MONROE SPECS FOR FENCING SERVICES 2-28-12.doc

DEPARTMENT OF TRANSPORTATION

MONROE COUNTY STOCKPIKE SPECIFICATIONS

FENCING MAINTENANCE SERVICE

The Pennsylvania Department of Transportation; hereafter referred to as the Department, preventive and/or corrective maintenance services at the area(s) listed below consistent with standard operating procedures and applicable Federal, State and local rules and regulations for the protection of the public health and the environment and includes the following OSHA safety requirements. This initial timeframe for this service will be for a period of One (1) year; with one (1), one (1) year renewal option.

Under this purchase order, there is one (1) year renewal option – by mutual consent of both parties, this purchase order shall be for an initial period of one (1) year, with one (1), one (1) year renewal option. The Commonwealth reserves the right, upon notice to the Contractor, to extend the term of the purchase order for up to three (3) months upon the same terms and conditions. This will be utilized to prevent a lapse of service coverage and only for the time necessary, up to three (3) months, to enter into a new purchase order.

Requested Services will for regular and premium hour(s), will be based per man hour(s).

All quantities and materials are estimated and may be increased or decreased by the Department.

The following items will be completed as corrective maintenance as defined in the Statement of Work. The Contractor shall provide all equipment, labor, and supervision to satisfy the scope of work for project completion.

The Contractor shall identify any necessary repair(s), as a result of preventative and/or corrective maintenance, and notify the County Manager, or his/her designee, prior to completing the repair. The County Manager, or his/her designee, will determine if the repair can be completed through this contract. The Contractor should be prepared to provide a written cost estimate for the repair upon request from the Department.

The work under this purchase order/contract will be performed at the facility located at Commonwealth of Pennsylvania, Department of Transportation - Monroe County Stockpiles under “Locations”.

Locations:

1. SP01 – 0540 Main Maintenance Building

SR0611 Seg. 0190, Offset 0500

Stroudsburg, PA 18360

2. SP03 – Analomink

SR0191 Seg. 0190, Offset 1155

Stroudsburg Township

3. SP04 – Long Pond

SR0115 Seg. 0230, Offset 2397

SR115 – near entrance of Pocono Raceway

4. SP05 – Tobyhanna

SR0423 Seg. 0120, Offset 1300

Tobyhanna, PA

5. SP06 – Gilbert

ST3005 Seg. 0110, Offset 2439

Gilbert, Polk Township

6. SP07 – Hardytown

SR0191 Seg. 0400, Offset 1571

Hardytown Road

Cresco, PA

DESCRIPTION

The Contractor shall furnish all equipment, personnel, and materials for corrective maintenance service work at the sites listed above. All maintenance services shall be scheduled on Monday thru Friday. No work shall be permitted on holidays, or during holiday weekends, weekends, or scheduled activities.

Upon the Contractors arrival at the site, the Contractor is required to sign the attendants daily log book documenting the arrival and departure time. Upon departure from the site, the Contractor is responsible for documentation of the services competed during the time the Contractor is at the site using the Confirmation of Service OS-501. Failure to provide complete information on the OS-501 will result in DELAYED OR NON PAYMENT of services provided for that day. The Department will provide Form OS-501 forms.

A. PROTECTION

1. Take precautions necessary to ensure against damage to existing work to remain in place, to be reused, or to remain the property of PennDOT. Damage to such work shall be repaired, or replacement shall be made, as approved by PennDOT at no additional cost to PennDOT.

2. Ensure the safe passage of persons around the area of work. Provide temporary barricades as required.

B. WORK

a) The contractor will use the hourly rates as contracted herein for computing labor charges for the aforementioned services. NO TRAVEL TIME WILL BE ALLOWED ON THIS CONTRACT – NO PAYMENT WILL BE MADE FOR TRAVEL TIME TO OR FROM THE PROJECT SITE, LUNCH OR BREAK TIME.

b) Regular working hours will be 7:00AM to 3:00PM, Monday – Friday. Any hours before or after regular time will be upon approval of the Equipment Manager or his designee. Review of the work site to determine materials needed and setting priorities for work to be performed; payment to be one hour and billed on a separate invoice.

c) A county representative will delegate when and where review is to be done.

Response Time:

d) Contractor must be able to perform emergency work on a 24-hour basis.

e) Emergency response time to be no longer than three hours from departments initial call.

f) Non-emergency response to be no longer than 24-hours to schedule work.

g) Contractor will prepare quotation and present to Equipment Manager or his designee for approval prior to contractor making said repairs. If contractor makes any repairs beyond what was originally scoped out without approval from the Equipment Manager or his designee, the contractor will not be paid for that work. The aforementioned quotation and/or billing to be prepared in triplicate and submitted for each repair site.

C. SPECIAL PROVISIONS

1. Special Invoice and Billing Instructions:

a) Upon Completion of service each month the contractor will complete a confirmation of services (OS-501) and compile a billable summary report containing all the information needed to invoice for the work. The OS-501 and the Billable Summary Report will be mailed to the Pennsylvania Department of Transportation Engineering District 5-4 at RR#7, Box 7460, Stroudsburg, PA 18360, Attention: Nick Martino, or his/his designee, will confirm work that the vendor can invoice to the PennDOT Comptroller Office. Billable Summary and Confirmation of Services Form will be submitted on a monthly basis.

b) The Contractor shall submit an invoice to the PennDOT Comptroller Office (the address stated the first page of the Purchase Order), with the date of service, and the work listed by line item numbers, description and the unit prices.

c) The cost of materials, parts, or repair equipment shall be invoiced at the Contractor’s stated rate with a profit not to exceed 10%; which the material contingency line item that will be added within the award purchase order will be utilized for this charge.

2. Qualifications of Contractor:

a) The contractor’s service personnel must be qualified to perform all phases of Fencing maintenance and repair work; must have been actively involved in this business for a minimum of three (3) years. The contractor shall furnish all labor, materials, equipment, supervision, and reporting documentation as required in completing all preventative maintenance items in accordance with the specifications. The contractor shall be liable for repairs resulting from lack of preventative maintenance. All work must be performed in accordance with the Standard Industry Practices and Codes.

3. Character of Workers and Equipment:

a) Employ at all times sufficient labor and equipment for performing all the work required. In the event the Department County manager or his/her designees’ opinion, declares any person unfit to perform said tasks on a project, works’ contrary to instructions, or exhibits improper conduct; can choose to not employ the person again on the project without written permission of the Department County manager or his/her designee.

b) Furnish the type, condition, and quantity of equipment that meets the qualifications necessary for the proper execution of the work within the specified purchase order/contract time. Maintain the equipment in good condition, subject to acceptance, before and during use in connection with the project.

4. Equipment:

a) The Contractor is required to provide all equipment necessary to complete the identified work in the time frame from the date of being provided a fully executed purchase order.

5. Personnel:

a) The Contractor is required to supply as many crews as necessary to complete the work within the scheduled time frame.

b) All work performed will be by a skilled craftsmen in a professional manner is warranted for a period of one (1) year from completion date.

6. Mobilization:

a) Any cost associated with mobilization and other items such as; required licenses, permits, insurance, and communication devices as directed by the Department for the duration of this purchase order/contract will be considered incidental to the items of work and no additional payment will be made.

b) Travel time will NOT be paid to or from the jobsites (stockpiles, under “Locations”).

7. PennDOT’s Strategic Environmental Management Program (SEMP) Requirements:

a) The Contractor must comply with PennDOT’s Strategic Environmental Program (SEMP) requirements. The requirements of this program are included/ attached to this Specification.

Green Plan Policy:

b) PennDOT has implemented a Strategic Environmental Management Program (SEMP) which complies with the ISO 14001:2004 standard. As part of SEMP, PennDOT has established a Green Plan Policy that can be found at www.dot.state.pa.us and is also posted at PennDOT District and County Offices.

c) The Green Plan Policy is designed to protect the environment, conserve resources and comply with environmental laws and regulations. The contractor shall ensure that its personnel (including the personnel of any of its subcontractors) are aware of PennDOT’s commitment to protecting the environment, are properly trained about the environmental impacts of their work and are competent (through appropriate work experience, job training or classroom education) to perform the work that they

8. Publication 408 Requirements:

a) Applicable sections on material reference Publication 408/2011, Initial Edition, which will govern the material under these specifications. Publication 408, Specifications, can be viewed on PennDOT’s home page (http://www.dot.pa.us) by selecting publications.

9. Permits:

a) The Department is responsible to determine if permits must be acquired to perform the work. The department will also acquire all permits found to be necessary. Monroe County Maintenance Office will be responsible to initiate and track the permitting process.

b) Contractor will coordinate with the Department and provide whatever information is requested to enable Department to acquire any necessary permits. Contractor will also confirm that all permits have been acquired before performing the work.

10. Basis of Payment (ALL QUANTITIES ARE ESTIMATED):

a) Work time begins when the contractor arrives at the job site and ends when the contractor leaves the job site. Contractor will not be paid for travel time.

b) Payment will be made on a per item basis after the following conditions have been met:

c) The Contractor will be responsible for work documentation. The Department will supply form OS-501 for this purpose. The Contractor will also include all necessary information required related to work completed. The Contractor must place the Purchase Order Number on each OS-501 form and on each invoice.

d) At the contractors request or Departments request an inspection will be performed regarding completed repairs. A Contractors representative is required to attend. At that time any unsatisfactory item will be identified and the Contractor will have until the agreed upon scheduled completion date to complete the required work.

e) The Department shall perform a final inspection before the Contractor invoices for the final payment.

f) After the final inspection, the Contractor will be immediately notified of the results, when the contracted work item is accepted by the Department the Contractor may then invoice the Commonwealth at the “Bill To” address on the purchase order. A copy of that invoice will also be sent to the Monroe County Roadway Program Coordinator (RPC), to insure proper and timely payment.

g) Meet the requirements of “Special Provision”, “Special Invoicing and Billing Instructions”. Failure to complete OS-501 form properly may result in a delay in payment. Once all work is approved by the County Manager or his/her designee, an official invoice may be sent to the Office of Comptroller for payment.

11. Material Contingency

a) All material will be itemized. All labor materials used will be documented on Form M-609 (Daily Roadside Activity Report) and the Form OS-501 (Confirmation of Services). These reports will be signed by the contractor’s representative and by the County Equipment Manager or his designee following completion of each work assignment. These reports shall service as a basis for payment.

b) All materials utilized must be originally manufactured or approved substitutes.

c) This item of the purchase order will be utilized for new or additional material, power equipment rental and other items as required that are not included in Item # 1, 2, 3, & 4 when necessary to complete required projects as directed by the County Manager or his/her designee. The Contractor shall provide all lubricants and fuel for equipment. This will not be a bid item within the IFB as an estimated price for all bidders. The purchase order created form this IFB Solicitation will have an additional line item for material contingency/parts allowance. An allowance of $2000.00 will be allotted for material contingency; which is also an estimated value.

d) All replaced material shall have a warranty of one (1) year after placement by the Contractor.

e) The Contractor shall provide any requested material within ten (10) calendar days of written or verbal notification. If desired material is not available, the Contractor must present written verification to the County Manager or his/her designee.

f) All material expected to cost in excess of $300.00 must be approved by the County Manager or his/her designee prior to purchasing.

g) Measurement and Payment – Each. For all material and equipment rental shall be paid at invoice price plus 10% and documented on the Confirmation of Services OS-501. If the Contractor currently owns the required equipment, rates will be determined according to the current Pub 404 Section 110.03 (3).

12. Liquidated Damages:

a) This section is in accordance with the Invitation for Bids (IFB) Terms and Conditions for liquidated damages and as well is stated within the Specifications. The Contractor is required to satisfactorily complete the awarded purchase order in accordance with the terms and conditions and attached specifications. If the purchase order is not complete and accepted by the Department, the Contractor will be assessed liquidated damages in accordance with the terms and conditions of the IFB.

13. Non-Compliance:

a) In the event the Contractor fails to perform work according to the specifications and requirements of the contract or any part thereof, the Department reserves the right upon forty eight (48) hours written notice to terminate further performance by the Contractor of record and award the same to another Contractor without liability therefore, except for payment for work satisfactorily performed prior to date of termination.

b) If, for any reason, the Contractor fails to comply with the requirements of the specifications, PennDOT Specifications, Pub 408 shall prevail. In the event that any materials furnished by the Contractor are found to be defective, unsuitable, or otherwise unacceptable, the materials shall be removed by the Contractor and replaced with acceptable materials installed anew to the satisfaction and approval of the County Manager or his/her designee at the cost and expense of the Contractor.

c) A penalty of $150.00 shall be assessed per site per occurrence to the Contractor each time maintenance work is not started and satisfactorily performed by the Contractor or when requested material is not delivered as directed by the County Manager or his/her designee. Such assessments shall be deducted from the Contractor’s next payment following the occurrence(s). If multiple assessments exceed the next payment amount, a deduction will be made on the following months invoice until all liquidated damages are assessed.

d) Other causes for non-compliance penalties shall be but not limited to as follows:

· Not picking up and discarded material(s).

· Crew personnel not wearing safety equipment or working in an unsafe manner

· Leaving the facility in a general unsightly appearance.

14. OS-52 Insurance Requirements - Liability

a) Insurance Certificate is required as specified in the general contract/purchase order document. The Contractor shall submit to the Roadway Program Coordinator (RPC) within ten (10) days of notification of their successful, executed, approved purchase order, a copy of their insurance certificate in adherence to the OS-52 Insurance Requirements.

15. Additional Information

a) Any work done without authorization of the proper Department personnel are subject to non-payment. Prior to the effective date of the purchase order, the Department will provide a list of authorized personnel responsible for requesting work to be performed.

b) The Contractor shall provide the Department with all necessary information including business phone, cell phone, fax and e-mail prior to the start of any work.

c) Travel time is not included as hours of service and cannot be charged for any work performance under this purchase order. Contractor’s time begins upon arrival and ends upon departure from the site. No additional time allowance is made.

16. Safety Requirements

a) The Contractor shall perform all specified work with the knowledge that the safety of all personnel be adhered too. Maintenance work shall be performed with a minimum amount of interference with the normal operation of the stockpiles.

b) Special precautions shall be taken when using power equipment near buildings. The Contractor shall be responsible for damage to any structures, vehicles or persons at the stockpiles. All damages shall be paid for by the Contractor and at no additional cost to the department.

c) No work shall be performed on holidays, or during holiday weekends, weekends, or scheduled activities, unless written authorization from the County Manager or his/her designee has been obtained.

d) All work must be performed during daylight normal working hours between 7:00am – 3:00pm; unless an emergency is specified.

e) Proper personal protective equipment must be worn by all personnel.

f) The Contractor shall comply with all State and Federal laws and to OSHA safety requirements.

17. Bidding Reservation Clause:

a) The right is reserved to reject any or all proposals/bids or to advertise for new proposals/IFB; in the best interests of the Commonwealth will be promoted thereby.

18. Laws, Ordinances, and Fees:

a) The contractor must comply with all laws, ordinances, rules, and regulations as applicable and as may be set forth by PennDOT covering work specified in this contract, and must secure all permits and pay all required fees.