PHILADELPHIA GAS WORKS REQUEST FOR PROPOSALS FOR

Transcription

1 PHILADELPHIA GAS WORKS REQUEST FOR PROPOSALS FOR Remediation of Mold, Lead-Based Paint and Asbestos-Containing Dated: November 4, 2013 RFP NO.: 28117

2 Table of Contents 1 THE SOLICITATION NOTICE TO PROPOSERS SCHEDULE OF EVENTS PROPOSAL REQUIREMENTS PROJECT DEFINITION AND REQUIREMENTS OVERVIEW OF PGW SCOPE OF WORK DEADLINES PROPOSAL PRICING PROPOSER/PERSONNEL MINIMUM REQUIREMENTS LICENSING INFORMATION/PRODUCT CONFIDENTIALITY MINORITY PARTICIPATION AND CERTAIN REQUIRED DISCLOSURES INSURANCE INDEMNIFICATION CERTIFICATE OF NON-INDEBTEDNESS NON-DISCRIMINATION MACBRIDE PRINCIPLES BONDING GOVERNING LAWS INSTRUCTIONS TO PROPOSERS PROPOSAL PREPARATION REQUIREMENTS DURATION OF PROPOSAL PROPOSER S RESPONSIBILITY PROPOSER INFORMATION PROPOSER QUALIFICATIONS STATEMENT BUSINESS EXPERIENCE FINANCIAL INFORMATION GENERAL LITIGATION DISCLOSURE BUSINESS ORGANIZATION STATEMENT WARRANTIES BY PROPOSER PROPOSAL EVALUATION, NEGOTIATION AND CONTRACT AWARD DISQUALIFICATION OF PROPOSERS QUALIFICATION OF PROPOSERS GENERAL RESERVATION OF RIGHTS Page 2 of 53

3 5.4 AWARD ATTACHMENT A ITEM COST TABLE FOR ACM, LBP AND MOLD REMEDIATION...41 ATTACHMENT B UNIT PRICE/RATE TABLE FOR CERTAIN ACTIVITIES...47 ATTACHMENT C - HYPOTHETICAL ACM, LBP AND MOLD REMEDIATION PROJECT COST PROPOSAL...48 ATTACHMENT D DEMOGRAPHIC SURVEY...50 ATTACHMENT E REQUIRED DISCLOSURE...52 Page 3 of 53

4 1 The Solicitation Notice to Proposers Notice is hereby given that Philadelphia Gas Works ( PGW ) will receive sealed proposals on or before December 4, 2013, 2:30 p.m. Eastern Time, at the PGW Supply Chain Department, 800 W. Montgomery Avenue, Philadelphia, Pennsylvania 19122, for a consultant(s) to provide mold, asbestos and lead-based paint remediation services. This document outlines PGW s objectives, describes the general characteristics of the services to be provided, and (without being exhaustive) outlines the principal obligations of PGW and the selected Proposer(s). Questions concerning this Request for Proposals shall be directed in writing towards Erica Patterson, PGW Supply Chain Department, Erica.Patterson@pgworks.com, with a copy to procurement@pgworks.com or PGW Supply Chain Department, 800 W. Montgomery Avenue, Philadelphia, Pennsylvania Proposers may not contact other PGW personnel regarding this RFP. 1.1 Schedule of Events The projected schedule of events for this Request for Proposals is as follows: Issue Date of the RFP... November 4, 2013 Date by which questions and requests for clarification must be received, in writing, at the office of the person listed above November 12, 2013 Mandatory Meeting and Teleconference, 10:00 a.m. at 800 W. Montgomery Avenue Auditorium... November 21, 2013 Proposal Submission Due Date Must be received, in writing, at the office of the person listed above by 2:30 p.m. (EST)... December 4, 2013 Notification Date... December 18, 2013 Contract Start Date (on or before)... As soon as possible after proposer selection and contract negotiation The Mandatory Telephone Conference is scheduled for 10:00 a.m. on November 7, to answer questions and requests for clarification. Proposers dial as follows: , Access Code: Page 4 of 53

5 These dates are estimates only and PGW reserves the right to alter this schedule as it deems necessary or appropriate. 1.2 Proposal Requirements Proposals shall be accepted only from respondents ( Proposers ) who have: Obtained from PGW a complete set of Proposal Documents and any addenda thereto issued by PGW (sometimes referred to as the RFP ), consisting of the following five (5) sections and five (5) attachments: Sections: 1 The Solicitation Notice to Proposers 2 Project Definition and Requirements 3 Instructions to Proposers 4 Proposer Information 5 Proposal Evaluation, Negotiation and Contract Award Attachments: A Item Cost Table for ACM, LBP and Mold Remediation B Unit Price/Rate Table for Certain Activities C Hypothetical ACM, LBP and Mold Remediation Project Cost Proposal D Demographic Survey E Disclosure Attended the Mandatory pre-proposal meeting described in Section 1.1; and Submitted a proposal pursuant to the instructions in this RFP as set forth in Section 3. In evaluating the proposals, PGW will consider the demonstrated experience and ability of the Proposer to deliver the proposed services, the scope and value of the proposed services and the financial proposal of each Proposer as described in this RFP. PGW hereby solicits proposals in accordance with these Proposal Documents. Page 5 of 53

6 2 Project Definition and Requirements 2.1 Overview of PGW PGW is a municipally-owned utility operated by the Philadelphia Facilities Management Corporation (hereafter referred to as PFMC ). The selected Proposer will enter into a negotiated contract with PGW by PFMC. PGW provides natural gas service to approximately 502,000 active accounts within the city of Philadelphia, using 6,000 miles of gas mains and services. PGW is the only utility currently distributing natural gas within the city of Philadelphia, and its mission is to provide safe, reliable natural gas service to the citizens of Philadelphia at a reasonable cost. PGW includes the following properties: The main campus which is comprised of four (4) buildings: PGW Corporate Offices (800 West Montgomery Avenue) The Transportation Garage (1849 North 9 th Street) 1800 North 9 th Street The meter shop (North 9 th Street and Diamond Street) Two (2) active natural gas processing and distribution facilities: Richmond Plant (3100 East Venango Street) Passyunk Plant (3100 West Passyunk Avenue) Tioga Facility (3000 East Venango Street) Three (3) outlying stations: Porter Station (28 th Street and Porter Street) Castor Station (8301 Castor Avenue) Belfield Station (5138 Belfield Avenue) Six (6) District Offices: Center City D.O. (1137 Chestnut Street) Frankford D.O. (4410 Frankford Avenue) Page 6 of 53

7 Germantown D.O. (212 West Chelten Avenue) North Philadelphia D.O. (1337 West Erie Avenue) South Philadelphia D.O. (1601 South Broad Street) West Philadelphia D.O. (5230 Chestnut Street) In addition to the above mentioned properties, PGW also conducts operations at nine (9) gate stations located in and around the City of Philadelphia. 2.2 Scope of Work PGW is seeking proposals for various activities associated with the remediation of asbestos-containing materials ( ACM ), lead-based paint ( LBP ) and mold at PGW facilities. In addition to the mandatory tasks, safety requirements and facility requirements outlined within this RFP, all work is to be conducted in accordance with all City, State and Federal regulatory requirements, including without limitation those outlined herein. The successful Proposer will remediate ACM, LBP and mold from PGW facilities on an asneeded basis. Additionally, the successful Proposer will remove and properly dispose of all ACM, LBP and mold-impacted materials from PGW facilities on an as-needed basis. Proposers may submit proposals for the remediation of one, two, or all of the materials identified. The use of subcontractors for any part of the remediation work is acceptable. The contractor shall identify the subcontractors in the proposal. Mandatory Tasks 1. The successful Proposer will obtain and maintain, at its sole cost and expense, all permits, licenses; certificates of authority, approvals and inspections required by federal, state and local supervisory agencies for the performance of the services to be provided and will assure that the designated transfer stations and the designated disposal facilities possess all necessary permits, licenses, etc. The successful Proposer will identify the name and location of the disposal facility, and provide proof that the facility has the appropriate permits and licenses. 2. The successful Proposer will commence remediation of the applicable ACM from PGW facilities according to regulations specified in City of Philadelphia Code Chapter Asbestos Project Requirements, EPA NESHAPS regulations and also using methods mandated by U.S. Department of Labor Occupational Safety and Health Administration (OSHA) Standards defined in 29 CFR within two (2) weeks after notification by PGW. Page 7 of 53

8 3. The successful Proposer will commence remediation of LBP and mold from PGW facilities in accordance with industry standards, common practices, and applicable laws within two (2) weeks after notification of the project by PGW. 4. The successful Proposer will supply all manpower, equipment and supervision to complete the agreed upon scope of work. 5. The successful Proposer will commence remediation of all mold, LBP and/or ACM from PGW facilities by utilizing their own supplied equipment and vehicles or subcontracted equipment and vehicles. 6. All materials will be removed and transported from PGW facilities for off-site disposal or treatment in accordance with all applicable federal, state and local laws, rules and regulations, including those specified in the section entitled Disposal Facility Requirements. 7. The successful Proposer will provide PGW with a legible, completed copy of all manifests properly identifying all materials and wastes being removed for off-site disposal. Each manifest must include all required EPA identification numbers and addresses for all disposal and transfer facilities utilized. 8. The successful Proposer will provide PGW with twenty-four (24) hours notice prior to removing any hazardous material for off-site disposal. 9. After remediation activities are complete, the successful Proposer will remove all equipment, materials and debris associated with the LBP, mold or ACM remediation from the worksite. 10. The successful Proposer will supply PGW with a technical report that provides an overview of the methods utilized for mold, LBP and/or ACM remediation, a summary of the completed work and remediation timeframe in addition to the disposal site locations and corresponding dates of disposal for all mold-impacted materials or ACM removed from the site for off-site disposal or treatment. A certificate of disposal will be issued where applicable. Optional Tasks In addition to the mandatory tasks listed above, additional related tasks may be requested to be performed by the successful Proposer as needed. Asbestos Remediation on Distribution System Pipelines One potential optional task includes the removal of ACM from PGW s distribution infrastructure, including the removal of asbestos containing coal tar wrap from pipes and asbestos containing gaskets from valves. In addition to the required Asbestos Hazard Emergency Response Act (AHERA) training requirements for removing ACM from the PGW distribution system, there are additional Page 8 of 53

9 requirements of the Pipeline and Hazardous Materials Safety Administration (PHMSA). In order to conduct the work in question, the Successful Proposer must adhere to the PHMSA requirements as stated in 49 CFR part 199 (PHMSA drug and alcohol testing regulation) and 49 CFR part 40 (DOT drug and alcohol testing regulation). Instructions for performing this work will be provided to the Successful Proposer in the event that PGW opts to use the Successful Proposer for this task. This asbestos remediation on distribution system pipelines is an optional task, although PGW prefers that Proposer have the ability to perform this task. Proposers do not need to have the ability to perform this task and shall state in the proposal whether such task can be performed by Proposer if needed by PGW. Minimum Materials to be Provided by the Successful Proposer for ACM 1. The successful Proposer must conduct all asbestos-related activities described in this RFP in accordance with the Asbestos Control Regulation of the Board of Health of the City of Philadelphia. This Regulation was adopted pursuant to Title 6, Health Code, of the Philadelphia Code, specifically Chapter 6-600, Asbestos Projects, which provides for the establishment of certain standards, procedures and other requirements for the remediation, enclosure or encapsulation of asbestos or any other activity which disturbs or damages asbestos. 2. The successful Proposer must utilize clear 6 mil thick leak-tight polyethylene bags for containment of ACM in accordance with EPA NESHAPS regulations, OSHA 29 CFR 1926 and the U.S. Department of Transportation Hazardous Waste Hauling Regulation. 3. The successful Proposer must follow guidance provided by PGW s asbestos project inspector to ensure that work is completed to the satisfaction of PGW. In addition, the successful Proposer must cooperate to allow for performance of air sampling activities. 4. The successful Proposer must label all waste items bagged or wrapped in polyethylene. These labels will be in accordance with OSHA 29 CFR 1926 and the U.S. Department of Transportation Hazardous Waste Hauling Regulation HM The successful Proposer must utilize ladders with slip-protection, scaffolding and aerial lift equipment as needed for ACM remediation. All ladders used will be in accordance with 29 CFR Part , all scaffolding will be in accordance with 29 CFR Part , and all aerial lifts will be in accordance with 29 CFR Part The successful Proposer is required to designate regulated ACM remediation areas, implement and conduct exposure assessment and monitoring and utilize PPE for protection of asbestos workers conducting ACM remediation in accordance with OSHA 29 CFR and 40 CFR Part 61. In addition, the successful Proposer must utilize appropriate personnel protective equipment ( PPE ) according to PGW Safety Requirements (see below). Page 9 of 53

10 7. The successful Proposer is required to use adequate fall protection when working on structures that require the contractor to work at elevated heights of 6 feet above the ground or higher. The fall protection equipment utilized should be in accordance with OSHA 29 CFR The successful Proposer must supply and post warning placards in areas where the ACM is being removed or staged. The placards utilized should be in accordance with OSHA 29 CFR (k) (1). 9. Any other materials or personnel deemed necessary for the contractor to complete the scope of work should be identified in Attachment B Unit Rates for Certain Activities. 10. The successful Proposer will prepare proposals and provide the requested services in a reasonable timeframe as not to delay the PGW project. Safety Requirements PGW facilities include various types of properties, including two (2) active natural gas processing and distribution facilities known as the Richmond Plant and Passyunk Plant. PPE is required to be worn by all personnel authorized to enter these facilities, and must be worn at all times while within the facility. All workers must wear steel-tipped boots, hard hats, safety glasses, and flame resistant clothing meeting the National Fire Protection Association (NFPA) 2112 Standard under the Tyvek PPE. All PPE must be supplied by the Successful Proposer while conducting remediation and disposal activities at these facilities. In addition to the mandatory use of PPE, the Successful Proposer must abide by specific safety requirements at the PGW Richmond and Passyunk Plants. All contractors are required to fill out and submit daily PGW work permits to PGW Plant Protection. These work permits are to be submitted to PGW Plant Protection for approval by 2:00PM on the day prior to conducting any work activities within the PGW Passyunk Plant, for each day that work activities are planned to occur. The Successful Proposer will also be required to arrange for their workers to view a 30 minute safety video prior to commencing any work activities within the Plants. The video needs to be viewed one time by each worker who is new to the Plants. Presentation of the safety video is to be arranged through PGW Plant Protection. By submitting its proposal, each Proposer warrants that it is aware of and understands the hazards which are presented to persons, property, and the environment in the performing of transportation, storage, remediation and disposal services as described in this RFP. The successful Proposer will transport, store, remediate and dispose of such materials in full compliance with all applicable governmental laws, regulations and orders. If the scope of services requires off-site storage, treatment or disposal of wastes, the selected storage, treatment, and/or disposal facilities described in the work plan must be appropriately licensed and permitted to store, treat, or dispose of the waste, materials or hazardous substances detailed within the work plan. In the event the storage or disposal facility loses its permitted status hereafter during the term of this agreement, PGW must be promptly notified. Page 10 of 53

11 Disposal Facility Requirements Upon the date of submission of a proposal to this RFP, all proposed transporters, transfer stations and disposal facilities to be utilized will have the requisite environmental permits or licenses. From the commencement date of the contract between PGW and the successful Proposer and continuing throughout the term of such contract, the transporters, transfer stations and disposal facilities will maintain compliance with all applicable existing and future federal, state and local laws, ordinances, rules, regulations, and requirements. The successful Proposer will certify such compliance to PGW and, upon request, provide evidence of such compliance. The disposal facilities may be a landfill, a recycling facility or a resource recovery facility. In any case, the disposal facilities will be designed to provide the maximum environmental protection and the least environmental impact practicable. Specifically, if the disposal facility is a landfill it must be designed and operated in accordance with applicable federal, state and local environmental regulatory requirements but in no case to a lesser standard than those stated in the Part 258 Standards under RCRA Subtitle D and, if in Pennsylvania, those stated in 25 PA Code, Chapter 273, as may be amended from time to time. If the disposal facility is a resource recovery or waste-to-energy facility it must be designed and operated in accordance with applicable federal, state and local environmental regulatory requirements but in no case to a lesser standard than those stated in the Section 111(d) Emission Guidelines for Municipal Waste Combustors under the Clean Air Act Amendments and, if in Pennsylvania, 25 PA Code, Chapter 283, as may be amended from time to time. PGW may schedule visits to the disposal facility proposed to be utilized for this project, so that PGW can inspect such proposed facility. During the facility visits, Proposers must ensure that appropriate personnel are available to answer any PGW questions. Site Logistics PGW will provide the successful Proposer with water and electricity for on-site use (unless otherwise specified), as well as labor for blanking off tanks and lock-out of utilities where ongoing project work affects active Plant operations or other PGW facilities. The successful Proposer will be required to provide their own additional on-site support facilities (such as office trailers, portable toilets, dumpsters, high lifts, and scaffolding) for use as needed. All waste water generated must be containerized and sampled for determination of treatment and/or disposal options prior to conducting any discharge and/or off-site disposal activities. Waste water that has been characterized as safe for placement to a sanitary sewer may be discharged using the PGW Passyunk facility infrastructure pending review of analytical data and approval from PGW, and if necessary, the Philadelphia Water Department. 2.3 Deadlines All notifications must be placed with the City of Philadelphia prior to conducting any asbestos remediation activities. The mold, LBP and asbestos remediation work may begin as early as January 2, Page 11 of 53

12 Through the duration of the contract, the successful Proposer must be available on a standby basis to remediate all mold, LBP and ACM. PGW expects the successful Proposer to be available for ACM, LBP and mold remediation within two (2) weeks of notice by PGW. Proposers will provide a tentative timetable of activities on a per project basis. The term of the contract with the successful Proposer(s) shall be for one (1) year with the option of extending the term of the contract for up to three (3) additional one (1) year terms, unless earlier terminated by PGW. 2.4 Proposal Pricing Each proposal must provide unit prices associated with the time and materials required to complete the work identified in this RFP. Each Proposer must submit a completed Attachment A to identify the costs associated with the tasks listed therein. Also, each Proposer must complete Attachment B, which details unit rates and prices for additional unexpected items that may need to be utilized at PGW s direction during the course of the mold, LBP and ACM remediation activities. Attachment C contains a hypothetical LBP, mold and ACM remediation scenario. Each Proposer shall summarize the actions to complete the remediation process and provide a total cost. The Proposers shall itemize the trades, time and rates comprising the total project cost. Proposers may use the form provided or their individual firms proposal pricing form. Payment will be by invoice, and reviewed and approved by PGW. Invoices will contain sufficient detail such that an evaluation of proper unit costs can be made. Each proposal will include a list of all subcontractors that the Proposer intends to utilize in order to complete the scope of work described herein. 2.5 Proposer/Personnel Minimum Requirements All workers will be experienced in the work required to perform the services that are the subject of this RFP. References of previous experience will be provided in the proposal. All Contractors and Subcontractors that handle hazardous wastes must utilize personnel with active Federal HAZWOPER certifications. All Contractors and Subcontractors that transport hazardous or non-hazardous materials for offsite disposal must hold applicable State and Federal certifications, permits and/or licensing. All Contractors and Subcontractors conducting off-site storage, disposal or treatment of waste must utilize a facility that is appropriate for the waste being stored, disposed or treated, and must be a facility that is licensed and permitted to store, Page 12 of 53

13 treat or dispose of the waste, materials or hazardous substances in good standing with all applicable City, State, and Federal regulations, certifications and codes. Prior to the commencement of services hereunder, Proposer will provide PGW with verification that a criminal background check for the previous seven (7) years has been completed for each person performing services hereunder, and that no criminal history was found. Proposer will utilize a labor force that will not lead to any stoppages, picketing or other labor disturbances. Proposer s indemnification pursuant to this RFP will include any claims or losses arising from any labor disturbance. 2.6 Licensing The successful Proposer(s) must possess all appropriate asbestos certifications as mandated by City of Philadelphia Code Chapter Asbestos Project Requirements. LBP and mold remediation licenses must be possessed for LBP, or mold remediation work as required by the City of Philadelphia or the State of Pennsylvania. The Proposer must be authorized to do business in the Commonwealth of Pennsylvania and comply with all pertinent state and federal requirements, codes and regulations. If Proposer is a "business" as defined in The Philadelphia Code, Section , Proposer must have a valid commercial activity license, issued by the City of Philadelphia's Department of Licenses and Inspections, to do business in the City of Philadelphia, prior to entering into any contract with PGW. 2.7 Information/Product All reports, surveys, tables, charts, diagrams, design work, product recordings and other data (including electronic, audio and video) or documentation prepared or compiled by Proposer in connection with the performance of its obligations under the contract, shall be the sole and exclusive property of PGW. Proposer shall retain in its files sufficiently detailed working papers relevant to its engagement with PGW. Proposer further agrees that its working papers will be held in the strictest confidence and will not be disclosed or otherwise made available to outside sources, except as required by law, without the written consent of PGW. 2.8 Confidentiality Materials provided in connection with this RFP may include confidential proprietary information of PGW. Proposers shall hold in confidence and not disclose or reveal to any person or entity any such information without the prior written consent of PGW. Proposers Page 13 of 53

14 may use such information solely in connection with preparation of a proposal pursuant to this RFP. Proposer must agree to keep confidential any and all information concerning the plans, operations or activities of PGW which may be divulged by PGW or ascertained by Proposer in the course of performing services under any contract with PGW. In the event Proposer is required to disclose confidential information pursuant to a subpoena, order of a court, or other legal process, Proposer will, upon notice of such required disclosure and prior to disclosure, immediately notify PGW and allow PGW the opportunity to inspect the information subject to disclosure, and in the event such disclosure is objectionable under any standard or rule of the court, Proposer will exhaust all legal means to prevent disclosure. 2.9 Minority Participation and Certain Required Disclosures In accordance with the City of Philadelphia s contract reform legislation, codified as The Philadelphia Code Title 17 Chapter , persons and entities who wish to provide goods and services to PGW must provide certain information about contributions they have made to elected City officials or candidates for City offices. All Proposers must complete Attachment E and include such completed attachment with their proposal. Please note that the successful Proposer will be required to update such disclosure during the term of its agreement with PGW and for one year thereafter. Proposers must also complete Attachment D (Demographic Survey), attached hereto and submit same with their proposals. PGW has established an anti-discrimination policy relating to the participation of Minority, Women, and Disabled businesses and persons (collectively, DBEs ) in contracts. The purpose of PGW s DBE policy is to provide equal opportunity for all businesses and persons and to assure that PGW funds are not used, directly or indirectly, to promote, reinforce or perpetuate discriminatory practices. For this project, PGW has established the following participation goals: MBE 15-20% WBE 5-10% The Proposer s DBE should submit a participation plan with their Proposal for PGW s review and approval. The Proposer must use its best efforts to comply with and/or exceed such goals Insurance Proposer will procure and maintain, at its own cost and expense, insurance with companies that have an A. M. Best's rating of not less than A- and acceptable to Philadelphia Gas Works, the following coverage with limits not less than stipulated below. Page 14 of 53

15 Philadelphia Gas Works, Philadelphia Facilities Management Corporation, and the City of Philadelphia and their respective officers, employees, directors, boards, commissions and agents, shall be included as Additional Insureds on the General Liability, Automobile Liability and Excess/Umbrella Liability Insurance policies. An endorsement is required stating that Proposer s policies affording Additional Insured status will be primary to any other coverage available to Philadelphia Gas Works, Philadelphia Facilities Management Corporation, and the City of Philadelphia and their respective officers, employees, directors, boards, commissions and agents, and any insurance maintained by PGW will be excess and noncontributory. No act or omission of PGW, PFMC, and/or the City of Philadelphia and their respective officers, employees, directors, boards, commissions and agents, shall invalidate the coverage. WORKERS COMPENSATION AND EMPLOYERS LIABILITY. Workers Compensation Insurance as required by statute. Employers Liability coverage to be carried with limits of not less than $1,000,000/per accident, $1,000,000/disease (policy limit), $1,000,000/disease (each employee). COMMERCIAL GENERAL LIABILITY. Commercial General Liability is required with limits of not less than $1,000,000 Bodily Injury and Property Damage Each Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate and $1,000,000 Personal/Advertising Injury. Coverage must include Pollution Liability (slow & gradual and sudden & accidental). Coverage will apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, which results in Bodily Injury or Property Damage. Bodily Injury will include, but not be limited to, physical injury to any person, sickness, disease, mental anguish or shock sustained by any person, including death. Property Damage will include, but not be limited to, physical injury to or destruction of tangible property including the resulting loss of use thereof; clean up costs, and the loss of use of tangible property that has not been physically injured or destroyed. Coverage will also include Defense Costs, including charges and expenses incurred in the investigation, adjustment of defense of claim for such compensatory damages. This policy will also cover liability arising from liability assumed under an insured contract (including the tort liability of another assumed in a business contract) and Personal Injury (including, but not limited to, coverage for defamation, malicious prosecution and slander). Products/Completed Operations coverage must be included and maintained for at least three (3) years beyond completion of the work required by contract in accordance with the terms thereof. ISO endorsement CG (Contractual Liability Limitation) will not apply to this contract. This insurance will be excess over any other insurance, whether primary, excess, contingent or on any other basis, that is available to the contractor or its subcontractor covering liability for damages because of Bodily Injury or Property Damage for which the contractor has been included as an Additional Insured. Such policy must contain a Severability of Interests clause. Philadelphia Gas Works, Philadelphia Facilities Management Corporation, and the City of Philadelphia, Page 15 of 53

16 and their respective officers, employees, directors, boards, commissions, and agents will be included as Additional Insureds. The Additional Insured Endorsement(s) should also include Products/Completed Operations and your work. ISO endorsement CG or equivalent should be attached to policy. A copy of the actual Additional Insured Endorsement is required. AUTOMOBILE LIABILITY. Business Automobile Liability covering all owned, nonowned and hired autos is required with limits of not less than $1,000,000 Combined Single Limit for Bodily Injury and Property Damage, $5,000,000 if hazardous materials or waste are to be transported. Such policy must contain a "Severability of Interests" clause. Motor Carrier Safety Act (MCS90) and CA9948 Endorsements are to be attached if hazardous materials or waste are to be transported. Such policy must contain a Severability of Interests clause. Philadelphia Gas Works, Philadelphia Facilities Management Corporation, and the City of Philadelphia, and their respective officers, employees, directors, boards, commissions, and agents will be included as Additional Insureds. A copy of the actual Additional Insured Endorsement or policy wording is required. EXCESS/UMBRELLA LIABILITY. Proposer will provide evidence of Excess/Umbrella Liability Insurance with limits of not less than $5,000,000 in any one claim or occurrence. The Excess/Umbrella policy shall follow form and be excess of all underlying insurance required by this contract except Professional Liability/Errors & Omissions coverage as outlined below. Philadelphia Gas Works, Philadelphia Facility Management Corporation, and the City of Philadelphia, and their respective officers, employees, directors, boards, commissions, and agents will be included as Additional Insureds. A copy of the actual Additional Insured Endorsement or policy wording is required. PROFESSIONAL LIABILITY/ERRORS & OMISSIONS COVERAGE. Evidence of Professional Liability/Errors & Omissions Coverage must be provided, including Pollution Liability if applicable, for limits of not less than $2,000,000, with a deductible not to exceed $50,000. Errors & Omissions coverage will be applicable to any occurrence arising out of the performance of services required under the Professional Services Contract and, if applicable, shall cover liability arising from information technology services including, but not limited to, intellectual property infringement, privacy infringement, software development services and computer or electronic information technology services. Policy may not exclude asbestos or mold. Coverage under an occurrence form will be maintained in full force and effect under the policy during the contract period. Under a claims made form, continuous coverage is required. Should an Extended Discovery Period or tail coverage be required in the event coverage is terminated, such coverage must be maintained for a period of not less than three (3) years. Coverage will apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, Page 16 of 53

17 contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, which results in Bodily Injury or Property Damage. CONTRACTORS POLLUTION LIABILITY. Proposer will carry Contractors Pollution Liability (CPL) Insurance on an occurrence basis with a minimum limit of $2,000,000 each claim and a $4,000,000 aggregate, with a deductible not to exceed $100,000. Policy may not exclude asbestos or mold. Coverage under an occurrence form will be maintained in full force and effect under the policy during the contract period. Under claims made form, continuous coverage is required. Should an Extended Discovery Period or tail coverage be required in the event coverage is terminated, such coverage must be maintained for a period of not less than three (3) years. Philadelphia Gas Works, Philadelphia Facilities Management Corporation, the City of Philadelphia, and their respective officers, employees, directors, boards, commissions, and agents will be included as Additional Insureds. A copy of the actual Additional Insured Endorsement is required. Coverage will apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, which results in Bodily Injury or Property Damage. POLLUTION LEGAL LIABILITY. Proposer or its subcontractor will carry Pollution Legal Liability (PLL) Insurance on an occurrence basis with a minimum limit of $5,000,000 each claim and a $5,000,000 aggregate with a deductible not to exceed $100,000. Policy may not exclude asbestos. Philadelphia Gas Works, Philadelphia Facilities Management Corporation, the City of Philadelphia, and their respective officers, employees, directors, boards, commissions, and agents, will be included as Additional Insureds. A copy of the actual Additional Insured Endorsement is required. Coverage will apply to slow & gradual and sudden & non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, which results in Bodily Injury or Property Damage. Bodily Injury will include, but not be limited to, physical injury to any person, sickness, disease, mental anguish or shock sustained by any person, including death. Property Damage will include, but not be limited to, physical injury to or destruction of tangible property including the resulting loss of use thereof; clean up costs, and the loss of use of tangible property that has not been physically injured or destroyed. Coverage will also include Defense Costs, including charges and expenses incurred in the investigation, adjustment or defense of claim for such compensatory damages. Page 17 of 53

18 ADDITIONAL PROVISIONS A certificate of insurance evidencing all of the above coverage will be filed with PGW prior to the commencement of work. Renewal certificates and policies, as required, will be forwarded to PGW for as long as contractor performs work hereunder. All certificates and policies will contain a provision that coverage afforded will not be cancelled or materially altered until after at least thirty (30) days prior written notice has been given to PGW. It will be the responsibility of the successful Proposer to ensure that all subcontractors carry insurance of not less than coverage and limits specified herein except to the extent that PGW s Risk Manager may agree to lower limits on a case by case basis depending on the nature of the subcontractor's work. Proper evidence of this compliance must be forwarded to PGW prior to the inception of any work by subcontractor Indemnification The Proposer will be required in the contract to protect, defend, indemnify and hold harmless PGW, Philadelphia Facilities Management Corporation (PFMC), and the City of Philadelphia, and their respective officers, directors, boards, commissions, commissioners, agents, contractors, employees and/or their invitees, from and against any and all demands, fines, penalties, losses, costs (including, but not limited to, litigation and settlement costs and reasonable counsel fees), claims, suits, actions, causes of action, damages, liability and expenses including, but not limited to, those in connection with loss of life, bodily injury, personal injury, damage to property (including the property of any of them and including but not limited to customer information), hazardous substances, contamination or adverse effects on the environment, failure to pay subcontractors and suppliers, any breach of the agreement, and any infringement or violation of any proprietary right (including, but not limited to, patent, copyright, trademark, service mark and trade secret) arising out of or resulting from the successful Proposer s acts or omissions or negligence or the acts or omissions or negligence of the successful Proposer s agents, subcontractors, officers, employees or servants under or in connection with the agreement. This obligation to indemnify, defend and hold harmless PGW, PFMC, the City of Philadelphia and each of their respective employees, officers, directors, commissions, commissioners, agents, contractors, employees and/or invitees, shall survive the termination of the agreement. The successful Proposer s indemnification shall expressly include any claims for personal injuries or death made by or on behalf of the successful Proposer s employees against PGW, PFMC, the City of Philadelphia and each of their respective employees, officers, directors, commissions, commissioners, agents, contractors, employees and/or invitees. Without limiting the generality of the foregoing, the above indemnification provisions extend to Environmental Impact Claims. Environmental Impact Claim is defined as any claim, suit, judgment, cost, loss or expense (including attorney s fees) which arises out of, is related to, or is based on the actual or threatened dispersal, discharge, escape, release or saturation of chemicals, liquids, gasses or any other material, irritant, contaminant or pollutant into the atmosphere, or on, onto, upon, in or into the surface or subsurface (a) soil, Page 18 of 53

19 (b) water or water course, (c) objects, or (d) any tangible or intangible matter, whether sudden or not. PGW does not indemnify Certificate of Non-Indebtedness The Proposer will be required to certify and represent that Proposer and Proposer s parent company(ies) and subsidiary(ies) are not indebted (at the time of signing of the contract) to the City of Philadelphia, PGW or PFMC (collectively the City ), and will not at any time during the term of the contract (including any extensions or renewals thereof) be indebted to the City, for or on account of any delinquent taxes (including, but not limited to, taxes collected by the City on behalf of the School District of Philadelphia), liens, judgments, fees or other debts for which no written contract or payment plan satisfactory to the City has been established. In addition to any other rights or remedies available to PGW at law or in equity, Proposer acknowledges that upon any breach or failure to conform to such certification PGW shall have the right to, and may, at the option of PGW, withhold payments otherwise due to Proposer, and, if such breach or failure is not resolved to PGW s satisfaction within a reasonable time frame as specified by PGW in writing, this will offset any such indebtedness against said payments and/or terminate the contract for default (in which case Proposer shall be liable for all excess costs and other damages including reasonable attorneys fees resulting from the termination) Non-Discrimination Proposer shall not discriminate or permit discrimination against any person because of race, color, religion, national origin, sex or sexual orientation. In the event of such discrimination, PGW may, in addition to any other rights or remedies available under the contract, at law or in equity, terminate any contract with Proposer forthwith. Proposer shall comply with the provisions of Title VII of the Civil Rights Act of 1964 (42 U.S.C. 200d et seq.), 504 of the Federal Rehabilitation Act of 1973 (29 U.S.C. 794), The Age Discrimination Act of 1975, (42 U.S.C et seq.), Title IX of the Education Amendments of 1972, (20 U.S.C. 1681), and 45 C.F.R. Part 92, as they may be amended from time to time, which together prohibit discrimination on the basis of race, color, national origin, sex, handicap, age and religion. Proposer understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in any contract of Proposer with PGW or from activities or services provided under such contract. As a condition of accepting and executing such contract, Proposer shall comply with all provisions of the Americans with Disabilities Act, 42 U.S.C et seq., and all regulations promulgated thereunder, as the Act and regulations may be amended from time to time, which are applicable (a) to Proposer, (b) to the benefits, services, activities, facilities and programs provided in Page 19 of 53

20 connection with the contract, (c) to PGW, or the Commonwealth of Pennsylvania, and (d) to the benefits, services, activities, facilities and programs of PGW or of the Commonwealth. Without limiting the generality of the preceding sentence, Proposer shall comply with the General Prohibitions Against Discrimination, 28 C.F.R , and all other regulations promulgated under Title II of The Americans with Disabilities Act, as they may be amended from time to time, which are applicable to the benefits, services, programs and activities provided by PGW through contracts with outsider contractors MacBride Principles Proposer certifies and represents that, to the best of its knowledge: (i) Proposer (including any affiliates under its direct control) does not have, and will not have at anytime during the term of any contract with PGW (including any extension or renewal thereof), any investments, licenses, franchises, management agreements or operations in Northern Ireland, and (ii) no product to be provided under any contract with PGW will originate in Northern Ireland, unless Proposer has implemented the fair employment principles embodied in the MacBride Principles. In the performance of any contract with PGW, Proposer covenants that it will not utilize any suppliers or subcontractors at any tier (i) who have (or whose parent, subsidiary, exclusive distributor or affiliates have) any investments, licenses, franchises, management agreements or operations in Northern Ireland, or (ii) who will provide products originating in Northern Ireland unless said supplier or subcontractor has implemented the fair employment principles embodied in the MacBride Principles. Proposer further covenants to include the provisions of this paragraph, with appropriate adjustments for the identity of the parties, in all subcontracts and supply agreements which are entered into in connection with the performance of any contract with PGW. Proposer covenants that it will cooperate with PGW and City s Director of Finance in any manner which PGW and the said Director deem reasonable and necessary to carry out PGW s and the Director s responsibilities under Section of the Philadelphia Code which embodies the requirements set forth in this section. Proposer understands and agrees that any false certification or representation in connection with this section and any failure to comply with the provisions of this section shall constitute a material breach of any contract with PGW entitling PGW to all rights and remedies provided therein or otherwise available in law (including, but not limited to, Section of the Philadelphia Code) or equity. In addition, Proposer understands that false certification or representation in connection with this section is subject to prosecution under Title 18 Pa.C.S.A. Section Bonding Upon the execution of the contract, the successful Proposer(s) shall, at its sole cost and expense, provide PGW with 100% performance bonding in a form and with a surety acceptable to PGW, as security for the faithful performance of and compliance with all the terms and conditions of the contract. PGW and PFMC shall be named as obligees thereon. Page 20 of 53

21 Bonding shall be for the duration of the term of the contract, and any all renewal terms or shall be renewed in a sequence to achieve such duration. The cost of bonds should be separately identified by the Proposer in its proposal. Governing Laws Any contract entered into by PGW will be executed in and will be governed by the laws of the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) regulates the disposal of non-hazardous and hazardous waste under the authority of the federal Resource Conservation and Recovery Act (RCRA) and the United States Environmental Protection Agency (U.S. EPA). The following sections from the Code of Federal Regulations (CFR), Rules and Regulations of the PADEP (PA Title 25), and laws of the City of Philadelphia are pertinent to the classification, transportation, and disposal of all wastes associated with this RFP: 29 CFR Part U.S. Dept. of Labor OSHA Hazardous Waste Operations and Emergency Response Regulations 29 CFR Part K (I) (ii) U.S. Dept. of Labor OSHA Regulations on Hazard Placards 29 CFR Part U.S. Dept. of Labor OSHA Regulations on Fall Protection 29 CFR Part U.S. Dept. of Labor OSHA Regulations on Scaffolding 29 CFR Part U.S. Dept. of Labor OSHA Regulations on Aerial Lifts 29 CFR Part U.S. Dept. of Labor OSHA Regulations on Slip Protection for Ladders 29 CFR Part U.S. Dept. of Labor OSHA Regulations on Asbestos Exposure as defined in 29 CFR (b) 40 CFR Part 61 National Emission Standards on Hazardous Air Pollutants 40 CFR Parts 239 to 258 U.S. EPA Solid Waste Regulations 40 CFR Parts U.S. EPA Hazardous Waste Management Regulations Page 21 of 53

22 40 CFR Part 302 U.S. EPA Hazardous Materials Release Requirements 49 CFR Parts U.S. DOT Hazardous Materials Regulations PA Title 25, Chapters PA Title 25, Chapter 273 PA Title 25, Chapter 279 PA Title 25, Chapter 283 PA Title 25, Chapters City of Philadelphia Code Chapter City of Philadelphia Code Chapter City of Philadelphia Code Chapter City of Philadelphia Code Chapter 4F PADEP Hazardous Waste Disposal Regulations PADEP Municipal Waste Landfill Regulations PADEP Transfer Facility Regulations PADEP Resource Recovery and Other Processing Facilities Regulations PADEP Residual Waste Management Regulations City of Philadelphia Asbestos Project Requirements Lead Requirements Mold Requirements City of Philadelphia Fire Code Requirements Page 22 of 53

23 3 Instructions to Proposers 3.1 Proposal Preparation Requirements Proposals must be prepared in English on 8 ½ x 11 inch paper with tabbed indexes separating the following six (6) completed sections in the following order: Tab 1: Transmittal letter Tab 2: Scope of Work. A proposed and detailed scope of work satisfying the Project objectives, tasks and deliverables outlined in this document and its appendices and identify all associated assumptions. Any areas that are beyond the scope of work should be clearly identified Tab 3: Proposal Pricing Tab 4: Completed Section 4 (Proposer Information) of this RFP. All Proposals must include the following information and be signed (at the end of Section 4) as follows: If the Proposal is made by an individual, the Proposal must be signed by the individual, the individual s full name must be typed or printed under the signature line and the Proposal must include the individual s mailing address If the Proposal is made by a partnership, the Proposal must: a) be signed by at least one of the general partners with authority to bind the partnership and the name of the general partner must be typed or printed under the signature line; b) include the name and mailing address of the partnership; and c) attach a copy of the partnership agreement, or other document authorizing the general partner to sign the Proposal to bind the partnership; If a corporation makes the Proposal, the Proposal must: a) be signed by the president or vice president of the corporation, and the secretary or treasurer must attest the signature and the names of the corporate officers must be typed or printed under the signature lines; Page 23 of 53