________________(Name of Corporation)

    By: __________________________** (Attorney-in-fact

    Witness:

    _____________________________________(Corporate Seal)

    **Attach an appropriate power of attorney, valid and in effect as of the date of this affidavit, evidencing the authority of theAttorney-In-Fact to act in behalf of the corporation.