EPTF BMC -- SOW.docx

STATEMENT OF WORK

PREVENTATIVE AND/OR CORRECTIVE MAINTENANCE SERVICE

Eastern Pennsylvania Training Facility

I. SUMMARY

A. The work under this contract will be performed at the facility located at Commonwealth of Pennsylvania, Department of Transportation (“Department”), Eastern Pennsylvania Training Facility, Fort Indiantown Gap, Rt. 443, Box 7042, Grantville, PA 17028.The contract shall have an initial term of one (1) one-year and four (4) one-year renewals.

B. The work to be completed under this contract is for 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 terms shall have the following meanings:

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.

C. Additional work to be completed under this 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.

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

a. “Modifications” shall mean those changes, alterations or extensions to existing Department facilities or systems that neither exceeds estimated available funding under the purchase order to be issued to the selected vendor nor rise to the level of new construction or construction related modifications.

D. 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.

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

a. “Systems” shall include all electric, heating, ventilation, air conditioning, plumbing and/or other related systems installed in Department facilities.

E. 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 starting from the day of acceptance as complete by the Department. Contractor shall be responsible for making adjustments during this period of time due to any defective material and/or workmanship.

F. All labor and materials used at the facility will be documented in a log. This log will be signed by the contractor’s representative and by the Eastern Pennsylvania Training Facility Manager 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.

II. BIDS AND AWARDS

A. Contractors bidding on this contract must have a branch office within 1.5 hours of the facility.

B. The hourly rate for normal working hours and premium working hours shall include all labor, equipment, overhead, and profit 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 one (1) year 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.

1. 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. The Contractor shall not make any single item or combined items material purchase over $300.00 without the approval from one of the Department Contacts 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.

GENERAL REQUIREMENTS

E. Contractors interested in bidding must participate in the pre-bid meeting. Contractors not attending the pre-bid meeting will not be permitted to bid on the project. Pre-Bid meeting will be held on March 21, 2017 at 10:00 am.

F. Should any discrepancies arise between the existing conditions and the specifications, they shall be reported to the Bid Contact prior to the Bid Submission Due Date and Time. Failure to visit the project site(s) shall be no excuse for extra compensation or project delay.

G. Prospective bidders, prior to their visit to the site(s), will contact any of the Department Contacts to establish an acceptable time to conduct a survey of the work to be performed.

H. No contractor is permitted to visit and access the site without requesting and receiving approval from one of the Department Contacts.

I. Anyone of the Department Contacts and his/her designee may request at any time a formal estimate and/or quote detailing materials and labor for services in accordance with the Contract at no additional cost to the Department. The estimate and/or quote shall be submitted within five (5) business days of the initial request. All estimates/quotes need to reflect the current contract Purchase Order number.

III. DEPARTMENT CONTACTS

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

Joseph Catalano, Purchasing Agent 2

(717) 787-3959 or jcatalano@pa.gov B. Project Contacts – All questions related to the facility and/or project specifications to:

Ron Fye, Highway Equipment Manager II

(717) 787-4836 or rofye@pa.gov

C. Elizabeth Kohl, Training Site Administrator

(717) 865-5553 or ekohl@pa.gov

IV. 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. Normal Call-Out Procedure shall occur when the contractor receives a call or written authorization to do work from the list of Department Contacts. Upon receipt of call-out request, contractor must respond within two (2) hours by being present on site or otherwise specified. The Contractor will not be paid for travel time.

1. Only one of the Department Contacts or his/her designee is authorized to call for service. The Department Contact or his/her designee must provide his/her name/title/phone # 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 one of the Department Contacts or his/her designee and the Contractor’s Service Technician. A copy is to be given to the Department.

2. If the Contractor does not respond within two (2) 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 VIII., 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.21 CONTRACT-021.1 Default.

C. The contractor shall be available for call-out on a 24-hour basis during the entire term of the Contract.

D. The Contractor shall provide names and telephone numbers for individuals in his company who may be contacted for call out work.

V. 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.

VI. AUTHORIZATION TO DO WORK

6. It is distinctly understood and agreed under this contract that the contractor shall perform such work and furnish such materials as authorized in writing from one of the Department Contacts or his/her designated representative.

VII. PERMITS

7. This existing structure has a valid Occupancy and Use Permit from the Department of Labor and Industry (L&I).

7. The contractor shall be responsible for all the permits and approvals needed before the start of any project. All permit applications are to be provided, reviewed, and approved by the Department prior to application being submitted to Pa L&I. This contract allows only for Pa L&I Level 1 and some Level 2 work to be done. Contractor is to check with the Department to verify.

7. When required, the Contractor shall:

1. Identify any necessary permits and notify a Department Contact or his/her designee, prior to applying for a permit. The Department Contact or his/her designee will contact PennDOT’s Facilities Design Unit to ensure proper coordination of the necessary permit.

2. 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.

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 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.

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

LIQUIDATED DAMAGES

7. If any item is not delivered or performed within the contract specified time limits as described in Section IV., 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 $200.00 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.

7. 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. Any penalties will be deducted from invoiced cost.

7. 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 case of liquidated damages as described in paragraph A, the Department deems it is in its best interest 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.

7. Two instances of failure to respond within the time constraints, unless otherwise permitted in writing from a Department Contact, 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.