DAVID L. LAWRENCE CONVENTION CENTER. REQUEST FOR PROPOSAL RFP09-02 Fire Sprinkler Inspection and Maintenance

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DAVID L. LAWRENCE CONVENTION CENTER REQUEST FOR PROPOSAL RFP09-02 Fire Sprinkler Inspection and Maintenance

THE DAVID L. LAWRENCE CONVENTION CENTER REQUEST FOR PROPOSAL TABLE OF CONTENTS TABLE OF CONTENTS Page ANNOUNCEMENT 3 1. INTRODUCTION 4 2. CRITICAL DATES 5 3. SCOPE OF SERVICES 6-8 4. PROCEDURES/CONTENTS OF RESPONSE 9-11 5. CONSIDERATION OF RESPONSES 12 6. FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 13-14 2

ANNOUNCEMENT Notice is hereby given that SMG, the operator of the David L. Lawrence Convention Center (Operator) on behalf of the owner, the Sports and Exposition Authority (Authority) is seeking proposals from qualified Respondents for the provision of SPRINKLER SYSTEM ANNUAL INSPECTION at the David L. Lawrence Convention Center (Center). All comments and questions concerning the Request for Proposals and the corresponding procedures and requirements must be addressed in writing, via facsimile, mail, or e-mail to the following: Director of Operations David L. Lawrence Convention Center 1000 Fort Duquesne Blvd. Pittsburgh, PA 15222 Fax 412-325-6104 E-mail poconnell@pittsburghcc.com One complete set of Proposal Documents may be obtained by interested parties at no cost from the above address. Additional copies may be obtained for the cost of $10.00 for reproduction, shipping and handling. Sealed Responses will be received until March 13, 2009 1:00 PM local time at the David L. Lawrence Convention Center, 1000 Fort Duquesne Blvd., Pittsburgh, PA 15222. Operator reserves the right to reject responses if not submitted by the time, date, and at the place designated in the RFP. Any and all responses may be rejected if deemed in Center's best interest. 3

ARTICLE 1 INTRODUCTION 1.1 PROJECT DESCRIPTION/LOCATION The David L. Lawrence Convention Center is located in Pittsburgh Pennsylvania. Opened in phases beginning in 2002, the facility boasts 1.3 million square feet of space, including a 313,400 square foot exhibit facility and 53 meeting rooms. The sprinkler system consists of 13 dry systems, 34 wet systems, 1 fire pump, 1 City Connection control valve, 2 pump control valves, 87 sectional control valves, 3 system control valves, 2 bypass control valves and 1 test header control valve. A tour of the building will be given on request; please contact Paul O Connell (412) 325-6167 for arrangements prior to March 6, 2009. 4

ARTICLE 2 CRITICAL DATES 2.1 The following are the critical dates: Respondents Notification March 4, 2009 Building Tour As scheduled, 2009 Response Due Date March 13, 2009 Selection* April 17, 2009 First Inspection August-September, 2009 (* Due to uncertainties in the evaluation and selection process, the dates shown are tentative and reflect optimal circumstances.) Page 5

ARTICLE 3 SCOPE OF SERVICES 3.1 EXAMPLES OF WORK Annual inspection of all sprinkler wet systems, dry systems, associated valves and fire pump flow test. Maintenance of sprinkler system as requested. 3.2 LENGTH OF CONTRACT The Contract under which this service shall be granted will be for a term of three (3) years. Operator shall reserve the right to terminate this Contract, with cause, on thirty (30) days written notice, without penalty. 3.3 INSURANCE The successful Contractor will be required to obtain and maintain in force at all times during the term of the agreement as a direct cost of operation, insurance coverage as directed by the Operator. Such coverage will be obtained from an insurance company authorized and licensed to do business in the State of Pennsylvania and rated not less than A+ by the most current Best s Manual. Furthermore, said insurance company or companies must be approved by the Operator. It is anticipated that such coverage shall include the following: 3.3.1 Coverage required: a) Comprehensive General Liability Coverage in the amount of $2,000,000. This coverage must written on an occurrence form, claims made policies will be unacceptable to Operator. This Comprehensive General Liability insurance shall cover the Contractor, the Operator and the Authority and their employees, agents and officers from and against any claim arising out of personal injury of Contractor or the Contractor s failure to comply with the terms of this Contract. Such policy or policies of insurance shall include coverage for claims of any persons as a result of an incident directly or indirectly related to the employment of such persons by a Proposer or by any other persons. This coverage shall include blanket contractual insurance and such coverage shall make express reference to the indemnification provisions set forth in this agreement. The policy shall also be endorsed to include coverage for products and completed operations. Page 6

b) Workers Compensation Coverage as statutorily required by the State of Pennsylvania for all employees of Contractor. Employers Liability coverage on the Workers Compensation policy shall be written in the minimal amount of $1,000,000. c) Excess Liability Coverage, in the amount of $5,000,000 shall be in the form of an Umbrella policy rather than a following form excess policy. This policy or policies shall be specifically endorsed to be excess of the required Comprehensive General Liability Coverage, the Employers Liability Coverage on the Workers Compensation policy, and the Comprehensive Automobile Liability policy. d) Comprehensive Automobile Liability Coverage, in an amount not less than $1,000,000 shall be maintained. Such coverage will include all owned, non-owned, leased and/or hired motor vehicles that may be used by the contractor in connection with the services required under Contract. e) Fidelity Guaranty Insurance, on a blanket basis for the Proposer, Operator, and Authorities and all applicable employees in an amount of not less than $100,000 per employee. f) Insurance against Loss and/or Damage to fixtures, furnishings, equipment and other personal and business property of Contractor and Operator upon the premises by fire or other such casualty as may be generally included in the usual form of extended coverage in an amount equal to the replacement costs of such property used in the agreement on the premises. Such insurance shall provide coverage for the property of others in the care, custody and control of Contractor. 3.3.2 Respondent shall describe its own errors and omissions coverage. All such insurance coverage, with the exception of Worker s Compensation, shall name the Operator and Authority and their employees, agents, officers and directors as additional insured thereunder. 3.3.3 Evidence of such coverage being in place will be promptly delivered to the Operator prior to the commencement of the term of this proposal. All such coverage shall be endorsed to indicate that coverage will not be materially changed or canceled without at least 90 days prior notice to the Operator, such prior notice being mandatory and not the best efforts of the carrier to notify. Prior to the expiration of the required coverage, Proposer will provide the Operator with evidence of the renewal of all coverage required on at least the same terms and conditions as originally required for this agreement. Page 7

3.4 LABOR 3.4.1 Contractor shall provide, at its own expense, qualified and licensed labor in the applicable trades. 3.4.2 Contractor is responsible for the negotiation, execution, and administration of any collective bargaining agreement with a Labor Union having jurisdiction over the work. 3.5 EQUIPMENT - ON-SITE 3.5.1 Contractor shall provide all necessary on-site equipment for providing inspection and repair service as required. 3.5.2 Contractor will be solely responsible for the repair and maintenance of its Equipment. 3.6 LICENSES Contractor shall be required to provide and maintain any permits and licenses required by law at its own expense. ARTICLE 4 Page 8

4.1 CONTENTS OF RESPONSES PROCEDURES/CONTENTS OF RESPONSE 4.1.1 Contractor must submit evidence that they are currently, certified to perform inspection of fire sprinkler system and fire pump. References from three comparable facilities are required. 4.1.2 Contractor is to identify any and all sub-contractors which the Contractor anticipates having a significant role in the administration of the terms of the Contract. 4.1.3 Contractor agrees that proposal shall be considered valid for a period of not less than ninety (90) days. 4.1.4 Contractor shall submit a flat rate not to exceed price for each of three years of inspection. Contractor shall also submit a labor rate to be used on any on call repair service provided during the year. Written inspection reports are due within two weeks of completion of inspection. 4.1.5 Contractor must submit proof of authorization to conduct business in the State of Pennsylvania. 4.1.6 Authority wishes to achieve minority and women business enterprise participation in its contracts. To that end respondents shall endeavor to meaningfully engage certified minority and women owned firms. Participation by minority and women owned firms must be identifiable by specific task. 4.1.7 Contractor must provide three (3) references for representative projects including, names, titles, addresses, and telephone numbers for each individual within these client companies who may be contacted. Page 9

4.2 SUBMISSION OF RESPONSES 4.2.1 Submit two (2) properly executed, bound Responses in 8 1/2" x 11" or 14" format in a sealed opaque envelope or package. The envelope or package shall be identified with the Respondent name and address, and the proposal due date to the following address: Director of Operations David L. Lawrence Convention Center 1000 Fort Duquesne Blvd Pittsburgh, PA 15222 4.2.2 Sealed responses shall be submitted no later than 1:00PM March 13, 2009. 4.2.3 Submission of a Response signifies careful examination of the RFP and complete understanding of the nature, extent and location of the Work to be performed. 4.2.4 Oral, telephonic or telegraphic Responses are invalid and will not receive consideration. 4.2.5 All Responses shall be typewritten or computer printed without erasures or deletions. 4.3 NO CONTACT POLICY 4.3.1 Prior to the Response Due Date and after receipt of Proposals by Operator, and until the award of this Contract, no Respondent, subcontractor to Respondent shall contact or communicate, in any manner, with the following parties concerning matters directly related to this Contract: a) Any member of Center staff, any employee or agent thereof, except in the manner described herein. b) Any member of the Authorities, any employee or agent thereof. c) Any elected official or employee of the State of Pennsylvania, Alleghany County or City of Pittsburgh. d) Any official of SMG, including corporate staff. 4.3.2 Any contact that violates any of the above instructions shall be grounds for disqualification and/or rejection of a Response, and in the case of a subcontractor, the Page 10

preclusion of that subcontractor providing services for the Project. Each Respondent is responsible for notifying its prospective subcontractors of these instructions. 4.3.3 All comments and questions (requests for information) concerning this Request for Proposal and the corresponding procedures and requirements must be addresses in writing, via facsimile, mail, or e-mail to the following: Director of Operations David L. Lawrence Convention Center 1000 Fort Duquesne Blvd. Pittsburgh, PA 15222 Fax 412-325-6104 E-mail poconnell@pittsburghcc.com Operator will respond to all comments and questions in writing within five (5) days of the request being submitted. All requests for information must be received by Center at least seven (7) days prior to the Response Due Date in order to receive consideration. Operator will not be responsible for comments and/or answers received in any manner other than as described above. Page 11

ARTICLE 5 CONSIDERATION OF RESPONSES 5.1 SELECTION PROCESS AND CRITERIA Each Response will be reviewed and award will be made according to the following process: 1) General Qualifications of Firm; organization and management of the project. 2) Pricing 3) MBE and WBE participation 4) References 5.2 REJECTION OF RESPONSES Operator shall have the right to reject any or all Responses, for any reason at any time, reject a Response not accompanied by the data required by the RFP, or reject a Response which is in any way incomplete or irregular, with no liability for cost incurred. Operator shall have the right to waive any irregularities with any response. Operator reserves the right to request additional information and/ or clarifications from any or all respondents to this RFP. 5.3 ACCEPTANCE OF A RESPONSE It is the intent of Operator to award a contract to one firm that, in Operator's judgement, is the most qualified and responsive Respondent, provided the Response has been submitted in accordance with the requirements of the RFP. Operator shall have the right to accept the Response which, in Operator's judgement, is in Center's best interest. 5.4 LIABILITY FOR COSTS Operator will not be liable for any costs incurred in the preparation and presentation of the Response, or the negotiation and finalization of a contract. 5.5 OWNERSHIP OF MATERIALS All materials submitted in response to the RFP shall become the property of Center and no materials so submitted will be returned to the Respondent. Page 12

ARTICLE 6 FORM OF AGREEMENT BETWEEN OPERATOR AND CONTRACTOR The successful Respondent will be required to enter into a written contract with Operator and Owner. For informational purposes, several of the pertinent matters of the Agreement have been included below: 6.1.1 The Response of the awarded Contractor, along with any addendum or amendments thereof, shall be incorporated into the Agreement. 6.1.2 Operator shall have the right to terminate this Agreement or any part of this Agreement, at any time upon thirty 30) days written notice. 6.1.3 Indemnification: The Contractor shall defend, indemnify, and save harmless the Authorities, their Chairman, Members, Officers, and employees of, from, and against all claims, suits, judgements, expense, and costs of every kind and description, by reason of injury to persons or damage to property, resulting or alleged to result from any act or omission of the Contractor or his employees or agents. 6.1.4 Operator will provide administration of the Agreement. 6.1.5 Corporate Authority: All Pennsylvania corporations must obtain a Certificate of Incorporation and a Certificate of Good Standing from the Office of the Secretary of State prior to conducting business in the State of Pennsylvania. If a firm is incorporated in a State other than Pennsylvania, the firm must obtain a Certificate of Authority to do business from the Office of the Secretary of State prior to receipt of final contract award or utilization as a subcontractor. 6.1.6 Conflicts of Interest: The Contractor must state in its proposal, as of the date of the Response that it knows of no conflicts of interest which would be created by its contract for the project. It will be the continuing duty of the selected Contractor to report all potential conflicts of interest to Operator. Page 13

6.1.7 Prevailing Law: The Contractor and subcontractors must comply with all local, state, and federal laws, rules, and regulations applicable to this Agreement and to the services performed hereunder. 6.1.8 Subcontracting: The Responses must contain a list of all firms which will participate in this project as a result of this Agreement as described in Section 4.1. Although Respondents need not have a formal contract with proposed subcontractors at the time the Response is submitted, the Respondent may not change the composition of the team without written authorization of Operator. Additionally, Operator reserves the right of approval of all proposed subcontractors. Significant changes in the composition of the Project Team may constitute grounds for voiding the selection and commencing negotiations with the next highest ranked firm. Revision Date: 2/2/09 Page 14