PHILADELPHIA GAS WORKS REQUEST FOR PROPOSALS FOR REMEDIATION OF ASBESTOS-CONTAINING MATERIAL, LEAD, AND MOLD AT PGW FACILITIES

Transcription

1 PHILADELPHIA GAS WORKS REQUEST FOR PROPOSALS FOR REMEDIATION OF ASBESTOS-CONTAINING MATERIAL, LEAD, AND MOLD AT PGW FACILITIES Dated: October 23 rd, 2017 RFP NO.: 31928

2 Table of Contents 1 THE SOLICITATION NOTICE TO PROPOSERS SCHEDULE OF EVENTS PROPOSAL REQUIREMENTS PROJECT DEFINITION AND REQUIREMENTS OVERVIEW SERVICES TO BE PROVIDED; SCOPE OF WORK TERM PROPOSAL PRICING PROPOSER/PERSONNEL MINIMUM REQUIREMENTS LICENSING INFORMATION/PRODUCT CONFIDENTIALITY MINORITY PARTICIPATION INSURANCE INDEMNIFICATION CERTIFICATE OF NON-INDEBTEDNESS NON-DISCRIMINATION MACBRIDE PRINCIPLES GOVERNING LAWS CERTAIN REQUIRED DISCLOSURES 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 AWARD Page 2 of 51

3 ATTACHMENT A ITEM COST TABLE FOR ACM, LEAD, AND MOLD REMEDIATION...41 ATTACHMENT B - HYPOTHETICAL REMEDIATION PROJECT COST PROPOSAL...46 ATTACHMENT C DEMOGRAPHIC SURVEY...48 ATTACHMENT D REQUIRED DISCLOSURE...50 Page 3 of 51

4 1 The Solicitation Notice to Proposers Notice is hereby given that Philadelphia Gas Works ( PGW ) will receive sealed proposals on or before December 6, 2017, 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 asbestos-containing material, lead, and mold 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. Questions concerning this Request for Proposals shall be directed in writing towards Renju M Kuruvilla, PGW Supply Chain Department, fax: , Renju.Kuruvilla@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... October 23, 2017 Questions and requests for clarification or information must be received, in writing, at the office of the person listed above by 5 p.m. (EST)... November 6, 2017 Date by which answers to submitted questions will be provided to Proposers... November 13, 2017 Non-Mandatory Telephone Conference, 10:00 a.m.... November 15, 2017 Dial In Number: (215) ; Conference ID: Proposal Submission Due Date Must be received, in writing, at the office of the person listed above by 2:30 p.m. (EST)... December 6, 2017 Notification Date... December 13, 2017 Contract Start Date... February 3, 2017 The Non-Mandatory Telephone Conference is scheduled for 10:00 a.m. on November 15, 2017 to answer questions and requests for clarification. Proposers who choose to participate should dial as follows: Dial In Number: (215) ; Conference ID: These dates are estimates only and PGW reserves the right to alter this schedule as it deems necessary or appropriate. Page 4 of 51

5 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 four (4) 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, Lead, and Mold Remediation B C D Hypothetical Remediation Project Cost Proposal Demographic Survey Disclosure Form 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(s) 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 may elect to award contracts to more than one Proposer. PGW hereby solicits proposals in accordance with these Proposal Documents. Page 5 of 51

6 2 Project Definition and Requirements 2.1 Overview Overview of PGW PGW is a municipally-owned utility operated by the Philadelphia Facilities Management Corporation (hereafter referred to as PFMC ). The successful 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 Background PGW currently manages the following properties: The main campus which is comprised of four (4) buildings: PGW Corporate Office (800 West Montgomery Avenue; Philadelphia, PA 19122) Transportation Garage (1849 North 9 th Street; Philadelphia, PA 19122) 1800 Office Building (1800 North 9 th Street; Philadelphia, PA 19122) Meter Shop ( West Diamond Street; Philadelphia, PA 19122) Two (2) active natural gas processing and distribution facilities: Richmond Plant (3100 East Venango Street; Philadelphia, PA 19134) Passyunk Plant (3100 West Passyunk Avenue; Philadelphia, PA 19145) Tioga Facility (3000 East Venango Street; Philadelphia, PA 19134) Former Franklin Smelting and Refining Corp. Parcels D&E (3100 Castor Avenue; Philadelphia, PA 19134) Three (3) outlying stations: Porter Station (28 th Street and Porter Street; Philadelphia, PA 19145) Castor Station (8301 Castor Avenue; Philadelphia, PA 19152) Page 6 of 51

7 Belfield Station (5138 Belfield Avenue; Philadelphia, PA 19144) Three (3) District Offices (DOs): North Philadelphia DO (1337 West Erie Avenue; Philadelphia, PA 19140) South Philadelphia DO (1601 South Broad Street; Philadelphia, PA 19145) West Philadelphia DO (5230 Chestnut Street; Philadelphia, PA 19139) In addition to the above mentioned properties, PGW also conducts operations at nine (9) gate stations located in and around the City of Philadelphia, including the following: O-60 M&R Station (6850 Essington Ave; Philadelphia, PA 19153) Ashmead M&R Station (Ashmead Rd West of Newtown Rd; Cheltenham, PA 19012) Ivy Hill M&R Station (1150 Ivy hill Road; Philadelphia, PA 19150) O-30 M&R Station (River Rd below Passyunk Ave; Philadelphia, PA 19145) O-34 M&R Station (Levick St & Reading Railroad; Cheltenham, PA 19012) Penrose M&R Station (80th St & Penrose Ave; Philadelphia, PA 19153) Richmond M&R Station (Lewis St & Delaware Ave; Philadelphia, PA 19124) Somerton M&R Station (Brookside Dr south of Short Lane; Feasterville, PA 19047) Whitman M&R Station (Delaware Ave below Walt Whitman Bridge; Philadelphia, PA, 19148) PGW may require the services included in the scope of work at the facilities listed above, any additional facilities that PGW may acquire during the contract period, and at PGW project locations throughout the City of Philadelphia and immediately adjacent municipalities. 2.2 Services to be Provided; Scope of Work General Requirements PGW is seeking proposals for various activities associated with the remediation of asbestos-containing materials ( ACM ), lead-containing paint ( LCP ), lead dust, 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 Page 7 of 51

8 with all City, State and Federal regulatory requirements, including, without limitation, those outlined herein The successful Proposer will remediate ACM, lead, and mold from PGW facilities on an as-needed basis. Additionally, the successful Proposer will remove and properly dispose of all ACM from PGW facilities on an as-needed basis. PGW will arrange for disposal of lead and mold-impacted materials from PGW facilities Proposers may submit proposals for the remediation of one, two, or all of the materials identified PGW s Chemical Services Department performs asbestos and lead assessments and will provide copies of the assessment results when requesting remediation services. PGW contracts directly with a third-party air monitoring firm for completion of asbestos, lead, and mold remediation oversight and air monitoring services. As a result, these services are NOT requested as part of this RFP The use of subcontractors for any part of the remediation work is acceptable. Proposers shall identify the subcontractors in the proposal Throughout the duration of the contract, the successful Proposer must be available on a stand-by basis to remediate ACM, lead, and mold as needed. In the case of an emergency, PGW may require immediate assistance with ACM, lead, and mold remediation. For planned projects, PGW expects the successful Proposer to be available for ACM, lead, and mold remediation within two (2) weeks of notice by PGW. The successful Proposer must provide a schedule of events as well as work crew member names and contact information on a per project basis as soon as possible. PGW prefers that this information be provided no less than 48 hours prior to the start of a project The successful Proposer must have personnel available to complete pre-project meetings to tour the proposed worksite, discuss the scope of work, review work procedures and safety measures, determine necessary resources (including those to be supplied by PGW), and identify the regulatory compliance plan and air monitoring requirements for the project. As noted above, PGW separately contracts an air monitoring firm to oversee and monitor asbestos, lead, and mold remediation projects; a representative of PGW s air monitoring firm is typically in attendance at the preproject meetings as well as the PGW project manager and other relevant PGW personnel. Following a request for services by PGW, the successful Proposer must prepare a proposal detailing the scope of services, applicable unit costs, and estimated total costs for the project for PGW s review and approval; the proposals shall be provided in a reasonable timeframe as not to delay the PGW project The successful Proposer will obtain and maintain, at its sole cost and expense, all permits, licenses, certificates of authority, approvals and inspections required by Page 8 of 51

9 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 Upon PGW s authorization to proceed, 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, Environmental Protection Agency (EPA) National Emission Standards for Hazardous Air Pollutants (NESHAPS) regulations and also using methods mandated by U.S. Department of Labor Occupational Safety and Health Administration (OSHA) Standards defined in 29 CFR All notifications must be placed with the City of Philadelphia prior to conducting any asbestos remediation activities. The PGW project manager must be provided with a copy of the notification at the time that it is provided to the City of Philadelphia Upon PGW s authorization to proceed, the successful Proposer will commence remediation of lead in accordance with industry standards, common practices, and applicable laws, including OSHA s Lead in Construction Standard as per 29 CFR Upon PGW s authorization to proceed, the successful Proposer will commence remediation of mold from PGW facilities in accordance with industry standards, common practices, and applicable laws The successful Proposer will supply all manpower, equipment and supervision to complete the agreed upon scope of work. Subcontracted manpower, equipment, and vehicles may be utilized provided that subcontractors are authorized by PGW 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 onsite support facilities (such as office trailers, portable toilets, dumpsters, high lifts, and scaffolding, portable showers, etc.) 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 The successful Proposer will provide PGW with twenty-four (24) hours notice prior to removing any asbestos or hazardous material for off-site disposal. Page 9 of 51

10 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 The successful Proposer will provide PGW with a legible, complete 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 as needed After remediation activities are complete, the successful Proposer will remove all equipment, materials and debris associated with the ACM, lead, or mold remediation from the worksite. The successful Proposer is responsible to transport and dispose of asbestos-containing waste. PGW will arrange for disposal of lead and mold-impacted materials from PGW facilities Safety Requirements PGW facilities include various active natural gas processing and distribution facilities, including the Richmond Plant and Passyunk Plant as well as various gate stations. Personal protective equipment ( 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 1:00PM 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 once per year by each worker who conducts work at the Plants. Presentation of the safety video is to be arranged through PGW Plant Protection The successful Proposer must provide a copy of their company s health and safety plan to PGW for review prior to completion of any work performed. The Proposer shall provide the Proposer s OSHA Injury Rate for calendar year 2016 along with their proposal By submitting its proposal, each Proposer warrants that it is aware of and understands the hazards which are presented to persons, property, and the Page 10 of 51

11 environment in the performing of remediation, transportation, storage, and disposal services as described in this RFP. The successful Proposer will remediate, transport, store, 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 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 wasteto-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. 2.3 Term The contract(s) between PGW and the successful Proposer(s) will be for four (4) years. The pricing will be fixed for the four-year contract period. Page 11 of 51

12 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 Attachment B contains a hypothetical ACM, lead, and mold remediation scenario. Each Proposer shall summarize the actions to complete the remediation process and provide a total cost. The Proposers shall itemize the personnel, equipment, and other costs 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 The successful Proposer must conduct all asbestos-related activities described in this RFP in accordance with the current 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 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 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 oversight and air sampling activities 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 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. The successful Proposer must supply and post warning placards in areas where the ACM is being removed or Page 12 of 51

13 staged; the placards utilized should be in accordance with OSHA 29 CFR (k) (1). In addition, the successful Proposer must utilize appropriate PPE according to PGW Safety Requirements as noted above The successful Proposer is required to designate regulated lead remediation areas, implement and conduct exposure assessment and monitoring, and utilize PPE for protection of workers conducting lead remediation in accordance with OSHA s Lead in Construction Standard as per 29 CFR In addition, the successful Proposer must utilize appropriate PPE according to PGW Safety Requirements as noted above The successful Proposer must utilize ladders with slip-protection, scaffolding and aerial lift equipment as needed for ACM, lead, and mold 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 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 Any other materials or personnel deemed necessary for the contractor to complete the scope of work should be identified on additional line items in Attachment A 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 materials and wastes must utilize personnel with active Federal Hazardous Waste Operations and Emergency Response (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, 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. Page 13 of 51

14 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 Proposer will 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. The successful Proposer(s) must possess all appropriate asbestos certifications as mandated by City of Philadelphia Code Chapter Asbestos Project Requirements. Lead and mold remediation licenses must be possessed for lead or mold remediation work as required by the City of Philadelphia or the State of Pennsylvania. 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 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 shall, 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 shall exhaust all legal means to prevent disclosure. Page 14 of 51

15 2.9 Minority Participation 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 Services perpetuate discriminatory practices. Proposers must complete Attachment C (Demographic Survey), attached hereto and submit same with their proposals. For this project, PGW has not established a goal for participation of DBEs. Each proposer must exercise its Best and Good Faith Efforts to include DBEs in its proposal. Best and Good Faith Efforts are those efforts, the scope, intensity and appropriateness of which are designed and performed to achieve meaningful participation of DBEs in the work described in this proposal. Proposer s desire to self-perform all of the work does not excuse proposer from its exercise of Best and Good Faith Efforts. In furtherance of such purpose, each Proposer may employ some or all of the following methods: Contact DBEs that reasonably could be expected to submit a quote and are available in the OEO Directory of Certified Firms before the proposal date and notify them of the nature and scope of the work to be performed. Break down or combine elements of work into economically feasible units to facilitate DBE participation. Work with trade, community, or other organizations that provide assistance in recruitment of DBEs 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. 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 PGW, PFMC, 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 non-contributory. 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 Page 15 of 51

16 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 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, and 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. PGW, PFMC, and the City of Philadelphia, 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. PGW, PFMC, and the City of Philadelphia, and their respective officers, employees, directors, boards, Page 16 of 51

17 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. PGW, PFMC, 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. 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, 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. 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. PGW, PFMC, 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, Page 17 of 51

18 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. PGW, PFMC, 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. 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 indemnify, defend and hold harmless PGW, PFMC, the City of Philadelphia, and each of their respective officers, employees, directors, boards, commissions, and agents, from and against any and all losses, costs (including, but not limited to, litigation and settlement costs and counsel fees), claims, suits, actions, damages, liability and expenses, occasioned wholly or in part by Proposer s act or omission Page 18 of 51

19 or negligence or fault or the act or omission or negligence or fault of Proposer s agents, subcontractors, suppliers, employees or servants in connection with this Agreement, including, but not limited to, those in connection with loss of life, bodily injury, personal injury, damage to property, contamination or adverse effects on the environment, intentional acts, failure to pay such subcontractors and suppliers, any breach of this Agreement, and any infringement or violation of any proprietary right (including, but not limited to, patent, copyright, trademark, service mark and trade secret), regardless of the negligence of PGW, PFMC, and/or the City of Philadelphia. In any and all claims, suits and actions against PGW, PFMC and the City of Philadelphia, and their respective officers, employees, directors, boards, commissions and agents, by any employee of Proposer, any subcontractor, or anyone for whose acts Proposer and its subcontractor is liable, the indemnification obligation set forth in this section shall not be limited in any way by any limitation on the amount or type of third party damages, compensation or benefits payable by or for Proposer or any subcontractor under workers compensation acts, disability acts, or other employees benefit acts. 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 agreement 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 this Agreement for default (in which case Proposer shall be liable for all excess costs and other damages including reasonable attorney s 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 Page 19 of 51

20 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 connection with this Agreement, (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, 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 Page 20 of 51

21 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 Governing Laws Any contract entered into by PGW will be executed in and shall 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 remediation of ACM, lead, and mold as well as 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) 29 CFR U.S. Dept. of Labor OSHA Regulations on Lead in Construction 40 CFR Part 61 National Emission Standards on Hazardous Air Pollutants Page 21 of 51

22 40 CFR Parts 239 to 258 U.S. EPA Solid Waste Regulations 40 CFR Parts U.S. EPA Hazardous Waste Management Regulations 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 2.16 Certain Required Disclosures In accordance with 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 therefore complete Attachment D and include such completed Attachment with their proposal. Please note that the selected Proposer will be required to update such disclosure during the term of its agreement with PGW and for one year thereafter. Page 22 of 51