Develop specifications for clean water retrofit design, permitting and construction oversight to the Overlook Basin/Woodlawn Channel RFP 19-02

Transcription

1 RFP Develop specs for Clean Water Retrofit to Overlook Basin/Woodlawn Channel Page 1 of 8 Develop specifications for clean water retrofit design, permitting and construction oversight to the Overlook Basin/Woodlawn Channel RFP Michael P. Harakal, Jr. Mayor Jack Meyers Deputy Mayor John Rackus Public Works Bureau Chief Mary Ann Miller, CPPO Purchasing Agent Pre-Bid Date: January 17, MM Whitehall Township * 3219 MacArthur Rd. Whitehall, PA * *

2 RFP Develop specs for Clean Water Retrofit to Overlook Basin/Woodlawn Channel Page 2 of 8 WHITEHALL TOWNSHIP NOTICE TO BIDDERS The Township of Whitehall is soliciting Sealed Proposals for: RFP No Develop specifications for clean water retrofit design, permitting and construction oversight to the Overlook Basin/Woodlawn Channel per the PRP developed by Center for Watershed Protection, INC. Proposals will be accepted on or before, January 30, 2019, 3:00 p.m. and opened Thursday, January 31, 2019, 3:00 p.m. Proposals will be publicly opened and read aloud at the Whitehall Township Municipal Building, 3219 MacArthur Road, Whitehall, PA A Pre-Proposal meeting will be held at the Whitehall Township Municipal Building, on January 17, 2019 at 11:00 a.m. Attendance is highly recommended. Bid documents can be obtained at the Municipal Building or call They are also available online: under administration, then purchasing tab. MARY ANN MILLER, CPPO Purchasing Agent MM/mkd LEGAL AD: Whitehall-Coplay Press 012/27/18 & 01/03/19 cc: Board of Commissioners Michael P. Harakal Jr., Mayor John D. Meyers, Deputy Mayor Debi Bowman, Finance Officer Diane Lindeman, Accounts Payable Clerk John F. Rackus, Bureau Chief of Public Works Gary Weaver, Engineer Liaison Lobby Bulletin Board File

3 RFP Develop specs for Clean Water Retrofit to Overlook Basin/Woodlawn Channel Page 3 of 8 TABLE OF CONTENTS Page COVER PAGE 1 NOTICE TO BIDDERS 2 TABLE OF CONTENTS 3 INTRODUCTION SPECIFICATIONS 1.0 Intent 2.0 Proposal and Format 3.0 Factors for Award 4.0 Insurance 5.0 Hold Harmless Clause 6.0 Exclusive Jurisdiction 7.0 Federal Excise and PA State Sales Tax 8.0 Public Information and Sunshine Laws Requests 9.0 PRP provided by the Center for Watershed Protection DIRECT INQUIRIES TO: BIDDING PROCEDURES - MARY ANN MILLER, CPPO EXT. 136 Purchasing Agent mmiller@whitehalltownship.com TECHNICAL QUESTIONS - JOHN RACKUS EXT. 140 Public Works Bureau Chief rackus@whitehalltownship.com GIS QUESTIONS - GARY WEAVER EXT. 162 Engineer Liaison gweaver@whitehalltownship.com

4 RFP Develop specs for Clean Water Retrofit to Overlook Basin/Woodlawn Channel Page 4 of INTENT: 1.1 Whitehall Township is soliciting proposals from a qualified firm to develop specifications to implement a clean water retrofit design, permitting and provide construction oversight per the PRP provided by the Center for Watershed Protection, INC. The Township plans to issue a separate RFP for a construction contractor who will be responsible for implementation of final designs produced under this RFP. 1.2 The following tasks are anticipated in the scope of work: Design: Develop the construction plans, specifications, contract documents and cost estimates based upon the finding in the Pre-Design Phase Bidding: Assist with publishing the bid documents and plans. Participate in a prebid conference, review bids, and assist with making recommendations for award Permitting: Determine, prepare, submit all necessary permit applications and pay all permit fees Construction Oversight: Provide all necessary personnel, materials, and services that may be required to verify construction contractor s rigid adherence to the purpose and intent of the contract documents from the pre-construction conference through final acceptance. Provide construction oversight, including review and recommendation of implementation strategy and sequences, verify adherence to design drawings, insuring the implementation strategy and sequences are followed, coordinate sampling and testing of construction materials, review and recommend change orders, monitor progress of construction schedule, and provide construction survey staking. Consultant shall also prepare final as-built drawings Conduct a public hearing on the design and prepare response(s) to public comments Public Meeting to be held at 3219 MacArthur Rd., Whitehall, PA Township will advertise meeting. 2.0 SCHEDULE OF EVENTS: 2.1 The proposed schedule for Proposal processing, selection, negotiation and contract initiation is as follows: Issue Advertisement December 27 and January 03, Pre-Bid Meeting January 17, 11:00 a.m Last Day for Written Questions February 5, Bids due January 30, 3:00 p.m Bids Opened January 31, 3:00 p.m Board Approval/Award Date March 11, Estimated Contract Start Date April 15, Completion Date 18 months from Start date

5 RFP Develop specs for Clean Water Retrofit to Overlook Basin/Woodlawn Channel Page 5 of PROPOSAL FORMAT AND CONTENT: 3.1 LETTER OF TRANSMITTAL MUST INCLUDE: A statement indicating your understanding of the work to be performed. Describe how your personnel, equipment and services will be utilized. Provide details of resources (labor, supplies and equipment) that will or can be dedicated to this contract. An affirmation of the firm's qualifications for professionally and expertly conducting the work as understood. State the names and qualifications of all persons to be assigned major project involvement. List names, addresses and contact numbers of any sub-contractors you intend to use. 3.2 PROFILE OF FIRM: This should be a brief statement indicating the firm's experience in conducting work of the nature sought by this RFP. Advertising brochures on the firm may be submitted as a part of this profile as long as the brochures specifically address the experience of the firm related to the work to be performed. Additionally, this profile should include: The location of the firm's office that will provide the proposed services. A brief reference list of other municipalities served by the firm should be provided with telephone numbers and names of contact persons. Any other information describing the office may be included if it relates to the capabilities and expertise of the firm in doing comparable work. Provide a project schedule 2.4 COST: Provide a detailed estimate of your proposed fee required to accomplish the Scope of Work. 4.0 FACTORS FOR AWARD: 4.1 Whitehall Township will evaluate each written proposal, determine whether oral discussions are necessary, then based on the content of the written proposal and oral discussion, select the firm best qualified for the assignment and which is most advantageous to the Township, cost and all other factors considered. 4.2 Whitehall Township reserves the right to reject any or all respondents. 4.3 Any firm who has demonstrated poor performance during either a current or previous agreement with the Township may be considered as an unqualified source and their proposal may be rejected. The Township reserves the right to exercise the option as is deemed proper and/or necessary.

6 RFP Develop specs for Clean Water Retrofit to Overlook Basin/Woodlawn Channel Page 6 of Employment category rate schedules, administrative function fees and associated unit costs may be considered as factors in determining contract award. All other factors will be equally considered. 4.5 Prior experience and reputation of the proposer in comprehensive plan preparation and reference checks of clients, past and present. 4.6 Overall qualifications, skills and experience of the consultants and the personnel to be assigned to this project. 4.7 The Township Purchasing Agent will issue an "Intent to Award" letter to the selected firm. Final award is contingent on approval by Whitehall s Board of Commissioners. 5.0 INSURANCE: 5.1 The selected firm shall, at its sole cost and expense, procure and maintain in full force and effect covering the performance of the services rendered under this agreement, insurance in the types and limits specified below. In addition to the insurance coverage and limits listed herein, the selected firm shall obtain any other insurance coverage as may be required by law General Liability Insurance: Limits of Liability: $1,000,000 in the aggregate and per occurrence Coverage: Premise operations, blanket contractual liability, personal injury liability (employee exclusion deleted), products and completed operations, independent contractors, employees and volunteers as additional insureds, joint liability, and broad form property damage (including completed operations) Workers' Compensation and Employers' Liability Insurance: Limits of Liability: Workers' Compensation - Statutory Limits. Employers' Liability - Statutory Limits Other States' coverage and Pennsylvania endorsement Automobile Liability: Limit of Liability: $1,000,000 per occurrence combined single limit for bodily injury (including death) and property damage liability Coverage: Owner, non-owned and hired vehicles Professional Liability Insurance: Limit of Liability: $1,000,000 by claim and $2,000,000 in the aggregate Coverage for occurrences happening during the performance of services required under this agreement shall be maintained in full force and effect under the policy. The policy shall include a "tail coverage" if a one (1) or two (2) year period of exposure exists.

7 RFP Develop specs for Clean Water Retrofit to Overlook Basin/Woodlawn Channel Page 7 of All insurance provided for in this section shall be obtained under valid and enforceable policies issued by insurers of recognized responsibility which are licensed to do business in the Commonwealth of Pennsylvania. The Township requires that Certificates of Insurance evidencing the existence of such insurance shall be submitted to the Township at least 10 calendar days before work is begun. If the term of this contract coincides with the term of the selected firm's insurance coverage, a Certificate from the expiring policy will be accepted, but a Certificate evidencing renewed coverage of a new policy must be presented to the Township no later than 30 days after the effective date of the policy. 5.3 With the exception of the Professional Liability Insurance Policy and Automobile Insurance Policy, each policy and Certificate of Insurance shall contain an endorsement naming the Township as additional insured party thereunder; and a provision that at least 30 calendar days prior written notice be given to the Township in the event coverage is canceled or nonrenewed or coverage reduced. 5.4 If the selected firm desires to self-insure any or all of the coverages listed in this section, it shall provide to the Township documentation that such self-insurance has received all the approvals required by law or regulations, as well as the most recent audited financial statement of the selected firm's insurance. Any coverage which is self-insured shall provide the same coverage limits and benefits as the coverages listed in this section. 5.5 The Township reserves the right to review categories and levels of insurance coverage held by the selected firm in an ongoing program of risk management. The selected firm will be notified, in writing, of coverage requirements as determined by this review and the firm agrees to secure such requested coverage. 5.6 If the selected firm fails to obtain or maintain the required insurance, the Township shall have the right to treat such failure as a material breach of the contract and to exercise all appropriate rights and remedies. 5.7 The selected firm shall include all subcontractors as insureds under its policies or shall furnish separate Certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this agreement. 6.0 HOLD HARMLESS CLAUSE: 6.1 Vendor shall be an independent contractor in respect to its performance under the contract, and shall assume all risks and responsibilities for losses of every description in connection with the service that can be attributed either directly or indirectly to the Vendor. The Vendor agrees to indemnify, defend and hold harmless the County, its agents and employees for or on account of any damages, loss or injury including the cost of litigation or legal counsel resulting from, but not limited to, the actions of the Vendor or Vendor's employees, volunteers or contractors, in fulfilling the terms of the Contract.

8 RFP Develop specs for Clean Water Retrofit to Overlook Basin/Woodlawn Channel Page 8 of EXCLUSIVE JURISDICTION: 7.1 The parties agree that any dispute, controversy or claim arising under or in connection with the resulting Agreement or its performance by either party shall be decided exclusively by and in the Court of Common Pleas of Lehigh County, Pennsylvania. For such purpose, each party hereby submits to the personal jurisdiction of the Lehigh Court sitting in Allentown, Pennsylvania, and agrees that service of process may be completed and shall be effective and binding upon the party served if mailed by certified mail, return receipt requested, postage prepaid and properly addressed to the party as set forth elsewhere in the resulting Agreement. Each party waives any objection to the personal jurisdiction of such court and agrees that it shall be barred from asserting any such objection, as long as any process is served in accordance with the foregoing. In the event that a party refuses to accept delivery of such process, then process may be served upon the Secretary of the Commonwealth of Pennsylvania in the same fashion, whereupon such service shall be deemed to have been made upon the refusing party as fully as if process had been accepted. Each party hereby agrees to and does hereby waive any right to assert or move for transfer of venue to any court outside the Commonwealth of Pennsylvania, based upon the doctrine of forum nonconveniens or otherwise. Each party may assert its customary appeal rights in the appellate courts of the Commonwealth of Pennsylvania from a final determination of the Lehigh County Court of Common Pleas. Each party further acknowledges and agrees that this paragraph has been negotiated at arms length with the assistance of counsel and the legal effect fully explained, and that it is a knowing and voluntary agreement. 8.0 FEDERAL EXCISE AND PA SALES TAX: 8.1 Whitehall Township is exempt from Federal Excise Taxes and Pennsylvania Sales Taxes, as a political subdivision of the Commonwealth of Pennsylvania. Net prices as shown in the proposal shall exclude such Federal and State Tax amounts. 8.2 This provision shall not apply to construction, repair and/or maintenance contracts where the bidder purchases supplies, materials and/or equipment for the performance of the contract and includes the costs thereof in computation of the proposal. 9.0 PUBLIC INFORMATION AND SUNSHINE LAWS REQUESTS: 9.1 Under Pennsylvania s Right to Know laws, (65 P.L. 390, sec. 66.1, 66.2, 66.3, 21 June 1957), the public is provided access, at any reasonable time, to any contract dealing with the receipt or disbursement of funds by an agency or its acquisition, use or disposal of services or of supplies, material, equipment or other property. The public is to have access to these public records to have the right to take extracts or make copies of public records and to make photographs of the same while such records are in the possession, custody and control of the lawful custodian of such records. 9.2 The Township will make available, by appointment, all public records of proposals, contracts, etc. at the Office of Purchasing, after award of the contract. Copies may be made in the Office of Purchasing of said public records at the cost of the requesting party for a fee.

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