BUILDING STATEMENT OF WORK AD 2014.doc

DEPARTMENT OF TRANSPORTATION

BERKS COUNTY STOCKPILES STATEMENT OF WORK

PREVENTATIVE AND/OR CORRECTIVE BUILDING MAINTENANCE SERVICE

I. SUMMARY

A. The work under this purchase order/contract will be performed at the facility located at Commonwealth of Pennsylvania, Department of Transportation, Berks County Stockpiles as follows:

Temple Main Stockpile

4680 Fifth Street Highway

Temple, Pa. 19560

Strausstown Stockpile

8306 Route 183

Bernville, Pa. 19506

Wernersville Stockpile

270 Sportsman Road

Wernersville, Pa. 19565

Reading Bone Stockpile

105 Angstandt Lane

Birdsboro, Pa. 19508

Krumsville Stockpile

1351 Krumsville Road

Lenhartsville, Pa. 19534

Hamburg Stockpile

417 Lowland Road

Hamburg, Pa. 19526

Five Mile Hill Stockpile

755 Old Lancaster Pike

Mohnton, Pa. 19540

Bechtelsville Stockpile

1276A Montgomery Avenue

Boyertown, Pa. 19512

Breezy Stockpile

4 Breezy Park Drive

Fleetwood, Pa. 19522

a. The work to be completed under this purchase order/contract is primarily preventative and/or corrective maintenance as described in the Specifications.

1. As used in the foregoing description and throughout this document and the Specifications, the following term shall have the following meaning:

a. “Preventative Maintenance” shall mean the routine, customary or regular course of procedure related to the care or upkeep of an existing Department facility or system, which may also include inspection services provided as part of a preventative maintenance program. Preventive maintenance is conducted to keep equipment working and/or extend the life of the equipment.

b. “Corrective Maintenance” shall mean the maintenance which is required when an item has failed or worn out, to bring it back to working order, which may also include those services necessary to partially restore, renew or strengthen an existing Department facility or system, following damage caused by use or normal wear and tear.

b. Additional work to be completed under this purchase order/contract, except for preventative and/or corrective maintenance, shall meet the needs of the Department, as they arise, and not be part of a planned project requiring a design or inspection component related to new construction or renovation.

c. The contractor is expected to provide/supply all labor, tools, equipment, and vehicles to perform all duties, related duties, and responsibilities associated with performing preventative and/or corrective maintenance of the facilities systems in this contract.

d. Material and workmanship shall be guaranteed for a period of one (1) year or the remaining term of the original manufacturer warranty, whichever is greater. Contractor shall be responsible for making adjustments during this period of time due to any defective material and/or workmanship.

e. All labor and materials used at the facility will be documented in a log (OS-501 Confirmation of Services). This log will be signed by the contractor’s representative and/or his/her designee following completion of work assignment. This log shall serve as a basis for payment. The contractor is to provide the logs (invoice) of material used to the Department.

2 BIDS AND AWARDS

a. The term of the purchase order/contract will commence the date it is fully executed, approved and issued by the department as a purchase order for a one (1) year period, with two (2), one (1) year renewals options – by mutual consent of both parties. The Issuing Office will confirm the Effective Date after the contract has been fully executed by the Contractor and by the Commonwealth and all approvals required by Commonwealth contracting procedures have been obtained. The Contractor shall not start the performance of any work prior to the Effective Date of the purchase order/contract and the Commonwealth shall not be liable to pay the Contractor for any service or work performed or expenses incurred before the Effective Date of the contract.

b. The hourly rate for working hours and after hour working hours shall include all travel, labor, equipment, overhead, profit, and all parts associated with performing preventative and/or corrective maintenance.

c. The bid will result in a contract in the form of a Fully Executed Purchase Order (PO).

d. The quantities furnished by the Department on the bid are an estimate only for what the purchase order states for this period of service. The Department does not assume any responsibility that the quantities shall materialize. Nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities.

e. Additionally, in the event any given line item on the Fully Executed PO requires an increase in quantity, the Contractor shall not proceed with any work until the Department has provided an updated PO reflecting the increased quantity.

a. The PO will reflect an estimated materials allowance estimated. The Contractor shall not make any single item or combined items material purchase over $300.00 without the approval of the County Equipment Manager or his/her designee. The cost of materials, parts, or repair equipment shall be invoiced at the Contractor’s stated rate with a profit not to exceed 10%. A copy of the supplier’s invoice is required for all material purchases.

I. BIDDING RESERVATION CLAUSE

a) The right is reserved to reject any or all proposals or to advertise for new proposals if, in the opinion of the Department, it’s in the Departments best interest to do so.

b) The Department reserves the right to award any or all of line items of this bid proposal.

II. DEPARTMENT CONTACTS

f. Bid and Project Contact - All bid questions and bid submissions should be directed to:

Randy Whalen Roadway Programs Coordinator

610-621-4603 rowhalen@pa.gov

3 WORKING HOURS AND CALL-OUT PROCEDURE

a. Normal Working Hours shall be Monday through Friday, 7:00 am to 3:00 pm, Eastern Standard Time.

b. After Hour Call Out Working Hours shall be Monday through Friday, 3:00 pm to 7:00 am, Eastern Standard Time, and Saturday, Sunday, and National Holidays.

c. Normal Call-Out Procedure shall occur when the contractor receives a call or written authorization to do work by the County Equipment manager or his/her designee. Upon receipt of call-out request, contractor must be on site ready to commence work within forty-eight (48) hours, unless otherwise specified. The Contractor will not be paid for travel time.

1. Only the County Equipment Manager or his/her designee is authorized to call for service. The County Equipment Manager or his/her designee must provide his/her name/title/phone number when placing the call for service. This information must appear on the service call work order along with the date and time of the phone call. The work order is to be completed with a description of work and services needed along with a cost estimate for repairs. The work orders are to be signed by the County Equipment Manager or his/her designee and the Contractor’s Service Technician. A copy is to be given to the Department.

2. If the Contractor is not on site within forty-eight (48) hours or at the agreed upon date and time, The Commonwealth reserves the right to begin the assessment of Liquidated Damages in accordance with Section IX., Liquidated Damages of this Statement of Work for each day for 10 Commonwealth business days.

a. If after the 10th Commonwealth business day the Contractor does not arrive on site, the Commonwealth reserves the right to declare the Contractor in Default in accordance with the Contract Terms and Conditions, Section V.27 CONTRACT-021.1 Default.

d. The contractor shall be available for call-out during normal business hours and after hour - hours.

e. The Contractor shall provide names and telephone numbers for individuals in his company who may be contacted should an emergency occur.

4 CONTRACTOR LICENSING

a. The Commonwealth of Pennsylvania has no requirements related to the registration, certification or licensure of contractors (or their employees) that are engaged in the construction industry.

b. To comply with federal mandates, however, the Commonwealth does certify contractors and workers that perform asbestos and lead removal services. These certifications are issued by the Certification, Accreditation and Licensing Division at the Department of Labor and Industry. If you have questions about asbestos or lead certification, please visit the Department of Labor and Industry’s website at http://www.dli.state.pa.us/.

c. The Contractor is required to contact the municipality where the work will occur to determine if the municipality has established licensure and/or certification requirements. Some of Pennsylvania’s 2,565 municipalities have established local licensure or certification requirements for contractors or construction trades people. Typically, these requirements pertain to home improvement contractors, electrical contractors (or electricians), and plumbing contractors (or plumbers). Since the Commonwealth has no jurisdiction in this matter, the Department maintains no records concerning municipalities that have established licensure or certification requirements.

5 AUTHORIZATION TO DO WORK

A. It is distinctly understood and agreed under this purchase order/contract that the contractor shall perform such work and furnish such materials as authorized in writing by the County Equipment Manager or his/her designated representative.

6 PERMITS

When required, the Contractor shall:

1. Be responsible for obtaining all necessary approvals and Permits from the Department of Labor and Industry (L&I), Bureau of Occupational and Industrial Safety as required under the Uniform Construction Code. (http://www.dli.state.pa.us/)

a. There are no fees for the Permits as long as the contractor notifies the L&I that this project is for the Commonwealth of Pennsylvania, Department of Transportation and is to be completed on state owned or state leased property.

2. Follow L&I guidelines for Emergency Permit Applications as referenced in the International Building Code (IBC) 2009.

3. Maintain and log, all mail receipts regarding L&I correspondence and submittals, and provide copies to PennDOT upon request.

4. Post all L&I Permits on site, in a weather proof container for L&I inspectors review.

5. Submit proposed design drawings and develop plans for the existing structure. The Department will provide the awarded Contractor all existing design drawings for this structure if drawings are available. These plans should be accompanied with the proposed alterations associated with this building. If Applicable.

a. Contractor shall provide all final plans sealed by a Professional Engineer licensed in the state of Pennsylvania.

7 LIQUIDATED DAMAGES

A. If any item is not delivered or performed within the purchase order/contract specified time limits as described in Section V., Working Hours and Call-Out Procedures, the delay will interfere with the proper implementation of the Commonwealth's programs and utilizing the item, to the loss and damage of the Commonwealth. From the nature of the case it would be impractical and extremely difficult to fix the actual damage sustained in the event of any such action. The Commonwealth and the Contractor, therefore, presume that in the event of any such delay the amount of damage which will be sustained from a delay will be $150.00 per Commonwealth business day per item, and they agree that in the event of any such delay, the Contractor shall pay such amount as liquidated damages and not as a penalty. The Commonwealth, at its option, for amounts due the Commonwealth as liquidated damages, may deduct such from any money payable to the Contractor or may bill the Contractor as a separate item. The Commonwealth shall notify the Contractor in writing of any claims for liquidated damages pursuant to this paragraph before the date the Commonwealth deducts such sums from money payable to the Contractor. Delivery of an item, which is rejected by the Commonwealth, shall not toll the running of the days for purposes of determining the amount of liquidated damages.

In the event of a state or federally declared emergency when the roadway transportation system is closed, liquidated damage timed hours will not begin to be calculated until state or federal emergency declaration is rescinded and the roadway system re-opened. All penalties will be deducted from invoiced cost.

B. The Department reserves the right to pursue repairs from another source during a state or federally declared emergency and also after the initial day of liquidated damages are assessed. If in the best interest of the Department it is decided to have another source make repairs, the service provider will be responsible for the cost difference.

1. The service provider would then be liable for the liquidated damages and the cost difference. All of which would be deducted from the service providers invoice

C. Two instances of failure to respond within the time constraints, unless otherwise permitted in writing from the County Equipment Manager or his/her designee, can constitute a violation of the contract which gives the Department, at its discretion, the right to cancel the contract and retain services from the next lowest bidder and surcharge the low bidding contractor for cost difference.

1. LAWS, ORDINANCES, AND FEES

1. The contractor must comply with all state, local and federal laws, ordinances, rules and regulations as applicable and as may be set forth by the Department covering work specified in this contract.