request for proposal for professional design services ... procure professional design services....
TRANSCRIPT
OSM PA (MAP-15)
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REQUEST FOR PROPOSAL FOR
PROFESSIONAL DESIGN SERVICES -
AERIAL PHOTOGRAPHY, SURVEYING AND MAPPING SERVICES
ISSUING OFFICE
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF ABANDONED MINE RECLAMATION
DIVISION OF PROJECT DESIGN
RFP NUMBER
OSM PA(MAP-15)
DATE OF ISSUANCE
June 26, 2015
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REQUEST FOR PROPOSAL FOR
PROFESSIONAL DESIGN SERVICES -
AERIAL PHOTOGRAPHY, SURVEYING AND MAPPING SERVICES
TABLE OF CONTENTS
Page No.
Part I - GENERAL INFORMATION FOR PROFESSIONALS ....................... Page 3-11 of 22
Part II - INFORMATION REQUIRED FROM PROFESSIONALS ................ Page 12-15 of 22
Part III - CRITERIA FOR SELECTION OF HIGHEST QUALIFIED
FIRM; FEE NEGOTIATION ............................................................... Page 16-20 of 22
Part IV - WORK STATEMENT................................................................... Page 21 and 22 of 22
APPENDIX “A” PROFESSIONAL DESIGN SERVICES AGREEMENT ..................... Page 1-32 of 41
(Including Exhibits A-D)
APPENDIX “B” DOMESTIC WORKFORCE UTILIZATION CERTIFICATION ........... Page 33 of 41
APPENDIX “C” SMALL DIVERSE BUSINESS LETTER OF INTENT .......................... Page 34 of 41
APPENDIX “D” TRADE SECRET/CONFIDENTIAL PROPRIETARY
INFORMATION NOTICE .................................................................. Page 35-37 of 41
APPENDIX “E” PROPOSAL COVER SHEET .................................................................. Page 38 of 41
SCHEDULE “A” LABOR RATES ....................................................................................... Page 39 of 41
SCHEDULE “B” MAXIMUM FEE FOR MAPPING .......................................................... Page 40 of 41
SCHEDULE “C” MAXIMUM TURN AROUND TIME ..................................................... Page 41 of 41
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CALENDAR OF EVENTS
The Commonwealth will make every effort to adhere to the following schedule:
Activity Responsibility Date
Deadline to submit Questions via email (with the subject
line “RFP OSM PA (MAP-15) Question”) to RA-EPRFP-
Potential
Professionals July 17, 2015
Addenda and answers to potential Professional questions
posted to the DGS website
(http://www.dgsweb.state.pa.us/RTA/Search.aspx) no later
than this date.
Issuing Office July 24, 2015
Please monitor website for all communications regarding
the RFP.
Potential
Professionals
Sealed proposal must be received by the Issuing Office at
Department of Environmental Protection (DEP), Bureau of
Abandoned Mine Reclamation (BAMR), Division of Project
Design P.O. Box 69205, Harrisburg, Pennsylvania
17106-9205.
Professionals July 31, 2015
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PART I
GENERAL INFORMATION FOR PROFESSIONALS
I-1. Authority and Purpose. The Department of Environmental Protection is authorized under
Section 905 of the Commonwealth Procurement Code (62 Pa. C.S. 101 et seq.) (“CPC”) to
procure professional design services. Pursuant to this authority this request for proposal (RFP)
provides interested Professionals with sufficient information to enable them to prepare and
submit proposals for consideration by the Commonwealth of Pennsylvania to satisfy a need for
aerial photography, surveying and mapping services.
I-2. Issuing Office. This RFP is issued for the Commonwealth by the Department of Environmental
Protection (DEP), Bureau of Abandoned Mine Reclamation (BAMR), Division of Project Design
400 Market Street, 13th
Floor, P.O. Box 69205, Harrisburg, Pennsylvania 17106-9205. The
Issuing Office is the sole point of contact in the Commonwealth for this RFP.
I-3. Scope. This RFP contains instructions governing the proposals to be submitted and the material
to be included therein; a description of the service to be provided; requirements which must be
met to be eligible for consideration; general evaluation criteria; and other requirements to be met
by each proposal.
I-4. Problem Statement. Provide aerial photography, surveying, mapping, map reproduction and
other technical services as required, for the development of plans for reclamation of abandoned
mine lands, control and extinguishment of subsurface mine fires, abatement of acid mine
drainage (AMD) water pollution, water line extension/water line replacement and flood
protection projects.
I-5. Type of Contract. It is proposed that if a contract is entered into as a result of this RFP, it will
be a PROFESSIONAL DESIGN SERVICES AGREEMENT and will contain the provisions
shown in the attached standard PROFESSIONAL DESIGN SERVICES AGREEMENT
(APPENDIX A). The Commonwealth intends to award up to two (2) statewide contracts as a
result of this solicitation. Each contract will be awarded to the highest qualified firm at a fee
determined to be fair and reasonable to the Commonwealth, in accordance with the process set
forth in Section 905 of the CPC.
I-6. Rejection of Proposals. The Commonwealth reserves the right to reject any and all proposals
received as a result of this request, or to negotiate separately with competing contractors.
I-7. Incurring Costs. The Commonwealth is not liable for any costs incurred by Professionals prior
to issuance of an agreement.
I-8. Preproposal Conference. There will be no preproposal conference for this RFP. If there are
any questions, please forward them to the Issuing Office in accordance with Section I-9.
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I-9. Questions & Answers. If a Professional has any questions regarding this RFP, the Professional
must submit the questions by email (with the subject line “RFP OSM PA (MAP-15)
Question”) to the Issuing Office named in Part I, Section I-2 of the RFP. If the Professional
has questions, they must be submitted via email no later than the date indicated on the Calendar
of Events. The Professional shall not attempt to contact the Issuing Office by any other means.
The Issuing Office shall post the answers to the questions on the DGS website by the date stated
on the Calendar of Events. A Professional who submits a question after the deadline date for
receipt of questions indicated on the Calendar of Events assumes the risk that its proposal will
not be responsive or competitive because the Commonwealth is not able to respond before the
proposal receipt date or in sufficient time for the Professional to prepare a responsive or
competitive proposal. When submitted after the deadline date for receipt of questions indicated
on the Calendar of Events, the Issuing Office may respond to questions of an administrative
nature by directing the questioning Professional to specific provisions in the RFP. To the extent
that the Issuing Office decides to respond to a non-administrative question after the deadline date
for receipt of questions indicated on the Calendar of Events, the answer must be provided to all
Professionals through an addendum.
All questions and responses as posted on the DGS website are considered as an addendum to,
and part of, this RFP in accordance with RFP Part I, Section I-10. Each Professional shall be
responsible to monitor the DGS website for new or revised RFP information. The Issuing Office
shall not be bound by any verbal information nor shall it be bound by any written information
that is not either contained within the RFP or formally issued as an addendum by the Issuing
Office. The Issuing Office does not consider questions to be a protest of the specifications or of
the solicitation. The required protest process for Commonwealth procurements is described in
Section 1711.1 of the Commonwealth Procurement Code, 62 P.S. §1711.1.
I-10. Addenda to the RFP. If the Issuing Office deems it necessary to revise any part of this RFP
before the proposal response date, the Issuing Office will post an addendum to the DGS website
at http://www.dgsweb.state.pa.us/RTA/Search.aspx. It is the Professional’s responsibility to
periodically check the website for any new information or addenda to the RFP. Answers to the
questions asked during the Questions & Answers period also will be posted to the website as an
addendum to the RFP.
I-11. Response Date. To be considered, proposals must arrive at the Issuing Office on or before the
time and date specified in the Calendar of Events. Professionals mailing proposals should allow
sufficient mail delivery time to ensure timely receipt of their proposals. Faxed proposals will not
be considered. If due to inclement weather natural disaster, or any other cause, the
Commonwealth office location to which proposals are to be returned is closed on the proposal
response date, the deadline for submission shall be automatically extended until the next
Commonwealth business day on which the office is open, unless the Professionals are otherwise
notified by the Commonwealth. The time for submission of proposals shall remain the same.
Proposals received after the time and date specified in the Calendar of Events will not be
considered regardless of the reason for the late submission.
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I-12. Proposals. To be considered, Professionals must submit to the issuing office a complete
response to this RFP, using the format provided in Part II. Four (4) paper copies of the
Technical Submittal and one (1) paper copy of the Cost Submittal and two (2) paper copies
of the Small Diverse Business (SDB) participation submittal must be submitted to the
Issuing Office. In addition to the paper copies of the proposal, Professionals shall submit (on
CD, DVD, or Flash drive) one (1) complete electronic copy of the Technical Submittal in
Adobe Acrobat (PDF) format, along with all requested paper copy documents. Professionals
should ensure that there is no costing information in the technical submittal. Professionals
should not reiterate technical information in the cost submittal. The CD, DVD, or Flash
drive should clearly identify the Professional. No other distribution of proposals will be made by
the Professional. Each proposal page should be numbered for ease of reference. Proposals must
be signed by an official authorized to bind the Professional to its provisions. If the official signs
the Proposal Cover Sheet (Appendix E) and it is attached to the proposal, the requirement
will be met. For this RFP, the proposal must remain valid for at least one hundred
twenty (120) days. Moreover, the contents of the proposal of the selected Professional will
become contractual obligations if an agreement is entered into.
Each and every Professional submitting a proposal specifically waives any right to withdraw or
modify it, except as hereinafter provided. Proposals may be withdrawn by written or telefax
notice received at the Issuing Office’s address for proposal delivery prior to the exact hour and
date specified for proposal receipt. However, if the Professional chooses to attempt to provide
such written notice by telefax transmission, the Commonwealth shall not be responsible or liable
for errors in telefax transmission. A proposal may also be withdrawn in person by a Professional
or its authorized representative, provided its identity is made known and it signs a receipt for the
proposal, but only if the withdrawal is made prior to the exact hour and date set for proposal
receipt. A proposal may only be modified by the submission of a new sealed proposal or
submission of sealed modification which complies with the requirements of this RFP.
I-13. Cost Submittal. All cost data for the proposal shall be submitted in a separate sealed envelope
within the sealed proposal and kept separate from the technical proposal. Failure to meet this
requirement will result in automatic disqualification of the proposal.
I-14. Small Diverse Business Information. The Issuing Office encourages participation by small
diverse businesses as prime contractors, and encourages all prime contractors to make a
significant commitment to use small diverse businesses as subcontractors and suppliers.
A Small Diverse Business is a DGS-verified minority-owned business, woman-owned business,
veteran-owned business or service-disabled veteran-owned business.
A small business is a business in the United States which is independently owned, not dominant
in its field of operation, employs no more than 100 full-time or full-time equivalent employees,
and earns less than $7 million in gross annual revenues for building design, $20 million in gross
annual revenues for sales and services and $25 million in gross annual revenues for those
businesses in the information technology sales or service business.
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Questions regarding this Program can be directed to:
Department of General Services
Bureau of Small Business Opportunities
Room 611, North Office Building
Harrisburg, PA 17125
Phone: 717.783.3119
Fax: 717.787.7052
Email: [email protected]
Website: www.dgs.state.pa.us
The Department’s directory of BSBO-verified minority, women, veteran and service disabled
veteran-owned businesses can be accessed from: Searching for Small Diverse Businesses.
I-15. Economy of Preparation. Proposals should be prepared simply and economically, providing a
straightforward, concise description of the Professional’s ability to meet the requirements of the
RFP.
I-16. Discussions for Clarification. Professionals who submit proposals may be required to make an
oral or written clarification of their proposals to the Commonwealth to ensure thorough mutual
understanding and Professional responsiveness to the solicitation requirements. The Issuing
Office will initiate requests for clarification. Clarifications may occur at any stage of the
evaluation and selection process prior to contract execution.
I-17. Prime Professional’s Responsibilities. The selected Professional will be required to assume
responsibility for all services offered in its proposal whether or not it produces them. Further, the
Commonwealth will consider the selected Professional to be the sole point of contact with regard
to contractual matters.
I-18. Proposal Contents.
A. Confidential Information. The Commonwealth is not requesting, and does not require,
confidential proprietary information or trade secrets to be included as part of
Professionals’ submissions in order to evaluate proposals submitted in response to this
RFP. Accordingly, except as provided herein, Professionals should not label proposal
submissions as confidential or proprietary or trade secret protected. Any Professional
who determines that it must divulge such information as part of its proposal must submit
the signed written statement described in subsection C. below and must additionally
provide a redacted version of its proposal, which removes only the confidential
proprietary information and trade secrets, for required public disclosure purposes.
B. Commonwealth Use. All material submitted with the proposal shall be considered the
property of the Commonwealth of Pennsylvania and may be returned only at the Issuing
Office’s option. The Commonwealth has the right to use any or all ideas not protected by
intellectual property rights that are presented in any proposal regardless of whether the
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proposal becomes part of a contract. Notwithstanding any Professional copyright
designations contained on proposals, the Commonwealth shall have the right to make
copies and distribute proposals internally and to comply with public record or other
disclosure requirements under the provisions of any Commonwealth or United States
statute or regulation, or rule or order of any court of competent jurisdiction.
C. Public Disclosure. After the award of a contract pursuant to this RFP, all proposal
submissions are subject to disclosure in response to a request for public records made
under the Pennsylvania Right-to-Know-Law, 65 P.S. § 67.101, et seq. If a proposal
submission contains confidential proprietary information or trade secrets, a signed written
statement to this effect must be provided with the submission in accordance with 65 P.S.
§ 67.707(b) for the information to be considered exempt under 65 P.S. § 67.708(b)(11)
from public records requests. Refer to Appendix “D” of this RFP for a Trade Secret
Confidential Proprietary Information Notice Form that may be utilized as the signed
written statement, if applicable. If financial capability information is submitted in
response to Part II of this RFP such financial capability information is exempt from
public records disclosure under 65 P.S. § 67.708(b)(26).
I-19. Best and Final Offers. To obtain best and final offers from Professionals, the Commonwealth
may do one or more of the following; (a) enter into discussions; (b) schedule oral presentations;
and (c) request revised proposals.
A. The following Professionals will not be invited by the Issuing Office to submit a Best and
Final Offer:
1. Those Professionals, which the Issuing Office has determined to be not
responsible or whose proposals the Issuing Office has determined to be not
responsive.
2. Those Professionals whose score for their technical submittal of the proposal
is less than 70% of the total amount of technical points allotted to the
technical criterion.
The issuing office may further limit participation in the best and final offers process to those
remaining responsible Professionals which the Issuing Office has, within its discretion,
determined to be within the top competitive range of responsive proposals.
I-20. News Releases. News releases, Internet postings, advertisements or any other public
communications pertaining to this agreement will not be made without prior Commonwealth
approval, and then only in coordination with the Issuing Office.
I-21. Restriction of Contact. From the issue date of this RFP until a determination is made
regarding the selection of a Professional’s proposal, all contacts with the Commonwealth
personnel concerning this RFP, proposals and the evaluation process must be approved through
the Issuing Office. Any violation of this condition is cause for the Commonwealth to reject the
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Professional’s proposal. If it is later discovered that any violations have occurred, the
Commonwealth may reject any proposal or rescind any contract awarded pursuant to this RFP.
Professionals must agree to make no other distribution of any part of their proposal beyond that
made to the Issuing Office. A Professional who shares information contained in their proposal
with other Commonwealth personnel and/or competing Professional personnel may be subject to
disqualification.
I-22. Standard Professional Agreement. The selected Professional(s) will be expected to enter into
an agreement as contained in the standard PROFESSIONAL DESIGN SERVICES
AGREEMENT attached as APPENDIX A to this RFP.
I-23. Debriefing Conferences. Professionals whose proposals are not selected will be notified of the
name(s) of the selected Professional(s) and will be given the opportunity to be debriefed. The
issuing office will schedule the time and location of the debriefing. The Professional will not be
compared with other contractors, other than the position of its proposal in relation to all other
proposals for each criterion for selection. Professional’s exercise of the opportunity to be
debriefed shall not constitute the filing of a protest hereunder.
I-24. Commonwealth Participation. Unless specifically noted in this section, Professionals must
provide all services to complete the identified work.
I-25. Term of Contract. The term of the Agreement will commence on the Effective Date (as defined
below) and will end one year from the effective date. The Agreement may be renewed by
contract amendment for up to four (4) additional consecutive annual terms, with a final
termination date of five (5) years from the effective date. The Effective Date shall be fixed by
the Issuing Office after the contract has been fully executed by the Professional and by the
Commonwealth and all approvals required by Commonwealth contracting procedures have been
obtained. The selected Professional(s) shall not start the performance of any work prior to the
Effective Date of the contract and the Commonwealth shall not be liable to pay the Selected
Professional(s) for any service or work performed or expenses incurred before the Effective Date
of the contract.
I-26. Professional’s Representations and Authorizations. Each Professional by submitting its
proposal understands, represents, and acknowledges that:
A. All information provided by, and representations made by, the Professional in the
proposal are material and important and will be relied upon by the Issuing Office in
awarding the contract(s). Any misstatement shall be treated as fraudulent concealment
from the Issuing Office of the true facts relating to the submission of this proposal. A
misrepresentation shall be punishable under 18 Pa. C.S. 4904.
B. The price(s) and amount of this proposal have been arrived at independently and without
consultation, communication or agreement with any other Professional or potential
Professional.
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C. Neither the price(s) nor the amount of the proposal, and neither the approximate price(s)
nor the approximate amount of this proposal, have been disclosed to any other firm or
person who is a Professional or potential Professional, and they will not be disclosed on
or before the proposal submission deadline specified in the Calendar of Events to this
RFP.
D. No attempt has been made or will be made to induce any firm or person to refrain from
submitting a proposal on this contract, or to submit a proposal higher than this proposal,
or to submit any intentionally high or noncompetitive proposal or other form of
complementary proposal.
E. The proposal is made in good faith and not pursuant to any agreement or discussion with,
or inducement from, any firm or person to submit a complementary or other
noncompetitive proposal.
F. To the best knowledge of the person signing the proposal for the Professional, the
Professional, its affiliates, subsidiaries, officers, directors, and employees are not
currently under investigation by any governmental agency and have not in the last four (4)
years been convicted or found liable for any act prohibited by State or Federal law in any
jurisdiction, involving conspiracy or collusion with respect to bidding or proposing on
any public contract, except as disclosed by the Professional in its proposal.
G. To the best of the knowledge of the person signing the proposal for the Professional and
except as otherwise disclosed by the Professional in its proposal, the Professional has no
outstanding, delinquent obligations to the Commonwealth including, but not limited to,
any state tax liability not being contested on appeal or other obligation of the Professional
that is owed to the Commonwealth.
H. The Professional is not currently under suspension or debarment by the Commonwealth,
or any other state, or the federal government, and if the Professional cannot certify, then it
shall submit along with the proposal a written explanation of why such certification
cannot be made.
I. The Professional has not, under separate contract with the Issuing Office, made any
recommendations to the Issuing Office concerning the need for the services described in
the proposal or the specifications for the services described in the proposal.
J. Each Professional, by submitting its proposal, authorizes all Commonwealth agencies to
release to the Commonwealth information related to liabilities to the Commonwealth
including, but not limited to, taxes, unemployment compensation, and workers’
compensation liabilities.
K. Until the selected Professional receives a fully executed and approved written contract
from the Issuing Office, there will be no legal and valid contract, in law or in equity, and
the Professional shall not begin to perform.
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I-27. Notification of Selection. The responsible Professionals whose proposals are determined to be
the most advantageous to the Commonwealth, as determined by the Issuing Office, after taking
into consideration all of the evaluation factors, shall be notified in writing of their selection for
negotiation.
Professionals whose proposals are not selected will be notified when contract negotiations have
been completed and the issuing office has received the final contract signed by the selected
Professional.
I-28. RFP Protest Procedure. Protests of solicitations or awards shall be filed and resolved in
accordance with Section 1711.1 of the CPC.
I-29. Use of Electronic Versions of this RFP. This RFP is being made available by electronic means.
If a Professional electronically accepts the RFP, the Professional acknowledges and accepts full
responsibility to insure that no changes are made to the RFP. In the event of a conflict between a
version of the RFP in the Professional’s possession and the Issuing Office’s version of the RFP,
the Issuing Office’s version shall govern.
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PART II
INFORMATION REQUIRED FROM PROFESSIONALS
Professional proposals must be submitted in the format, including heading descriptions, outlined below.
To be considered, the proposal must respond to all requirements in this part of the RFP. Any other
information thought to be relevant, but not applicable to the enumerated categories, should be provided
as an appendix to the proposal. All cost data relating to this proposal and all Small Diverse Business
cost data should be kept separate from and not included in the Technical Submittal. Failure to
meet this requirement will result in automatic disqualification of the proposal.
Each proposal shall consist of three (3) separately sealed submittals. The submittals are as follows:
(i) Technical Submittal, in response to Sections II-1 through II-8, and Section II-11 hereof; (ii) Small
Diverse Business Submittal, in response to Section II-9 hereof; and (iii) Cost Submittal, in response to
Section II-10 hereof. In addition to the paper copies of the proposal, Professionals shall submit (on CD,
DVD, or Flash drive) one (1) complete electronic copy of the Technical Submittal in Adobe Acrobat
(PDF) format, along with all requested paper copy documents as detailed in Section I-12.
The Commonwealth reserves the right to request additional information which, in the Commonwealth’s
opinion, is necessary to assure that the Professional’s competence, number of qualified employees,
business organization, and financial resources are adequate to perform according to the contract.
The Commonwealth may make such investigations as deemed necessary to determine the ability of the
Professional to perform the work, and the Professional shall furnish to the Commonwealth all such
information and data for this purpose as requested by the Commonwealth. The Commonwealth reserves
the right to reject any proposal if the evidence submitted by, or investigation of, such Professional fails
to satisfy the Commonwealth that such Professional is properly qualified to carry out the obligations of
the agreement and to complete the work specified.
II-1. Statement of the Problem. State in succinct terms your understanding of the services required
by this RFP.
II-2. Management Summary. Include a narrative description of the proposed effort and a list of the
items to be delivered or services to be provided.
II-3. Work Plan. Describe in narrative form your technical plan for accomplishing the work. Use the
items in Part IV of this RFP as a reference point. Modifications of the items are permitted;
however, reasons for changes should be fully explained. Include a Program Evaluation
Technique (PERT) or similar type display, time related, showing each event. If more than one
approach is apparent, comment on why you chose this approach.
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II-4. Prior Experience. Include experience in providing aerial photography and mapping services for
the development of plans for, but not limited to, reclamation of abandoned mine lands projects,
control and extinguishment of subsurface mine fires, abatement of AMD water pollution and
flood protection projects. Experience shown should be work done by individuals who will be
assigned to this project as well as that of your company. Studies or projects referred to should be
identified and the name of the customer shown, including the name, address, and telephone
number of the responsible official of the customer, company, or agency who may be contacted.
II-5. Personnel and Equipment. Include the number of professional personnel, photogrammetrists,
stereo compilers, surveyors, programmers, etc., who will be engaged in the work. Show where
these personnel will be physically located during the time they are engaged in the work. Include
education and experience in photogrammetric mapping and surveying. Indicate the
responsibilities each will have in this project and how long each has been with your company.
Include type of equipment which will be used to provide the required services. Identify
subcontractors you intend to use and the services they will perform.
II-6. Financial Capability. Financial Capability information will not be evaluated as part of this RFP
and is not required.
II-7. Turn Around Time Data. Schedule “C”, attached hereto, shall be completed by the
Professional and submitted.
II-8. Objections and Additions to Standard Contract Terms and Conditions. Professional will
identify which, if any, of the terms and conditions contained in Appendix A it would like to
renegotiate and what additional terms and conditions Professional would like to have included in
the terms and conditions. Professional’s failure to make a submission under this paragraph will
result in its waiving its right to do so later, but the Commonwealth may consider late objections
and additional requests if it is in the best interest of the Commonwealth to do so. The
Commonwealth may, in its sole discretion, reject any changes requested by the Professional.
Requested changes must be to the terms and conditions set out in Appendix A. Requests to
change other provisions of the RFP will not be considered. A request that Professional’s terms
and conditions be substituted for Appendix A will not be considered. All terms and conditions
must appear in one integrated contract. References to online guides or online terms and
conditions will not be accepted.
II-9. Small Diverse Business Participation Submittal.
A. To receive credit for being a Small Diverse Business or for subcontracting with a Small
Diverse Business (including purchasing supplies and/or services through a purchase
agreement), a Professional must include proof of Small Diverse Business qualification in
the Small Diverse Business participation submittal of the proposal, as indicated below:
A Small Diverse Business verified by BSBO as a Small Diverse Business must provide a
photocopy of its DGS issued certificate entitled “Notice of Small Business Self-
Certification and Small Diverse Business Verification” indicating its diverse status.
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B. In addition to the above certificate, the Professional must include in the Small Diverse
Business participation submittal of the proposal the following information:
1. All Professionals must include a numerical percentage which represents the total
percentage of the work (as a percentage of the total Contract price which includes
all Task Agreements issued under the contract, for purposes of the SDB submittal
only, assume a total contract price of $500,000) to be performed by the
Professional and not by subcontractors and suppliers.
2. All Professionals must include a numerical percentage which represents the total
percentage of the work as a percentage of the total Contract price (for purposes of
the SDB submittal only, assume a total contract price of $500,000) paid to the
Professional under the Contract that the Professional commits to paying to Small
Diverse Businesses (SDBs) as subcontractors. Professionals will be required to
meet the same SDB percentage of the actual contract price. To support its
total percentage SDB subcontractor commitment, Professional must also include:
a) The percentage and of each subcontract commitment to a Small Diverse
Business;
b) The name of each Small Diverse Business. The Professional will not
receive credit for stating that after the contract is awarded it will find a
Small Diverse Business.
c) The services or supplies each Small Diverse Business will provide,
including the timeframe for providing the services or supplies.
d) The location where each Small Diverse Business will perform services.
e) The timeframe for each Small Diverse Business to provide or deliver the
goods or services.
f) A subcontract or letter of intent signed by the Professional and the Small
Diverse Business (SDB) for each SDB identified in the SDB Submittal.
The subcontract or letter of intent must identify the specific work, goods or
services the SDB will perform, how the work, goods or services relates to
the project, and the specific timeframe during the term of the contract and
any option/renewal periods when the work, goods or services will be
performed or provided. In addition, the subcontract or letter of intent must
identify the fixed percentage commitment and associated estimated dollar
value that each SDB will receive based on an assumed total value of the
initial term of the contract as $100,000 for SDB scoring purposes only.
Attached is a letter of intent template (Appendix “C”) which may be used
to satisfy these requirements.
g) The name, address and telephone number of the primary contact person for
each Small Diverse Business.
3. The total percentages and each SDB subcontractor commitment will become
contractual obligations once the contract is fully executed.
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4. The name and telephone number of the Professional’s project (contact) person for
the Small Diverse Business information.
C. The Professional is required to submit two copies of its Small Diverse Business
participation submittal. The submittal shall be clearly identified as Small Diverse
Business information and sealed in its own envelope, separate from the remainder of the
proposal.
D. A Small Diverse Business can be included as a subcontractor with as many prime
contractors as it chooses in separate proposals.
E. A Professional that qualifies as a Small Diverse Business and submits a proposal as a
prime contractor is not prohibited from being included as a subcontractor in separate
proposals submitted by other Professionals.
II-10. Cost Submittal. All cost data, SCHEDULE “A” and SCHEDULE “B” shall be filled in by the
Professional in ink or typewritten and submitted. All cost data for the proposal shall be
submitted in a separate sealed envelope within the sealed proposal and kept separate from the
technical proposal. Failure to meet this requirement will result in automatic disqualification of
the proposal.
Only work satisfactorily performed after execution of a written contract, after the
Professional’s receipt of a notice to proceed from the Commonwealth and after the contract
term has begun will be reimbursed.
II-11. Additional Submittals. Submit from the PROFESSIONAL DESIGN SERVICES
AGREEMENT (APPENDIX A), completed “Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion,” Exhibit “C,” and the “U.S. Department of the Interior
Certification Regarding Lobbying,” Exhibit “D.” Submit from the RPF, the “Domestic
Workforce Utilization Certification,” Appendix “B,” “Small Diverse Business Letter of Intent,”
Appendix “C” and Trade Secret/Confidential Proprietary Information Notice,” Appendix “D” and
the “Proposal Cover Sheet,” APPENDIX “E”.
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PART III
CRITERIA FOR SELECTION OF HIGHEST QUALIFIED FIRM;
FEE NEGOTIATION
III-1. Mandatory Responsiveness Requirements. To be eligible for selection, a proposal must be
(a) timely received from a Professional; (b) properly signed by the Professional; and
(c) formatted such that all cost data is kept separate from and not included in the Technical
Submittal. All cost data for the proposal shall be submitted in a separate sealed envelope
within the sealed proposal and kept separate from the technical proposal. Failure to meet
this requirement will result in automatic disqualification of the proposal
III-2. Technical Nonconforming Proposals. The three (3) Mandatory Responsiveness Requirements
set forth in Section III-1 above (a-c) are the only RFP requirements that the Commonwealth will
consider to be non-waivable. The Issuing Office reserves the right, in its sole discretion, to
(1) waive any other technical or immaterial nonconformities in a Professional’s proposal,
(2) allow the Professional to cure the nonconformity, or (3) consider the nonconformity in the
scoring of the Professional’s proposal.
III-3. Evaluation. All proposals received from Professionals will be reviewed and evaluated by a
committee of qualified personnel selected by the Commonwealth in accordance with the
selection method set forth in Section 905 of the CPC. Independent of the committee, BSBO will
evaluate the Small Diverse Business participation submittal and provide the Issuing Office with a
rating for this component of each proposal. The committee will recommend for selection the
proposal(s) which it determines is the most advantageous to the Commonwealth after considering
all of the evaluation factors. Award will only be made to a Professional determined to be
responsible in accordance with Commonwealth Management Directive 215.9, Contractor
Responsibility Program.
III-4. Highest Qualified Firm Determination. The following areas of consideration will be used in
making the selection of the highest qualified firm:
A. Technical. The Commonwealth has established the weight for the technical criterion for
this RFP as 80% of the total points.
1. Understanding the Problem. This refers to the Professional’s understanding of
the Department’s needs that generated the RFP, of the Department’s objectives in
asking for the services and of the nature and scope of the work involved.
2. Professional Qualifications. This refers to the particular capability of the
Professional to meet the terms of the RFP and perform the design services for the
contract being considered.
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3. Personnel Qualifications. This refers to the competence of personnel who would
be assigned to the projects by the Professional. Qualifications of professional
personnel will be measured by education and experience with particular attention
to experience in photogrammetric mapping. Particular emphasis is placed on the
qualifications of the project manager.
4. Professional Experience. This refers to the Professional’s prior experience in
providing the design services described in the RFP.
5. Turn Around Time. Emphasis here is the Professional’s capability to deliver the
services described in the RFP.
6. Available Equipment, Facilities. Consideration will be given to the equipment
and facilities that are available to the Professional.
7. Geographic Proximity of Design Professional to the Work. Consideration will
be given to the location of facilities and personnel assigned to the work in relation
to the projects.
8. Equitable Distribution of Contracts to Design Professionals.
B. Small Diverse Business Participation: BSBO has established the weight for the Small
Diverse Business (SDB) participation criterion for this RFP as 20% of the total points.
Each SDB participation submittal will be rated for its approach to enhancing the
utilization of SDBs in accordance with the below-listed priority ranking and subject to the
following requirements:
1. A business submitting a proposal as a prime contractor must perform 60%
of the total contract value to receive points for this criterion under any
priority ranking.
2. To receive credit for an SDB subcontracting commitment, the SDB subcontractor
must perform at least fifty percent (50%) of the work subcontracted to it.
3. A significant subcontracting commitment is a minimum of five percent (5%) of
the total contract value.
4. A subcontracting commitment less than five percent (5%) of the total contract
value is considered nominal and will receive reduced or no additional SDB points
depending on the priority ranking.
Priority Rank 1: Proposals submitted by SDBs as prime Professionals will
receive 150 points. In addition, SDB prime Professionals that have significant
subcontracting commitments to additional SDBs may receive up to an additional
50 points (200 points total available).
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Subcontracting commitments to additional SDBs are evaluated based on the
proposal offering the highest total percentage SDB subcontracting commitment.
All other Professionals will be scored in proportion to the highest total percentage
SDB subcontracting commitment within this ranking. See formula below.
Priority Rank 2: Proposals submitted by SDBs as prime contractors, with no or
nominal subcontracting commitments to additional SDBs, will receive 150 points.
Priority Rank 3: Proposals submitted by non-small diverse businesses as prime
contractors, with significant subcontracting commitments to SDBs, will receive
up to 100 points. Proposals submitted with nominal subcontracting commitments
to SDBs will receive points equal to the percentage level of their total SDB
subcontracting commitment.
SDB subcontracting commitments are evaluated based on the proposal offering
the highest total percentage SDB subcontracting commitment. All other
Professionals will be scored in proportion to the highest total percentage SDB
subcontracting commitment within this ranking. See formula below.
Priority Rank 4: Proposals by non-small diverse businesses as prime contractors
with no SDB subcontracting commitments shall receive no points under this
criterion.
To the extent that there are multiple SDB Participation submittals in Priority
Rank 1 and/or Priority Rank 3 that offer significant subcontracting commitments
to SDBs, the proposal offering the highest total percentage SDB subcontracting
commitment shall receive the highest score (or additional points) available in that
Priority Rank category and the other proposal(s) in that category shall be scored in
proportion to the highest total percentage SDB subcontracting commitment.
Proportional scoring is determined by applying the following formula:
SDB % Being Scored x Points/Additional = Awarded/Additional
Highest % SDB Commitment Points Available* SDB Points
Priority Rank 1 = 50 Additional Points Available
Priority Rank 3 = 100 Total Points Available
Please refer to the following webpage for an illustrative chart which shows SDB scoring
based on a hypothetical situation in which the Commonwealth receives proposals for each
Priority Rank:
http://www.dgs.pa.gov/Businesses/Materials%20and%20Services%20Procurement/Procu
rement-Resources/Pages/default.aspx.
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C. Domestic Workforce Utilization. Any points received for the Domestic Workforce
Utilization criterion are bonus points in addition to the total points for this RFP. The
maximum bonus points for this criterion is 3% of the total points for this RFP. To
the extent permitted by the laws and treaties of the United States, each proposal will be
scored for its commitment to use domestic workforce in the fulfillment of the contract.
Maximum consideration will be given to those Professionals who will perform the
contracted direct labor exclusively within the geographical boundaries of the United
States or within the geographical boundaries of a country that is a party to the World
Trade Organization Government Procurement Agreement. Those who propose to
perform a portion of the direct labor outside of the United States and not within the
geographical boundaries of a party to the World Trade Organization Government
Procurement Agreement will receive a correspondingly smaller score for this criterion.
Professionals who seek consideration for this criterion must submit in hardcopy the
signed Domestic Workforce Utilization Certification Form attached here to as
Appendix “B” in the same sealed envelope with the Technical Submittal. The
certification will be included as a contractual obligation when the contract is executed.
III-5. Fee Negotiation. In accordance with the selection method in Section 905(g) of the CPC, once
the Department has determined the highest qualified firm, it will use the cost data submitted by
the Professional as part of its proposal as a basis for negotiating a fee determined to be fair and
reasonable to the Commonwealth. Final negotiated cost data will be attached to the
PROFESSIONAL DESIGN SERVICES AGREEMENT as SCHEDULE “A” and
SCHEDULE “B.”
III-6. Professional Responsibility. To be responsible, a Professional must submit a responsive
proposal and possess the capability to fully perform the contract requirements in all respects and
the integrity and reliability to assure good faith performance of the contract.
In order for a Professional to be considered responsible for this RFP, and therefore, eligible for
selection for best and final offer or selection for contract negotiations, the total score for the
technical submittal of the Professional’s proposal must be greater than or equal to 70% of the
available technical points.
Further, the Issuing Office will award a contract only to a Professional determined to be
responsible in accordance with the most current version of Commonwealth Management
Directive 215.9, Contractor Responsibility Program.
III-7. Final Ranking and Award.
A. After any best and final offer process conducted, the Issuing Office will combine the
evaluation committee’s final technical scores, BSBO’s final small diverse business
participation scores, and (when applicable) the domestic workforce utilization scores, in
accordance with the relative weights assigned to these areas as set forth in this Part.
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B. The Issuing Office will rank responsible Professionals according to the total overall score
assigned to each, in descending order.
C. The Issuing Office must select for contract negotiations the Professional with the highest
overall score.
D. The Issuing Office has the discretion to reject all proposals or cancel the request for
proposals, at any time prior to the time a contract is fully executed, when it is in the best
interests of the Commonwealth. The reasons for the rejection or cancellation shall be
made part of the contract file.
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PART IV
WORK STATEMENT
IV-1. Objective. The objective of the Division of Project Design in initiating the RFP is to retain up to
two (2) firms to provide photogrammetric mapping services for reclamation of abandoned mine
lands, control and extinguishment of subsurface mine fires, abatement of AMD water pollution,
water line extension/water line replacement and flood protection projects in the Commonwealth
of Pennsylvania.
IV-2. Nature and Scope of the Work. The majority of photogrammetric mapping projects are located
in the Bituminous coal fields of Western Pennsylvania and the Anthracite coal fields of
Northeastern Pennsylvania. The work includes all the technical activities associated in aerial
photography, surveying, photogrammetric mapping, map reproduction and digitizing the
mapping activities for the reclamation of abandoned mine sites, control and extinguishment of
subsurface mine fires, abatement of AMD water pollution, water line extension/water line
replacement and flood protection projects. The Department reserves the right to assign a specific
contract number.
IV-3. Requirements. The specific activities for which the PROFESSIONAL is expected to provide
the services are described in Paragraph 1.01 of the GENERAL REQUIREMENTS of the
PROFESSIONAL DESIGN SERVICES AGREEMENT, APPENDIX “A”.
IV-4 Contract Requirements—Small Diverse Business Participation. All contracts containing
Small Diverse Business participation must also include a provision requiring the selected
contractor to meet and maintain those commitments made to Small Diverse Businesses at the
time of proposal submittal or contract negotiation, unless a change in the commitment is
approved by the BSBO. All contracts containing Small Diverse Business participation must
include a provision requiring Small Diverse Business subcontractors to perform at least 50% of
the subcontracted work.
The selected contractor’s commitments to Small Diverse Businesses made at the time of proposal
submittal or contract negotiation shall, to the extent so provided in the commitment, be
maintained throughout the term of the contract and through any renewal or extension of the
contract. Any proposed change must be submitted to BSBO, which will make a recommendation
to the Contracting Officer regarding a course of action.
If a contract is assigned to another contractor, the new contractor must maintain the Small
Diverse Business participation of the original contract.
The selected contractor shall complete the Prime Contractor’s Quarterly Utilization Report (or
similar type document containing the same information) and submit it to the contracting officer
of the Issuing Office and BSBO within 10 workdays at the end of each quarter the contract is in
force. This information will be used to determine the actual dollar amount paid to Small Diverse
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Business subcontractors and suppliers. Also, this information will serve as a record of
fulfillment of the commitment the selected contractor made and for which it received Small
Diverse Business participation points. If there was no activity during the quarter then the form
must be completed by stating “No activity in this quarter.”
NOTE: EQUAL EMPLOYMENT OPPORTUNITY AND CONTRACT COMPLIANCE
STATEMENTS REFERRING TO COMPANY EQUAL EMPLOYMENT OPPORTUNITY
POLICIES OR PAST CONTRACT COMPLIANCE PRACTICES DO NOT CONSTITUTE
PROOF OF SMALL DIVERSE BUSINESS STATUS OR ENTITLE A PROFESSIONAL TO
RECEIVE CREDIT FOR SMALL DIVERSE BUSINESS UTILIZATION.
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APPENDIX A
PROFESSIONAL DESIGN SERVICES AGREEMENT
CONTRACT NO. OSM PA(MAP-15)
THIS AGREEMENT, entered into this ________ day of _____________, 2015, by the
DEPARTMENT OF ENVIRONMENTAL PROTECTION, of the Commonwealth of Pennsylvania, party of the
first part, hereinafter called “DEPARTMENT” and ________________________________________________,
party of the second part, hereinafter called “PROFESSIONAL”.
WHEREAS, aerial photography, surveying, mapping, map reproductions and other technical
services are required for the development of plans for reclamation of abandoned mine lands, abatement of air
and water pollution, prevention of surface subsidence and flood protection projects in the Commonwealth of
Pennsylvania, and;
WHEREAS, the PROFESSIONAL is qualified and equipped and agrees to perform such
services, and;
WHEREAS, it is in the best interest of the DEPARTMENT to obtain the assistance of the
PROFESSIONAL in connection with said work and services.
NOW, THEREFORE, the parties hereto intending to be legally bound do mutually agree as
follows:
Article 1 Character and Extent of Services. The PROFESSIONAL shall furnish the
following work and services: As specified in Paragraph 1.01 of the GENERAL REQUIREMENTS attached
hereto and made a part hereof.
Article 2 Changes. The DEPARTMENT may at any time, by a written order, make any
changes within the general scope of this AGREEMENT which may either increase or decrease the work and
services hereunder. If such change causes an increase or decrease in the cost of or the time required for
performance of this AGREEMENT, an equitable adjustment shall be made and the AGREEMENT shall be
modified in writing accordingly.
Article 3 Period of Services. The term of this AGREEMENT shall be for one year from the
date of this AGREEMENT. The parties hereto may agree, by contract amendment, to renew this
AGREEMENT for up to four (4) additional consecutive annual terms, with a final termination date of five (5)
years from the date of this AGREEMENT, upon the same terms and conditions set forth in this AGREEMENT.
Article 4 Compensation to the PROFESSIONAL. For services rendered, the
PROFESSIONAL will be paid as per SCHEDULE “A” and in accordance with Paragraph 1.04 of the
GENERAL REQUIREMENTS attached hereto and made a part hereof. No additional payment will be made for
mapping costs which exceed the unit costs per acre shown on SCHEDULE “B”. No additional payment will be
made for Field Survey and/or mapping acreage which exceeds the mapping acreage requested by the
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DEPARTMENT. Any additional acreage shall be borne by the PROFESSIONAL. The PROFESSIONAL will
perform the services as outlined in Paragraph 1.01 of the GENERAL REQUIREMENTS for the sum not to
exceed Four Hundred Thousand Dollars ($400,000.00) to be paid upon submission of invoices on a monthly
basis. The DEPARTMENT, through its duly appointed representatives, has the right to examine and audit,
during usual business hours, records of the PROFESSIONAL to verify invoices.
Article 5 Method of Payment. Payments will be made upon submission of proper invoices.
The original copy of the invoice (which must include the PROFESSIONAL’S Federal I.D. Number) shall be
submitted to the Department of Environmental Protection, Bureau of Abandoned Mine Reclamation,
35ABNDNMIN, P.O. Box 69205, Harrisburg, Pennsylvania, 17106-9205 or to another address assigned by the
DEPARTMENT.
The following information must be included on the invoices. Failure to include these elements will result in the
return of the invoice and a request for a new invoice.
Mandatory Elements
Preferred placement is top third of invoice
Preferred Elements
These elements will assist in prompt processing of
your invoice, but are not required for payment
Location Code: 35ABNDNMIN Supplier Name
Invoice Date Supplier Remit To Address Information
Invoice Number Supplier Fax Number
Gross/Total Amount Email Address of Supplier Contact Person
Description of Invoiced Item(s)
Article 6 Requirements for Registration of Engineers and Surveyors. The mapping portions
of the work shall be accomplished and/or reviewed and approved by engineers and surveyors registered to
practice in the particular professional field involved in the State of Pennsylvania.
Article 7 Drawings and Other Data to Become Property of DEPARTMENT.
(a) The PROFESSIONAL agrees that all aerial photography, negatives, notes, designs,
drawings, specifications and other technical data produced in the performance of this
AGREEMENT shall be the sole property of the DEPARTMENT including all rights
therein of whatever kind and whether arising from the common or civil law, equity, or the
statutes of the United States or any State thereof.
(b) The PROFESSIONAL agrees that duly authorized representatives of the DEPARTMENT
shall have access, at all reasonable times, to inspect and make copies of all notes, designs,
drawings, specifications, or other technical data pertaining to the work to be performed
under this AGREEMENT.
Article 8 DEPARTMENT’S Decisions. The extent and character of the work and services
to be performed by the PROFESSIONAL shall be subject to the general supervision, direction, control and
approval of the DEPARTMENT’S representative to whom the PROFESSIONAL shall report and be
responsible.
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All questions or disputes concerning questions of fact arising between the parties respecting any
matter pertaining to this AGREEMENT shall be decided by the DEPARTMENT. Appeals from these decisions
may be taken to the Board of Claims as provided by statute.
Article 9 Termination.
(a) The DEPARTMENT may terminate this AGREEMENT at any time and for any cause by
a notice, in writing, to the PROFESSIONAL. Upon receipt of such notice, the
PROFESSIONAL shall, unless the notice directs otherwise, immediately discontinue all
work and services.
(b) If the AGREEMENT is terminated for the convenience of the DEPARTMENT, payment
to the PROFESSIONAL will be made promptly for that portion of work and services
actually performed, less any payment previously made.
(c) If this AGREEMENT is terminated because of the failure on the part of the
PROFESSIONAL to fulfill his undertakings under this AGREEMENT, the
DEPARTMENT may take over the work and services and prosecute the same to
completion by AGREEMENT or otherwise, and the PROFESSIONAL shall be liable to
the DEPARTMENT for any excess cost occasioned to the DEPARTMENT hereby.
Article 10 Report of Contributions. During the term of this AGREEMENT, the
PROFESSIONAL is required to comply with the Act of June 3, 1937 (P.L. 1333, No. 320), as amended known
as the “Pennsylvania Election Code,” including:
“Section 3260a. Report by Business Entities; Publication by Duty of Secretary of the
Commonwealth.
(a) Any business entity, including but not limited to a corporation, company, association,
partnership or sole proprietorship, which has been awarded non-bid contracts from the
Commonwealth and its political subdivisions during the preceding calendar year, shall
report by February 15 to the Secretary of the Commonwealth an itemized list of all
political contributions known to the business entity by virtue of the knowledge possessed
by every officer, director, associate, partner, limited partner or individual owner that has
been made by (1) any officer, director, associate, partner, limited partner, individual
owner or member of their immediate family when the contributions exceed an aggregate
of $1000 by any individual during the preceding year; or (2) any employee or members of
his immediate family whose political contribution exceeded One Thousand Dollars
($1,000.00) during the preceding year. For the purpose of this subsection, ‘immediate
family’ means a person’s spouse and any unemancipated child.
(b) It shall be the duty of the Secretary of the Commonwealth to publish sixty days after
February 15 of each year a complete itemized list of all contributions given under the
provisions of subsection (a). This list shall be a matter of public record open to public
inspection and copies made available at cost to any individual who requests them.”
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Forms for the reports will be available from the Bureau of Elections, Department of State,
Room 304, North Office Building, Harrisburg, Pennsylvania, 17120.
Article 11 Covenant Against Contingent Fees. PROFESSIONAL warrants that no person or
selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement of
understanding for a commission, percentages, brokerage, or contingency fee, excepting bona fide employees or
bona fide established commercial business. For breach or violation of the warranty, DEPARTMENT shall have
the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT
price or consideration the full amount of such commission, percentage, brokerage, or contingent fee.
Article 12 Officials Not To Benefit. No official of the Commonwealth of Pennsylvania shall
be admitted to any share or part of this AGREEMENT or to any benefit that may arise therefrom, but this
provision shall not be construed to extend to this AGREEMENT if made with a corporation for its general
benefit.
Article 13 Convict Labor. In connection with the performance of work under this
AGREEMENT, PROFESSIONAL shall not employ any person undergoing sentence of imprisonment at hard
labor.
Article 14 Subletting or Assigning of Agreement. PROFESSIONAL shall not sublet, sell,
transfer, assign, or otherwise dispose of the AGREEMENT or AGREEMENTS or any portion thereof, or of
their rights, title or interest therein, without written consent of the DEPARTMENT.
Article 15 Accident Prevention. PROFESSIONAL shall at all times exercise such
precautions as may be necessary for the safety of employees on the work and shall comply with all applicable
provisions of Federal, State and local safety laws.
Article 16 Insurance.
PROFESSIONAL LIABILITY INSURANCE. No Professional Liability Insurance is required,
however, the following provisions are included in the AGREEMENT to enable the DEPARTMENT to recover
additional costs incurred as a result of errors, omissions and failures by the PROFESSIONAL in the
performance of work under this AGREEMENT:
(a) Each such alleged error, omission and failure, and known facts related thereto, will be
carefully reviewed by the DEPARTMENT.
(b) If the DEPARTMENT determines such errors, omissions or failures to be responsible for
the additional costs, the DEPARTMENT will notify the PROFESSIONAL, in writing, of
the DEPARTMENT’S determination. The DEPARTMENT will then pursue
reimbursement from the PROFESSIONAL in the following order of decreasing priorities:
1. Deductions from payments due the PROFESSIONAL under this AGREEMENT.
2. Repayment in full by the PROFESSIONAL.
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3. Deductions from payments due the PROFESSIONAL on other Agreements with
the DEPARTMENT.
4. Legal action by the Commonwealth to collect the costs.
GENERAL LIABILITY INSURANCE. The PROFESSIONAL shall secure and maintain, at its
sole cost and expense, General Liability Insurance, to protect the DEPARTMENT, and its employees, against
any and all claims arising out of the PROFESSIONAL’S services for damages in law or equity for property
damage and personal injury, including wrongful death. The limits of coverage as deemed adequate by the
PROFESSIONAL shall be acceptable by the DEPARTMENT unless manifestly unreasonable.
CERTIFICATE OF INSURANCE. The PROFESSIONAL shall furnish to the DEPARTMENT
periodically, as requested during the active terms of this AGREEMENT, a Certificate from its Insurance Carrier
which shall be an Insurance Company authorized to do business in Pennsylvania, indicating the existence of the
required insurance, the amount of the deductible and full coverage of such insurance, which shall be subject to
the approval of the DEPARTMENT for adequacy of protection, and as within the limits such Carrier may
lawfully provide.
FAILURE TO COMPLY WITH INSURANCE REQUIREMENTS. During any period in which
the PROFESSIONAL is not in compliance with the terms of this Article, no fees shall be paid by the
DEPARTMENT to the PROFESSIONAL.
Article 17 Commonwealth of Pennsylvania Saved Harmless. The PROFESSIONAL shall
hold the Commonwealth harmless from and indemnify the Commonwealth against any and all third party
claims, demands and actions based upon or arising out of any activities performed by the PROFESSIONAL and
its employees and agents under this Contract, provided the Commonwealth gives the PROFESSIONAL prompt
notice of any such claim of which it learns. Pursuant to the Commonwealth Attorneys Act (71 P.S.
Section 732-101, et seq.), the Office of Attorney General (OAG) has the sole authority to represent the
Commonwealth in actions brought against the Commonwealth. The OAG may, however, in its sole discretion
and under such terms as it deems appropriate, delegate its right of defense. If OAG delegates the defense to the
PROFESSIONAL, the Commonwealth will cooperate with all reasonable requests of the PROFESSIONAL
made in the defense of such suits.
Notwithstanding the above, neither party shall enter into any settlement without the other party's
written consent, which shall not be unreasonably withheld. The Commonwealth may, in its sole discretion,
allow the PROFESSIONAL to control the defense and any related settlement negotiations.
Article 18 Provisions Deemed Inserted. Each and every provision required to be inserted in
Professional Agreements by the law of Pennsylvania, or the lawful regulation of any agency of the
Commonwealth, and, if the Project involves the use of Federal funds, by any law of the United States of
America or the lawful regulations of any agency thereof applicable to the AGREEMENT, shall be deemed to be
inserted therein, and the AGREEMENT shall be read, interpreted and enforced as if such provisions were set
forth therein in full.
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Article 19 Physical Amendment of Agreement. If desired by the Department or by any State
or Federal officer having power to require the inclusion of provisions and terms in Professional Agreements, the
AGREEMENT shall be amended to include such provisions by the signature of all of the original signatories to
the AGREEMENT.
Article 20 Nondiscrimination/Sexual Harassment Provisions. During the performance of
this AGREEMENT, the PROFESSIONAL agrees to follow guidelines of EXHIBIT “A” attached hereto and
incorporated herein.
Article 21 Federal Requirements.
(a) All work under this AGREEMENT shall be performed in accordance with applicable
statutes, rules and regulations of the Federal government. All applicable Federal statutes
and provisions of the Code of Federal Regulations in effect on the date of execution of
this AGREEMENT are an integral part of this AGREEMENT.
(b) All applicable contract provisions specified by the Federal Government in
Attachment “O” of Office of Management and Budget (OMB) Circular A-102,
Section 14, entitled “Contract Provisions” are an integral part of this AGREEMENT.
(c) Regardless of any agreement between the Commonwealth and the United States of
America respecting contribution by the Federal government to the cost of this
AGREEMENT under the provisions of Title IV of the Surface Mining Control and
Reclamation Act of 1977, P.L. 95-87, the United States of America shall not be
considered to be a party to this AGREEMENT or in any manner liable thereunder.
Neither the Federal government nor any of its officers, agents or employees shall be
responsible for any loss, expense, damage to property or injuries to persons, which may
arise from or be incident to the use and occupation of any property affected by the
operation contemplated under this AGREEMENT, or for damages to the property of the
PROFESSIONAL, or for injuries to the person of the PROFESSIONAL, or for damages
to the property of, or injuries to, the PROFESSIONAL’S officers, agents, servants, or
employees, or others who may be on said premises at their invitation or the invitation of
any of them and the PROFESSIONAL shall hold the Federal government and any of its
officers, agents, or employees harmless from all such claims.
(d) The DEPARTMENT, the Federal Grantor Agency, the Comptroller General of the United
States, or any of their duly authorized representatives shall have access to any books,
documents, papers, and records of the PROFESSIONAL which are directly pertinent to
this AGREEMENT, for the purpose of making audit, examination, excerpts, and
transcriptions. PROFESSIONAL shall maintain all required records for three (3) years
after the DEPARTMENT makes final payments and all other pending matters are closed.
Article 22 Single Audit Act of 1984.
(a) This contract/award is subject to audit by Federal and State agencies or their authorized
representatives in accordance with the auditing standards promulgated by the Comptroller
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General of the United States and specified in Standards for Audits of Governmental
Organizations, Programs, Activities and Functions (Yellow Book - 1988 Revision).
(b) The audit requirement of this AGREEMENT will be satisfied if a single audit is
performed under the provisions of the Single Audit Act of 1984, 31 U.S.C. 7501 et seq.,
and in accordance with the provisions of OMB Circular A-133.
(c) The Commonwealth reserves the right for Federal and State agencies or their authorized
representatives to perform additional audits of a financial/compliance,
economy/efficiency, or program results nature, if deemed necessary.
Article 23 Compliance with Copeland Act. The PROFESSIONAL shall comply with the
provision of the Copeland “Anti-Kick Back” Act (18 U.S.C. 874) as supplemented in Department of Labor
regulations (29 CFR, Part 3). This Act provides that each PROFESSIONAL shall be prohibited from inducing,
by any means, any person employed in the construction, completion, or repair of public work, to give up any
part of the compensation to which he is otherwise entitled.
Article 24 Minority Business Enterprise Development. The PROFESSIONAL shall comply
with Executive Order No. 12432, Minority Business Enterprise Development, issued July 14, 1983, and all rules
and regulations promulgated for its implementation.
As expressed in the Executive Order, it is national policy to place a fair share of contracts with
minority business firms. To implement this policy, all recipients of contracts under this program are required to
take affirmative steps to ensure such fairness. Affirmative steps shall include, but not necessarily be limited to,
the following:
(a) The inclusion of qualified minority businesses on solicitation lists;
(b) The assurance that minority businesses are solicited whenever they are identified as
potential sources;
(c) The division of total requirements, when economically feasible, into small tasks or
quantities to permit maximum participation of minority businesses;
(d) The establishment of reasonable delivery schedules, so as to encourage participation by
minority businesses;
(e) The utilization of the services and assistance of the Small Business Administration, and
the Minority Business Development Agency of the U.S. Department of Commerce and
similar State and local offices; and
(f) The requirement that each subcontractor take the affirmative steps outlined in paragraphs
“a through f” of this section.
The PROFESSIONAL shall furnish such documentation and reports, as required when requested.
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Article 25 Professional Integrity Provisions. Included in and made a part of this
AGREEMENT is EXHIBIT “B”, a clause prohibiting the PROFESSIONAL and its employees from accepting
pay, remuneration, or gratuity of any value for performance of or information derived from this AGREEMENT
from any party other than the Commonwealth.
Article 26 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion Lower Tier Covered Transactions. Included in and made a part of this AGREEMENT is
EXHIBIT “C”, a clause for the prospective lower tier PROFESSIONAL to certify, by submission of this
proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
Article 27 Certification Regarding Lobbying. Section 319 of the Appropriation Act for
Fiscal Year 1990 amended Title 31 of the United States Code by adding a new Section 1352, “Limitation on use
of Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions”.
Section 1352 generally prohibits recipients of Federal Grants and cooperative agreements from
using appropriated funds to lobby the executive or legislative branches of the Federal government in connection
with a specific grant or cooperative agreement. Section 1352 also requires that each person who requests or
receives a Federal Grant or cooperative agreement must disclose any lobbying efforts with non-appropriated
funds.
The following requirements are applicable to the Office of Surface Mining Reclamation and
Enforcement’s grant program which provides funds for this contract.
Any person who receives a contract or subcontract exceeding $100,000.00 at any tier under a
Federal grant shall file the “Certification Regarding Lobbying” (Standard Form DI-1963) included in this
AGREEMENT as EXHIBIT “D”. If your bid exceeds $100,000.00, you must execute and submit this
certification with your bid. If the contract does not exceed $100,000.00 at the time of award, but later is
amended to exceed $100,000.00, you must execute the certificate at that time.
If the contract exceeds $100,000.00, the prime contractor must include the language of this
certification in all subcontracts at all tiers and all subrecipients shall certify accordingly.
In addition, for contracts exceeding $100,000.00, if any lobbying occurs at any tier, that tier must
complete and submit “Disclosure of Lobbying Activities”, Standard Form LLL which is included in and made a
part of this AGREEMENT as EXHIBIT “D”.
Article 28 Turn Around Time for Services. The PROFESSIONAL agrees to complete aerial
photography and mapping services within the maximum turn around times indicated on SCHEDULE “C”. If
the PROFESSIONAL fails to meet the times indicated in Schedule “C”, the PROFESSIONAL shall notify the
DEPARTMENT in writing of the reason for the delay within seven (7) days prior to the due date.
Article 29 Offset Provision. The PROFESSIONAL agrees that the Commonwealth may set
off the amount of any state tax liability or other obligation of the PROFESSIONAL or its subsidiaries to the
Commonwealth against any payments due the PROFESSIONAL under any contract with the Commonwealth.
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Article 30 PROFESSIONAL Responsibility Provisions. For the purpose of these provisions,
the term Professional is defined as any person, including, but not limited to, a bidder, offeror, loan recipient,
grantee or lessor, who has furnished or performed or seeks to furnish or perform, goods, supplies, services,
leased space, construction or other activity, under a contract, grant, lease, purchase order or reimbursement
agreement with the Commonwealth of Pennsylvania (Commonwealth). The term Professional includes a
permittee, licensee, or any agency, political subdivision, instrumentality, public authority, or other public entity
in the Commonwealth.
(a) The Professional certifies, in writing, for itself and its subcontractors required to be
disclosed or approved by the Commonwealth, that as of the date of its execution of this
Bid/Contract, that neither the Professional, nor any such subcontractors, are under
suspension or debarment by the Commonwealth or any governmental entity,
instrumentality, or authority and, if the Professional cannot so certify, then it agrees to
submit, along with its Bid/Contract, a written explanation of why such certification
cannot be made.
(b) The Professional also certifies, in writing, that as of the date of its execution of this
Bid/Contract it has no tax liabilities or other Commonwealth obligations, or has filed a
timely administrative or judicial appeal if such liabilities or obligations exist, or is subject
to a duly approved deferred payment plan if such liabilities exist.
(c) The Professional's obligations pursuant to these provisions are ongoing from and after the
effective date of the Contract through the termination date thereof. Accordingly, the
Professional shall have an obligation to inform the Commonwealth if, at any time during
the term of the Contract, it becomes delinquent in the payment of taxes, or other
Commonwealth obligations, or if it or, to the best knowledge of the Professional, any of
its subcontractors are suspended or debarred by the Commonwealth, the federal
government, or any other state or governmental entity. Such notification shall be made
within 15 days of the date of suspension or debarment.
(d) The failure of the Professional to notify the Commonwealth of its suspension or
debarment by the Commonwealth, any other state, or the federal government shall
constitute an event of default of the Contract with the Commonwealth.
(e) The Professional agrees to reimburse the Commonwealth for the reasonable costs of
investigation incurred by the Office of State Inspector General for investigations of the
Professional's compliance with the terms of this or any other agreement between the
Professional and the Commonwealth that results in the suspension or debarment of the
Professional. Such costs shall include, but shall not be limited to, salaries of
investigators, including overtime; travel and lodging expenses; and expert witness and
documentary fees. The Professional shall not be responsible for investigative costs for
investigations that do not result in the Professional's suspension or debarment.
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(f) The Professional may obtain a current list of suspended and debarred Commonwealth
Professionals by either searching the Internet at http://www.dgs.state.pa.us/ or contacting
the:
Department of General Services
Office of Chief Counsel
603 North Office Building
Harrisburg, PA 17125
Telephone No: (717) 783-6472
FAX No: (717) 787-9138
Article 31 Provisions Concerning The Americans With Disabilities Act. During the terms of
this AGREEMENT, the PROFESSIONAL agrees as follows:
(a) Pursuant to federal regulations promulgated under the authority of The Americans With
Disabilities Act, 28 C.F.R. § 35.101 et seq., the Professional understands and agrees that
no individual with a disability shall, on the basis of the disability, be excluded from
participation in this Contract or from activities provided for under this Contract. As a
condition of accepting and executing this contract, the Professional agrees to comply with
the "General Prohibitions Against Discrimination", 28 C.F.R. § 35.130, and all other
regulations promulgated under Title II of The Americans With Disabilities Act which are
applicable to the benefits, services, programs, and activities provided by the
Commonwealth of Pennsylvania through contracts with outside Professionals.
(b) The Professional shall be responsible for and agrees to indemnify and hold harmless the
Commonwealth of Pennsylvania from all losses, damages, expenses, claims, demands,
suits, and actions brought by any party against the Commonwealth of Pennsylvania as a
result of the Professional’s failure to comply with the provisions of subparagraph a above.
Article 32 Incorporated By Reference. The following documents are incorporated herein by
reference hereto as if physically attached:
(a) Request for proposal for Contract No. OSM PA (MAP-15); and
(b) Proposal from PROFESSIONAL submitted in response to the RFP.
Article 33 Pennsylvania Electronic Payment Program (PEPP):
All references to “Contractor” shall be deemed to be applicable to PROFESSIONAL.
(a) The Commonwealth will make contract payments through the Automated Clearing
House (ACH) Network. Within 10 days of award of the contract, the Contractor
must submit or must have already submitted its ACH information within its user
profile in the Commonwealth’s procurement system (SRM).
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(b) The Contractor must submit a unique invoice number with each invoice submitted.
The unique invoice number will be listed on the Commonwealth of Pennsylvania’s
ACH remittance advice to enable the Contractor to properly apply the Department’s
payment of the invoice submitted.
(c) It is the responsibility of the Contractor to ensure that the ACH information contained
in SRM is accurate and complete. Failure to maintain accurate and complete
information may result in delays in payments.
(d) The Contractor may enroll for PEPP at:
www.vendorregistration.state.pa.us/cvmu/paper/Forms/ACH-
EFTenrollmentform.pdf.
Article 34 Right to Know Law.
All references to “Contractor” shall be deemed to be applicable to PROFESSIONAL.
(a) The Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101-3104, applies to this Contract.
(b) Unless the Contractor provides the Commonwealth, in writing, with the name and contact
information of another person, the agency shall notify the Contractor using the Contractor
information provided by the Contractor in the legal contact information provided in this
Contract if the agency needs the Contractor’s assistance in any matter arising out of the
Right to Know Law (“RTKL”). The Contractor shall notify the agency in writing of any
change in the name or the contact information within a reasonable time prior to the
change.
(c) Upon notification from the Commonwealth that the Commonwealth requires the
Contractor’s assistance in responding to a RTKL request for records in the Contractor’s
possession, the Contractor shall provide the Commonwealth, within fourteen (14)
calendar days after receipt of such notification, access to, and copies of, any document or
information in the Contractor’s possession which arises out of the Contract that the
Commonwealth requests (“Requested Information”) and provide such other assistance as
the Commonwealth may request in order to comply with the RTKL. If the Contractor
fails to provide the Requested Information within fourteen (14) calendar days after receipt
of such request, the Contractor shall indemnify and hold the Commonwealth harmless for
any damages, penalties, detriment or harm that the Commonwealth may incur as a result
of the Contractor’s failure, including any statutory damages assessed against the
Commonwealth.
(d) The Commonwealth’s determination as to whether the Requested Information is a public
record is dispositive of the question as between the parties. Contractor agrees not to
challenge the Commonwealth’s decision to deem the Requested Information a Public
Record. If the Contractor considers the Requested Information to include a request for a
Trade Secret or Confidential Proprietary Information, as those terms are defined by the
RTKL, the Contractor will immediately notify the Commonwealth, and will provide a
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written statement signed by a representative of the Contractor explaining why the
requested material is exempt from public disclosure under the RTKL within seven (7)
calendar days of receiving the request. If, upon review of the Contractor’s written
statement, the Commonwealth still decides to provide the Requested Information,
Contractor will not challenge or in any way hold the Commonwealth liable for such a
decision.
(e) The Commonwealth will reimburse the Contractor for any costs associated with
complying with this provision only to the extent allowed under the fee schedule
established by the Office of Open Records or as otherwise provided by the RTKL if the
fee schedule is inapplicable.
(f) Contractor agrees to abide by any decision to release a record to the public made by the
Office of Open Records, or by the Pennsylvania Courts. The Contractor agrees to waive
all rights or remedies that may be available to it as a result of the Commonwealth’s
disclosure of Requested Information pursuant to the RTKL. Contractor’s duties relating
to the RTKL are continuing duties that survive the expiration of this Contract and shall
continue as long as the Contractor has Requested Information in its possession.
Article 35 Extension of Contract Term.
The Commonwealth reserves the right, upon notice to the Contractor, to extend the term of the
Contract for up to three (3) months upon the same terms and conditions.
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IN WITNESS WHEREOF, the DEPARTMENT has caused these presents to be executed and its
corporate seal affixed hereto and the PROFESSIONAL, if incorporated, has caused these presents to be executed in
a like manner, or if not incorporated, has set his hand and seal effective the day and year first above set out.
ATTEST: COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
By:
William A. McDade, Chief
Division of Contracts, Procurement and Bonding
Bureau of Office Services
Department of Environmental Protection
CORPORATE SEAL
PROFESSIONAL
ATTEST:
Title: Secretary/Treasurer Title: President/Vice President
Typed/Printed Name Typed/Printed Name
PROFESSIONAL Federal Identification
Number
APPROVED AS TO LEGALITY AND FORM: SAP Vendor No.
Office of Attorney General
Chief/Assistant Counsel
Department of Environmental Protection
APPROVED:
DOC#
Secretary, Office of Budget
I hereby certify that funds are available This commitment is contingent upon funds being
under Appropriations appropriated by the legislature for each succeeding fiscal
year (and federal funds being provided
to the Commonwealth for the contract purposes).
Comptroller
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GENERAL REQUIREMENTS
1.01 Character and Extent of Services:
The PROFESSIONAL shall furnish all work and services that the DEPARTMENT may request
from time to time and as directed, in writing, by the DEPARTMENT or its representative during the period
stated in Article 3 of the PROFESSIONAL DESIGN SERVICES AGREEMENT in connection with the
performance of technical services required for the aerial photography, surveying, mapping and compilations,
and map reproductions.
The PROFESSIONAL shall be responsible for all engineering, surveying, aerial photography
mapping and any other technical work necessary for the satisfactory completion of services requested by the
DEPARTMENT. The Professional Services for any given site shall include, but not be limited to the following:
A. GENERAL
The PROFESSIONAL shall make its own determinations as to the probable weather conditions,
character of the terrain, locations and elevations of available bench marks and triangulation
stations, extent to which aerial mapping methods will be used to augment ground topographic
survey data, and all data which might affect the work to be performed. The order of accuracy and
origin of stations used to establish both horizontal and vertical control shall be reported, in
writing, to the DEPARTMENT by the PROFESSIONAL prior to the initiation of establishing
control network in the field. All points of origin for control must be of proven third order
accuracy or better. The PROFESSIONAL shall obtain permission from landowners as necessary
to complete groundwork (such as baseline surveying, check sectioning, etc.) required to
satisfactorily complete the services requested in accordance with this AGREEMENT by the
DEPARTMENT. If available, landowner information will be provided to the PROFESSIONAL
upon request. If the PROFESSIONAL is denied permission from a landowner to complete
services or work in accordance with this AGREEMENT, the PROFESSIONAL shall notify the
DEPARTMENT immediately, by telephone, followed by a letter with details concerning the
denial. The DEPARTMENT will investigate the problem and advise the PROFESSIONAL on
how or when to proceed. At the completion and acceptance of the work, all negatives and
containers, all photographs, all diapositive plates, field notes, computation sheets, drawings, and
maps will become the property of the DEPARTMENT; and shall be delivered to the
DEPARTMENT.
Work not defined in this AGREEMENT shall be in accordance with the applicable section of the
latest edition of “REFERENCE GUIDE OUTLINE SPECIFICATIONS FOR AERIAL
SURVEYS AND MAPPING WORK BY PHOTOGRAMMETRIC METHODS FOR
HIGHWAYS” by the U.S. Department of Transportation.
ESTIMATES OF QUANTITIES: The preparation of estimates for work required for
contemplated projects.
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B. PHOTOGRAPHY
B-1. AERIAL PHOTOGRAPHY: Aerial photography shall be made at required altitude to
provide topographic maps at the scale specified. Exposures scale shall not exceed
1” = 600’ and shall be made at such times to minimize clouds, leaf coverage, cloud
shadows and shadows in the highwall areas, so that the mapping accuracy, as specified in
Paragraph “D-1” is satisfied. Any additional costs to supplement mapping accuracy, due
to dense vegetation or shadows, shall be at the sole expense of the PROFESSIONAL.
The exposed film shall be processed in accordance with the recommendations of the
manufacturer. Negatives shall be sharp in detail, of normal contrast, and free of light
streaks, static marks, stains or blemishes. All photographic strips shall be unbroken
flights and all flight lines shall be within five (5) degrees of parallel. Overlap in the line
of flight shall be sufficient to provide full stereoscopic coverage and side lap between
adjacent parallel strips shall not be less than 30 percent or more than 40 percent and any
negatives not within those limits may be rejected. Crabbing in excess of five (5) degrees,
as measured from the line of flight, will not be accepted. Tilt shall be kept to a minimum,
and in no case shall exceed five (5) degrees. Each exposure shall be marked just within
the exposed area with: the exposure number starting with number one and continuing the
numbering in consecutive order; the date the exposure was made; the approximate scale;
and the project number. Two (2) complete sets of nine inch by nine-inch (9” x 9”)
contact prints, with a copy of the flight report, shall be furnished by the PROFESSIONAL
for each flight level.
The PROFESSIONAL shall provide the DEPARTMENT with color, or black and white,
or infrared aerial photography, as required. The quality and procedures used in producing
the color, or black and white, or infra-red aerial photography shall be consistent with the
standards set forth above.
B-2. EQUIPMENT AND MATERIAL: All equipment and materials used shall be standard
products of manufacturers regularly engaged in the production of such items and
equipment and shall be adequate for the intended purpose. Film shall be nine (9) inches
in width and in spools of such lengths as may be necessary to permit unbroken flight
strips. Photographic paper shall be medium weight, semi-matte as required.
B-3. INDEXING: If requested by the DEPARTMENT, the PROFESSIONAL shall prepare an
index for each flight level by photo copying a stapled assemblage of single weight contact
semi-gloss prints of the aerial negatives. The prints shall be overlapped, as required, to
match images approximately. Before photo copying assembled prints, a stick-up white
rectangle should be placed on each print bearing in black the print number of such size as
to be easily read on the photo-index maps. Prior to completion of the work, the
PROFESSIONAL shall furnish the DEPARTMENT two copies of the aerial photo-index
on double weight, semi-matte paper.
B-4. PHOTOGRAPHS: Prior to completion and acceptance of the work, additional prints or
aerial photographs other than those required under Paragraph “B-1” may be required at
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the discretion of the DEPARTMENT. The PROFESSIONAL shall furnish either contact
prints or enlargements as required by the DEPARTMENT.
B-5. COLOR OBLIQUE PHOTOGRAPHS: The PROFESSIONAL shall provide color oblique
photographs for specific sites as may be directed by the DEPARTMENT. Exposures shall be
from a fixed camera and be made at such times as to exclude clouds and cloud shadows. The
exposed film shall be processed in accordance with the recommendations of the manufacturer.
The negatives shall be submitted along with the specified size photographs and shall be sharp in
detail, of normal contrast, and free of light streaks, static marks, stains or blemishes.
C. SURVEYING
C-1. FIELD SURVEYING: The PROFESSIONAL shall make a topographic survey, and
other survey work as may be directed by the DEPARTMENT. All ground controls,
existing and recoverable and established by the PROFESSIONAL under prior
DEPARTMENT projects, shall be utilized to the fullest practicable extent in the
execution of this AGREEMENT. Basic horizontal control shall be established by
traverse or triangulation of second or higher order of accuracy within the area specified
for topographic mapping. Coordinate values based on the Pennsylvania State Rectangular
System referenced to NAD 1983 Horizontal Datum, if required by the DEPARTMENT,
shall be assigned to all traverse or triangulation stations. All azimuths shall be reckoned
from grid north. Traverse or triangulation stations shall be permanently marked at
intervals of approximately one mile by permanent markers, the perimeter markers being
within 1/4 mile of the boundary of the area being mapped. The PROFESSIONAL shall
furnish suitable metal markers of 5/8 inch steel reinforcing bars 36 inches long with an
aluminum cap for identification. Identification on markers shall be “PA DEPARTMENT
of ENVIRONMENTAL PROTECTION” and “BUREAU of ABANDONED MINE
RECLAMATION” with ¼ inch letters “DEP” followed by the numerical number of
station. All markers shall be carefully referenced. In absence of suitable permanent
references, at least two of the same type markers, properly identified shall be used for
reference. Markers shall be set to full depth except in cultivated areas where they should
be 18 inches below ground surface. The basic vertical control shall be extended from
points of third or higher order accuracy, shall be of third order or higher accuracy and
shall refer to Mean Sea Level Datum of 1988. A minimum of six (6) control points and
shall be established in the fringe area of the mapping and shall be of the material
specified above for permanent markers. These control points shall be two (2) Baseline
end points, two (2) Baseline control points and two (2) Global Position System (GPS)
control points. One Baseline control point shall be placed in direct line or at an angle
from each Baseline end point. Each Baseline control point shall be placed at the
maximum clear site distance as possible away from the Baseline end point (one hundred
fifty feet minimum). The two (2) GPS control points shall be located in an area that is
clear from overhead obstructions and is readily accessible by a conventional two-wheel
drive vehicle. Elevations determined from basic control level lines shall be established
for all permanently marked traverse or triangulation stations. A minimum of four (4) spot
elevations per stereoscopic model, including any traverse or triangulation stations, shall
be determined and located within each area of the required mapping. Care shall be taken
OSM PA (MAP-15)
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to insure proper correlation between ground survey data and aerial survey data. All bench
marks shall be tied by three (3) reference points and have elevations and coordinates.
C-2. CONSTRUCTION BASELINE(S): The baseline(s), as shown on the aerial
photograph(s), shall be field surveyed and tied in to the photogrammetric field control.
C-3 SURVEY TEST PROFILES: The PROFESSIONAL shall field inspect and test the
contour maps for accuracy as required by the DEPARTMENT.
Accuracy tests shall usually be made by the test profile method, that is by measuring a
profile on the ground along a traverse staked anywhere within the mapped area and
comparing the test profile elevations so obtained with the profile elevations determined
from the map. The test profile(s) shall be done after completion of mapping. The
number of profiles shall be dependent on the size of the job. The actual lengths and
locations of the test profiles shall be determined by the DEPARTMENT. The profile
levels shall be measured from the map. The traverse shall be plotted accurately on the
map and a map profile measured therefrom for comparison with the ground measured
profile. Cultural features shall be surveyed from the traverse. Their positions shall be
compared to their map coordinate positions.
The traverse for the test profiles shall begin and close on station markers of horizontal
and vertical control established for the survey project. Lengths of the single traverse and
profile shall not be less than five (5) inches long at map scale, and have no less than
ten (10) contour crossings. The actual length of the traverse will be determined by the
DEPARTMENT. The closure of the traverse and test profile levels along it shall be to
third order accuracy or better. All stations on the test profile will be established as part of
the level line and not offset as rod shots.
Points of elevation on the map accuracy profile shall be at all ground breaks and not
further than every twenty-five (25) feet. The height of the instrument (H.I.) will be
changed and the instrument will be moved after each backsight and foresight in order to
insure that all points are integral parts of the level line.
In the event a comparison of the test profile measured on the ground and the profile
measured from the map indicates the map does not meet the accuracy specified, the
photogrammetric firm will be required to revise the rejected map to the specified
accuracy at its own expense within fifteen (15) days after notification of rejection.
Whenever inaccuracies occur on a map sheet, adjustments, corrections, and additions
shall be made to assure that the entire area of the sheet, as well as the locally tested
profiles, spots, and/or areas will comply with the specified accuracies. Local adjustment
of contours and other map detail to correct horizontal position, as determined by ground
survey tests, shall not constitute essential adjustment and/or correction.
Results of test profiles represented by plots of elevation versus distance for both the test
profile and the profile measured from the map, shall be forwarded to the DEPARTMENT
within forty-five (45) days of the DEPARTMENT’S request for test profiles.
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C-4. ADDITIONAL FIELD SURVEYING AND MAPPING: The PROFESSIONAL shall
provide additional field surveying (not required to accurately establish contours, profiles,
and elevations) which shall include but not be limited to property surveys, pond
soundings, stream cross-sections and stream profiles not included under other sections of
this AGREEMENT when requested by the DEPARTMENT.
D. MAPPING AND COMPILATION
D-1. MAPPING AND COMPILATION: The PROFESSIONAL shall compile topographic
maps of varying scales as specified by the DEPARTMENT from data obtained by ground
survey and supplemented by aerial survey data, using precision stereophotogrammetric
methods for plotting the aerial work of the areas specified. The error in relation between
map projection and the plotted position of any horizontal control point shall not exceed
.05 inch of their true position. All well-defined planimetric features such as road
intersections, towers, and centers of buildings shall be plotted within .02 inch of their true
positions and no feature shall be displaced more than .05 inch. The stream bed
elevations, all pipe and culvert inverts and such other survey data obtained by ground
survey methods shall be plotted on the topographic map. The contour interval shall be
two foot (2’) or as specified by the DEPARTMENT. Ninety percent (90%) of contours
and elevations of points interpolated from contours shall be accurate within one-half the
contour interval. The finished maps shall be on material specified below. Identify all
roads by name, Township, State or United States route numbers where they exist.
Drainage lines will be shown wherever defined by actual flow of water, and streams
identified by flow arrows and name when known. Bodies of water, buildings, structures
and wooded areas shall be accurately delineated by outlining boundaries. All contours
shall be shown by solid lines unless otherwise requested by the DEPARTMENT. Each
index contour line shall be labeled with the contour elevation without breaking the
contour polyline and the elevation labels shall be frequently spaced for convenient
reading. Areas of heavy foliage shall be denoted and outlined. Each map shall contain
the following unless otherwise directed by the DEPARTMENT in writing:
a. North arrow placed in upper right hand corner.
b. Grid lines spaced at 500 foot intervals in accordance with the Pennsylvania State
Rectangular System (NAD 1983 Datum).
c. Reference sketches of construction baseline data control points.
d. Bench mark data table with the corresponding coordinate information.
e. Plan scale bar.
f. Topography notes including: company name, aerial photography date, coordinate
system and elevations datum.
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g. Cultural features including but not limited to, equipment, pipes, culverts (with
inlet and outlet elevations), utility pole(s), fence lines, gas wells, power and
transmission lines, sidewalks and structures. Buildings shall be shown to scale.
h. Conventional symbols shall be used.
i. Title box shall extend across the bottom length of the drawing, oriented and titled
in accordance with the requirements of the DEPARTMENT. Each map shall be
numbered and shall bear match lines with the matching sheets shown thereon. All
final drawings shall be half-tone unless otherwise advised. An index of all sheets
shall be placed on the first sheet. An index sheet prepared to an appropriate scale
shall show the outline of the survey area, highways, and streams.
j. Final mylar drawings if required shall be on material capable of producing sharp,
clear prints. The quality and format shall be as determined by the
DEPARTMENT.
k. Drawing standards established by the Bureau of Abandoned Mine Reclamation.
Drawing standards will be provided to the PROFESSIONAL upon award of this
contract. Drawing standards may be modified by the DEPARTMENT during the
period of services covered by this agreement.
l. A paper copy of the final mapping shall be submitted to the DEPARTMENT
sealed by the appropriate Registered Professional.
D-2. USE OF PAMAP LiDAR: In areas where the topography to be mapped is obscured by
dense vegetation and/or ground cover limiting the precision of stereophotogrammetric
methods of mapping, and as approved by the DEPARTMENT, the PROFESSIONAL
shall utilize PAMAP LiDAR to aid in developing contours and elevations in these areas.
The PROFESSIONAL shall notify the Department in writing, where use of PAMAP
LiDAR is necessary to satisfy the requirements of this AGREEMENT. Such notification
shall be made within 14 calendar days (including mail time) from the date of
authorization. If it is necessary to use/substitute PAMAP LiDAR derived contours, the
PROFESSIONAL shall delineate these areas and note the substitution in the mapping.
Care shall be taken to ensure proper tie-ins where LiDAR derived contours meet the
topography compiled by the PROFESSIONAL.
D-3. MAP REPRODUCTION: If requested, the PROFESSIONAL shall provide reproduction,
reduction, or enlarging of maps, as specified by the DEPARTMENT.
D-4. AERIAL MOSAICS: Prior to completion and acceptance of the work, the PRO-
FESSIONAL shall furnish, if required by the DEPARTMENT, aerial mosaics of the areas
required for topographic mapping as specified in Paragraph “D-1”. Mosaics shall be of
the screen half-tone transparency type, sharp and clear in detail, and shall be to a scale as
specified by the DEPARTMENT. Each sheet shall have a title appropriately placed, and
shall be identified with the same number of the corresponding map(s).
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D-5. DIGITIZED MAPPING DATA: The PROFESSIONAL shall furnish digital mapping
data for each site on CD-ROM for use with AutoCAD Map 3D 2013 or latest version as
specified by the DEPARTMENT. Data shall be contained in an AutoCAD drawing file
(.DWG). Contour lines shall be continuous joined two dimensional polylines with
multiple vertices and shall not contain arcs. Drawings shall not be rotated off of the
original coordinate system.
D-6. FIELD SURVEY CONTROL DATA: Mapping and compilation materials submitted to
the DEPARTMENT, for each project, shall include an electronic and paper copy of the
field survey control report. The electronic copy should be furnished on CD-ROM in PDF
format. The control report submittal should include at a minimum:
a. A quad map showing the area mapped outlined.
b. Horizontal and vertical control summary.
c. A summary of monuments set.
d. A summary of monuments used.
e. GPS occupation logs.
f. Field notes copy on 8 ½” x 11”paper.
g. Original field books-attached to bound control report
E. PREVIOUSLY FLOWN PROJECTS
E-1. PREVIOUSLY FLOWN PROJECTS: If requested by the DEPARTMENT, project sites
previously flown and photographed by other PROFESSIONALS shall be surveyed and/or
mapped by the PROFESSIONAL in accordance with the applicable sections of this
AGREEMENT and paid for as per SCHEDULE “A” and SCHEDULE “B.”
E-2. MAPPING DEVELOPED FROM PREVIOUSLY FLOWN PROJECTS: In cases where
mapping is to be developed from aerial photography, which was performed or furnished
by other professionals (i.e. PA DOT), the PROFESSIONAL shall notify the Department
in writing, if such aerial photography is of such insufficient quality to satisfy the accuracy
and all other requirements of this AGREEMENT. Such notification shall be made within
14 calendar days (including mail time) from the date of authorization.
1.02 Location of Work:
The PROFESSIONAL shall perform services, as described in the AGREEMENT, within the
bituminous and anthracite coal fields of Pennsylvania, at the locations prescribed by the DEPARTMENT.
1.03 Period of Services:
The PROFESSIONAL shall be required to commence work under this AGREEMENT upon
receipt of specific work orders following the date of formal Notice to Proceed, and shall render the services as
described in Article 1 as such services are required by the needs of the DEPARTMENT and ordered by the
representative of the DEPARTMENT, for the period specified in Article 3 of the AGREEMENT.
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1.04 Payment:
Payment will be made at the end of each calendar month for acceptable work completed and for
services performed by the PROFESSIONAL upon submission of the original and one copy of proper invoices
and based on unit prices as shown on SCHEDULE “A”. No additional payment will be made for mapping costs
which exceed the unit costs per acre shown on SCHEDULE “B”. Payment will be made to the
PROFESSIONAL based on the requested amount of work. Any additional work, done by the
PROFESSIONAL, other than the amount requested, will be borne by the PROFESSIONAL.
1.05 Professional - Furnished Equipment:
A. The PROFESSIONAL shall furnish stereo and drafting equipment, transportation and
survey instruments and all equipment necessary to successfully perform the work.
B. The PROFESSIONAL shall furnish all materials needed to perform the work.
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EXHIBIT “A”
NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE
During the term of the Contract, the PROFESSIONAL agrees as follows:
1. In the hiring of any employee(s) for the manufacture of supplies, performance of work, or any
other activity required under the contract or any subcontract, the Contractor, each subcontractor, or any person
acting on behalf of the Contractor or subcontractor shall not discriminate in violation of the Pennsylvania
Human Relations Act (PHRA) and applicable federal laws against any citizen of this Commonwealth who is
qualified and available to perform the work to which the employment relates.
2. Neither the Contractor nor any subcontractor nor any person on their behalf shall in any manner
discriminate in violation of the PHRA and applicable federal laws against or intimidate any employee involved
in the manufacture of supplies, the performance of work, or any other activity required under the contract.
3. The Contractor and each subcontractor shall establish and maintain a written nondiscrimination
and sexual harassment policy and shall inform their employees of the policy. The policy must contain a
provision that sexual harassment will not be tolerated and employees who practice it will be disciplined.
Posting this Nondiscrimination/Sexual Harassment Clause conspicuously in easily-accessible and well-lighted
places customarily frequented by employees and at or near where the contract services are performed shall
satisfy this requirement.
4. The Contractor and each subcontractor shall not discriminate in violation of PHRA and
applicable federal laws against any subcontractor or supplier who is qualified to perform the work to which the
contract relates.
5. The Contractor and each subcontractor represents that it is presently in compliance with and will
maintain compliance with all applicable federal, state, and local laws and regulations relating to
nondiscrimination and sexual harassment. The Contractor and each subcontractor further represents that it has
filed a Standard Form 100 Employer Information Report (“EEO-1”) with the U.S. Equal Employment
Opportunity Commission (“EEOC”) and shall file an annual EEO-1 report with the EEOC as required for
employers subject to Title VII of the Civil Rights Act of 1964, as amended, that have 100 or more employees
and employers that have federal government contracts or first-tier subcontracts and have 50 or more employees.
The Contractor and each subcontractor shall, upon request and within the time periods requested by the
Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit
access to their books, records, and accounts by the contracting agency and the Bureau of Small Business
Opportunities (BSBO), for purpose of ascertaining compliance with provisions of this
Nondiscrimination/Sexual Harassment Clause.
6. The Contractor shall include the provisions of this Nondiscrimination/Sexual Harassment Clause
in every subcontract so that those provisions applicable to subcontractors will be binding upon each
subcontractor.
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7. The Contractor’s and each subcontractor’s obligations pursuant to these provisions are ongoing
from and after the effective date of the contract through the termination date thereof. Accordingly, the
Contractor and each subcontractor shall have an obligation to inform the Commonwealth if, at any time during
the term of the contract, it becomes aware of any actions or occurrences that would result in violation of these
provisions.
8. The Commonwealth may cancel or terminate the contract and all money due or to become due
under the contract may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual
Harassment Clause. In addition, the agency may proceed with debarment or suspension and may place the
Contractor in the Contractor Responsibility File.
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EXHIBIT “B”
PROFESSIONAL INTEGRITY PROVISIONS
All references to “Contractor” in this section shall be deemed to be applicable to the PROFESSIONAL.
It is essential that those who seek to contract with the Commonwealth of Pennsylvania (“Commonwealth”)
observe high standards of honesty and integrity. They must conduct themselves in a manner that fosters public
confidence in the integrity of the Commonwealth contracting and procurement process.
I. DEFINITIONS. For purposes of these Contractor Integrity Provisions, the following terms shall
have the meanings found in this Section:
A. “Affiliate” means two or more entities where (a) a parent entity owns more than fifty percent of
the voting stock of each of the entities; or (b) a common shareholder or group of shareholders
owns more than fifty percent of the voting stock of each of the entities; or (c) the entities have a
common proprietor or general partner.
B. “Consent” means written permission signed by a duly authorized officer or employee of the
Commonwealth, provided that where the material facts have been disclosed, in writing, by
prequalification, bid, proposal, or contractual terms, the Commonwealth shall be deemed to have
consented by virtue of the execution of this contract.
C. “Contractor” means the individual or entity, that has entered into this contract with the
Commonwealth, and “Contractor Related Parties” means any affiliates of the Contractor and the
Contractor’s executive officers, Pennsylvania officers and directors, or owners of 5% or more
interest in the Contractor
D. “Financial Interest” means either:
1) Ownership of more than a five percent interest in any business; or
2) Holding a position as an officer, director, trustee, partner, employee, or holding
any position of management.
E. “Gratuity” means tendering, giving, or providing anything of more than nominal monetary value
including, but not limited to, cash, travel, entertainment, gifts, meals, lodging, loans,
subscriptions, advances, deposits of money, services, employment, or contracts of any kind. The
exceptions set forth in the Governor’s Code of Conduct, Executive Order 1980-18, the 4 Pa.
Code §7.153(b), shall apply.
F. “Non-bid Basis” means a contract awarded or executed by the Commonwealth with Contractor
without seeking bids or proposals from any other potential bidder or offeror.
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II. In furtherance of this policy, Contractor agrees to the following:
A. Contractor shall maintain the highest standards of honesty and integrity during the performance
of this contract and shall take no action in violation of state or federal laws or regulations or any
other applicable laws or regulations, or other requirements applicable to Contractor or that
govern contracting or procurement with the Commonwealth.
B. Contractor shall establish and implement a written business integrity policy, which includes, at a
minimum, the requirements of these provisions as they relate to the Contractor activity with the
Commonwealth and Commonwealth employees and which is made known to all Contractor
employees. Posting these Contractor Integrity Provisions conspicuously in easily-accessible and
well-lighted places customarily frequented by employees and at or near where the contract
services are performed shall satisfy this requirement.
C. Contractor, its affiliates, agents, employees and anyone in privity with Contractor shall not
accept, agree to give, offer, confer, or agree to confer or promise to confer, directly or indirectly,
any gratuity or pecuniary benefit to any person, or to influence or attempt to influence any person
in violation of any federal or state law, regulation, executive order of the governor of
Pennsylvania, statement of policy, management directive or any other published standard of the
Commonwealth in connection with performance of work under this contract, except as provided
in this contract.
D. Contractor shall not have a financial interest in any other contractor, subcontractor, or supplier
providing services, labor, or material under this contract, unless the financial interest is disclosed
to the Commonwealth in writing and the Commonwealth consents to Contractor’s financial
interest prior to Commonwealth execution of the contract. Contractor shall disclose the financial
interest to the Commonwealth at the time of bid or proposal submission, or if no bids or
proposals are solicited, no later than Contractor’s submission of the contract signed by
Contractor.
E. Contractor certifies to the best of its knowledge and belief that within the last five (5) years
Contractor or Contractor Related Entities have not:
1) been indicted or convicted of a crime involving moral turpitude or business honesty or
integrity in any jurisdiction;
2) been suspended, debarred or otherwise disqualified from entering into any contract with
any governmental agency;
3) had any business license or professional license suspended or revoked;
4) had any sanction or finding of fact imposed as a result of a judicial or administrative
proceeding related to fraud, extortion, bribery, bid rigging, embezzlement,
misrepresentation or anti-trust; and
5) been, and is not currently, the subject of a criminal investigation by any federal, state or
local prosecuting or investigative agency and/or civil anti-trust investigation by any
federal, state or local prosecuting or investigative agency.
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If Contractor cannot so certify to the above, then it must submit along with its bid, proposal or
contract a written explanation of why such certification cannot be made and the Commonwealth
will determine whether a contract may be entered into with the Contractor. The Contractor’s
obligation pursuant to this certification is ongoing from and after the effective date of the
contract through the termination date thereof. Accordingly, the Contractor shall have an
obligation to immediately notify the Commonwealth in writing if at any time during the term of
the contract if becomes aware of any event which would cause the Contractor’s certification or
explanation to change. Contractor acknowledges that the Commonwealth may, in its sole
discretion, terminate the contract for cause if it learns that any of the certifications made herein
are currently false due to intervening factual circumstances or were false or should have been
known to be false when entering into the contract.
F. Contractor shall comply with the requirements of the Lobbying Disclosure Act (65 Pa.C.S.
§13A01 et seq.) regardless of the method of award. If this contract was awarded on a Non-bid
Basis, Contractor must also comply with the requirements of the Section 1641 of the
Pennsylvania Election Code (25 P.S. §3260a).
G. When Contractor has reason to believe that any breach of ethical standards as set forth in law, the
Governor’s Code of Conduct, or these Contractor Integrity Provisions has occurred or may occur,
including but not limited to contact by a Commonwealth officer or employee which, if acted
upon, would violate such ethical standards, Contractor shall immediately notify the
Commonwealth contracting officer or the Office of the State Inspector General in writing.
H. Contractor, by submission of its bid or proposal and/or execution of this contract and by the
submission of any bills, invoices or requests for payment pursuant to the contract, certifies and
represents that it has not violated any of these Contractor Integrity Provisions in connection with
the submission of the bid or proposal, during any contract negotiations or during the term of the
contract, to include any extensions thereof. Contractor shall immediately notify the
Commonwealth in writing of any actions for occurrences that would result in a violation of these
Contractor Integrity Provisions. Contractor agrees to reimburse the Commonwealth for the
reasonable costs of investigation incurred by the Office of the State Inspector General for
investigations of the Contractor’s compliance with the terms of this or any other agreement
between the Contractor and the Commonwealth that results in the suspension or debarment of the
Contractor. Contractor shall not be responsible for investigative costs for investigations that do
not result in the Contractor’s suspension or debarment.
I. Contractor shall cooperate with the Office of the State Inspector General in its investigation of
any alleged Commonwealth agency or employee breach of ethical standards and any alleged
Contractor non-compliance with these Contractor Integrity Provisions. Contractor agrees to
make identified Contractor employees available for interviews at reasonable times and places.
Contractor, upon the inquiry or request of an Inspector General, shall provide, or if appropriate,
make promptly available for inspection or copying, any information of any type or form deemed
relevant by the Office of the State Inspector General to Contractor's integrity and compliance
with these provisions. Such information may include, but shall not be limited to, Contractor's
business or financial records, documents or files of any type or form that refer to or concern this
contract. Contractor shall incorporate this paragraph in any agreement, contract or subcontract it
enters into in the course of the performance of this contract/agreement solely for the purpose of
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obtaining subcontractor compliance with this provision. The incorporation of this provision in a
subcontract shall not create privity of contract between the Commonwealth and any such
subcontractor, and no third party beneficiaries shall be created thereby.
J. For violation of any of these Contractor Integrity Provisions, the Commonwealth may terminate
this and any other contract with Contractor, claim liquidated damages in an amount equal to the
value of anything received in breach of these Provisions, claim damages for all additional costs
and expenses incurred in obtaining another contractor to complete performance under this
contract, and debar and suspend Contractor from doing business with the Commonwealth. These
rights and remedies are cumulative, and the use or non-use of any one shall not preclude the use
of all or any other. These rights and remedies are in addition to those the Commonwealth may
have under law, statute, regulation, or otherwise.
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EXHIBIT “C”
Certification Regarding**
Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions *
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 43 CFR Part
12, Section 12.510, Participants’ Responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). A copy of the regulations may be examined in the Construction Contracts Unit. For further assistance in obtaining a copy of the regulations, contact the U.S. Department of the Interior, Acquisition and Assistance Division, Office of Acquisition and Property Management, 18th and C Streets, N.W., Washington, D.C. 20240.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS BELOW) (1) The prospective lower tier participants certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name of Contractor Title of Authorized Representative (Typed or Printed)
Signature Date
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required, to check the Nonprocurement List (Telephone Number). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. * Because this project is to be funded in whole or in part by federal funds provided to the Commonwealth of Pennsylvania, contracts
entered into between Department of Environmental Protection and successful bidders are considered to be “Lower Tier Covered Transactions” and the bidders are required to execute this certificate.
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EXHIBIT “D”
U.S. Department of the Interior*
Certification Regarding Lobbying Form DI-1963 This certification is required by Section 1352, Title 31, U.S. Code, entitled “Limitation on use of appropriated funds to influence certain federal contracting and financial transactions.”
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS BELOW) Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certified, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature Date
Instructions for Certification 1. This certification and a disclosure form should be filed by each person as required, with each submission that initiates agency
consideration of such person for: (1) award of a Federal contract, grant, or cooperative agreement exceeding $100,000 or (2) an award of a Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000.
2. This certification and a disclosure form should be filed by each person as required, upon receipt by such person of (1) a federal
contract, grant, or cooperative agreement exceeding $100,000, or (2) a federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000, unless such person previously filed a certification, and a disclosure form, if required, at the time agency consideration was initiated.
3. Any person who requests or receives from a person referred to in paragraphs (1) and (2) above: (1) a subcontract exceeding
$100,000 at any tier under a federal contract; (2) a subgrant, contract, or subcontract exceeding $100,000 an any tier under a federal grant; (3) a contract or subcontract exceeding $100,000 at any tier under a federal loan exceeding $150,000, or; (4) a contract or subcontract exceeding $100,000 at any tier under a federal cooperative agreement, shall file a certification, and a disclosure form, as required, to the next tier above.
4. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the person referred to in
paragraphs (1) or (2) above. That person shall forward all disclosure forms to the appropriate bureau/office within the Department of the Interior.
5. Any certification or disclosure form filed under paragraph (4) above shall be treated as a material representation of fact upon
which all receiving tiers shall rely. All liability arising from an erroneous representation shall be borne solely by the tier filing that representation and shall not be shared by any tier to which the erroneous representation is forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification or disclosure, respectively. If a person fails to file a required certification or disclosure, the United States may pursue all available remedies, including those authorized by Section 1352, Title 31, U.S. Code.
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INSTRUCTIONS FOR COMPLETION OF SF LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient,
at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to
Title 31 U.S.C., Section 1352. The filing of a form is required for each payment or agreement to make payment
to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a
covered Federal action. Use the SF LLL-A Continuation Sheet for additional information if the space on the
form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to
the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material
change to the information previously reported, enter the year and quarter in which the change occurred.
Enter the date of the last previously submitted report by this reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is, or
expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants
and contract awards under grants.
5. If the organization filing the report in Item 4 checks “Subawardee,” then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
Item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned by
the Federal agency). Include prefixes, e.g., “RFP-DE-90-001”.
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in Item 4 or 5.
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10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the
reporting entity identified in Item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
from 10(a). Enter Last Name, First Name, and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4)
to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made
(planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of
payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind
contribution, specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be
expected to perform, and the date(s) of any services rendered. Include all preparatory and related
activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or
employee(s) contracted or the officer(s), employee(s), or Member(s) of Congress that were contacted.
15. Check whether or not a SF LLL-A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
Public reporting burden for this collection of information is estimated to average
30 minutes per response, including time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Send comments regarding the
burden estimate or any other aspect of this collection of information, including
suggestions for reducing this burden to the Office of Management and Budget,
Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
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APPENDIX “B”
DOMESTIC WORKFORCE UTILIZATION CERTIFICATION
To the extent permitted by the laws and treaties of the United States, each proposal will be scored for its commitment to use
the domestic workforce in the fulfillment of the contract. Maximum consideration will be given to those offerors who will
perform the contracted direct labor exclusively within the geographical boundaries of the United States or within the
geographical boundaries of a country that is a party to the World Trade Organization Government Procurement Agreement.
Those who propose to perform a portion of the direct labor outside of the United States and not within the geographical
boundaries of a party to the World Trade Organization Government Procurement Agreement will receive a correspondingly
smaller score for this criterion. In order to be eligible for any consideration for this criterion, offerors must complete and sign
the following certification. This certification will be included as a contractual obligation when the contract is executed.
Failure to complete and sign this certification will result in no consideration being given to the offeror for this criterion.
I, ______________________ [title] of ____________________________________ [name of Contractor] a
_______________ [place of incorporation] corporation or other legal entity, (“Contractor”) located at
_________________________________________________________ [address], having a Social Security or Federal
Identification Number of ________________________, do hereby certify and represent to the Commonwealth of
Pennsylvania ("Commonwealth") (Check one of the boxes below):
All of the direct labor performed within the scope of services under the contract will be performed exclusively
within the geographical boundaries of the United States or one of the following countries that is a party to the World
Trade Organization Government Procurement Agreement: Aruba, Austria, Belgium, Bulgaria, Canada, Chinese
Taipei, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary,
Iceland, Ireland, Israel, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxemburg, Malta, the Netherlands,
Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and the
United Kingdom
OR
________________ percent ( _____%) [Contractor must specify the percentage] of the direct labor
performed within the scope of services under the contract will be performed within the geographical boundaries of
the United States or within the geographical boundaries of one of the countries listed above that is a party to the
World Trade Organization Government Procurement Agreement. Please identify the direct labor performed under
the contract that will be performed outside the United States and not within the geographical boundaries of a party to
the World Trade Organization Government Procurement Agreement and identify the country where the direct labor
will be performed:
____________________________________________________________________________________________
____________________________________________________
________________________________________________________________________
[Use additional sheets if necessary]
The Department of General Services [or other purchasing agency] shall treat any misstatement as fraudulent concealment of
the true facts punishable under Section 4904 of the Pennsylvania Crimes Code, Title 18, of Pa. Consolidated Statutes.
Attest or Witness: ______________________________
Corporate or Legal Entity's Name
_____________________________ ______________________________
Signature/Date Signature/Date
_____________________________ ______________________________
Printed Name/Title Printed Name/Title
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APPENDIX “C”
SMALL DIVERSE BUSINESS
LETTER OF INTENT
[DATE] [SDB Contact Name Title SDB Company Name Address City, State, Zip]
Dear [SDB Contact Name]:
This letter serves as confirmation of the intent of [Offeror] to utilize [Small Diverse Business (SDB)] on
RFP [RFP number and Title] issued by the [Commonwealth agency name].
If [Offeror] is the successful vendor, [SDB] shall provide [identify the specific work, goods or services
the SDB will perform, and the specific timeframe during the term of the contract and any option/renewal
periods when the work, goods or services will be performed or provided].
These services represent [identify fixed numerical percentage commitment] of the total cost in the
[Offeror’s] cost submittal for the initial term of the contract. Dependent on final negotiated contract
pricing and actual contract usage or volume, it is expected that [SDB] will receive an estimated [identify
associated estimated dollar value that the fixed percentage commitment represents] during the initial
contract term.
[SDB] represents that it meets the small diverse business requirements set forth in the RFP and all
required documentation has been provided to [Offeror] for its SDB submission.
We look forward to the opportunity to serve the [Commonwealth agency name] on this project. If you
have any questions concerning our small diverse business commitment, please feel free to contact me at
the number below.
Sincerely, Acknowledged,
Offeror Name SDB Name
Title Title
Company Company
Phone number Phone number
OSM PA (MAP-15)
Page 35 of 41
APPENDIX “D”
Trade Secret/Confidential Proprietary Information Notice Instructions: The Commonwealth may not assert on behalf of a third party an exception to the public release of
materials that contain trade secrets or confidential proprietary information unless the materials are
accompanied, at the time they are submitted, by this form or a document containing similar information.
It is the responsibility of the party submitting this form to ensure that all statements and assertions made
below are legally defensible and accurate. The Commonwealth will not provide a submitting party any
advice with regard to trade secret law.
Name of submitting party:
Contact information for submitting party:
Please provide a brief overview of the materials that you are submitting (e.g. bid proposal, grant
application, technical schematics):
Please provide a brief explanation of why the materials are being submitted to the Commonwealth
(e.g. response to bid #12345, application for grant XYZ being offered by the Department of Health,
documents required to be submitted under law ABC)
OSM PA (MAP-15)
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Please provide a list detailing which portions of the material being submitted you believe
constitute a trade secret or confidential proprietary information, and please provide an
explanation of why you think those materials constitute a trade secret or confidential proprietary
information. Also, please mark the submitted material in such a way to allow a reviewer to easily
distinguish between the parts referenced below. (You may attach additional pages if needed)
Note: The following information will not be considered a trade secret or confidential proprietary
information:
Any information submitted as part of a vendor’s cost proposal
Information submitted as part of a vendor’s technical response that does not pertain to
specific business practices or product specification
Information submitted as part of a vendor’s technical or small diverse business response
that is otherwise publicly available or otherwise easily obtained
Information detailing the name, quantity, and price paid for any product or service being
purchased by the Commonwealth Page Number Description Explanation
OSM PA (MAP-15)
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Acknowledgment
The undersigned party hereby agrees that it has read and completed this form, and has marked the
material being submitted in accordance with the instructions above. The undersigned party
acknowledges that the Commonwealth is not liable for the use or disclosure of trade secret data or
confidential proprietary information that has not been clearly marked as such, and which was not
accompanied by a specific explanation included with this form.
The undersigned agrees to defend any action seeking release of the materials it believes to be trade secret
or confidential, and indemnify and hold harmless the Commonwealth, its agents and employees, from
any judgments awarded against the Commonwealth in favor of the party requesting the materials, and
any and all costs connected with that defense. This indemnification survives so long as the
Commonwealth has possession of the submitted material, and will apply to all costs unless and until the
undersigned provides a written statement or similar notice to the Commonwealth stating that it no longer
wishes to exempt the submitted material from public disclosure.
The undersigned acknowledges that the Commonwealth is required to keep all records for at least as
long as specified in its published records retention schedule.
The undersigned acknowledges that the Commonwealth reserves the right to reject the undersigned’s
claim of trade secret/confidential proprietary information if the Commonwealth determines that the
undersigned has not met the burden of establishing that the information constitutes a trade secret or is
confidential. The undersigned also acknowledges that if only a certain part of the submitted material is
found to constitute a trade secret or is confidential, the remainder of the submitted material will become
public; only the protected information will be removed and remain nonpublic.
If being submitted electronically, the undersigned agrees that the mark below is a valid electronic
signature.
Signature Title Date
OSM PA (MAP-15)
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APPENDIX E - PROPOSAL COVER SHEET
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF ABANDONED MINE RECLAMATION
RFP# OSM PA (MAP-15)
All references to Offeror shall mean the “Professional” for purposes of this Appendix.
Enclosed in three separately sealed submittals is the proposal of the Offeror identified below for
the above-referenced RFP:
Offeror Information:
Offeror Name
Offeror Mailing Address
Offeror Website
Offeror Contact Person
Contact Person’s Phone Number
Contact Person’s Facsimile Number
Contact Person’s E-Mail Address
Offeror Federal ID Number
Offeror SAP/SRM Vendor Number
Submittals Enclosed and Separately Sealed:
Technical Submittal
Small Diverse Business Participation Submittal
Cost Submittal
Signature
Signature of an official
authorized to bind the Offeror
to the provisions contained in
the Offeror’s proposal:
Printed Name
Title
FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM WITH THE OFFEROR’S
PROPOSAL MAY RESULT IN THE REJECTION OF THE OFFEROR’S PROPOSAL
OSM PA (MAP-15)
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SCHEDULE “A”
The fee schedule will be used for all projects.
Service Unit Unit Price
Engineer Hour - $ ________
Photogrammetrist Hour - $ ________
Stereo Compiler Hour - $ ________
Digitized Mapping Data Hour - $ ________
Cross Section Plotting Hour - $ ________
Photo Lab Technician Hour - $ ________
Draftsperson Hour - $ ________
3 Person Survey Crew *Hour - $ ________
2 Person Survey Crew *Hour - $ ________
1 Person Survey Crew *Hour - $ ________
Black and White Photography
First and Second Exposures **L.S. - $ ________
Additional Exposures **Each - $ ________
Duplicate Photographs Each - $ ________
Infra-red Photography
First and Second Exposures **L.S. - $ ________
Additional Exposures **Each - $ ________
Duplicate Photographs Each - $ ________
Color Oblique Photographs ***L.S. $ ________
Mylar Photographic Enlargements ****S.F. - $ ________
Yearly Increase (%) ________
* Includes travel, subsistence and lodging.
** Includes flying, paneling and all other costs to furnish two sets of contact prints.
*** Includes flying and all costs to furnish photographs.
**** Includes labor, equipment and materials costs.
OSM PA (MAP-15)
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SCHEDULE “B”
MAXIMUM FEE FOR MAPPING
Size of Project Unit Unit Cost
(Dollars)
1 Acre Project to 20 Acre Project L.S. $
21 Acre Project to 50 Acre Project Acre $
51 Acre Project to 100 Acre Project Acre $
101 Acre Project to 150 Acre Project Acre $
151 Acre Project to 200 Acre Project Acre $
All Projects Above 200 Acres Acre $
FEES FOR SURVEY TEST PROFILES
Length Unit Unit Cost
(Dollars)
1 ft. – 500 ft. Each $
501 ft. – 1000 ft. Each $
1001 ft. – 2000 ft. Each $
Over 2001 ft. Each $
NOTES:
1. The above maximum per acre cost includes all costs (including cost of construction baseline(s) and GPS
points to provide final mylar(s).
2. All costs for photographic products and services are not included.
3. A yearly increase is allowed in unit cost consistent with the yearly increase reflected by Schedule “A”.
OSM PA (MAP-15)
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MAXIMUM TURN AROUND TIME
SCHEDULE “C”
Size of Project
Submit Contact
Prints of Aerial
Photography
(Calendar Days)
Submit Blueline Manuscript
Mapping for
Number of Projects Authorized
at Any One Time
1 to 3
Projects
(Calendar
Days)
4 to 7
Projects
(Calendar
Days)
8 to 10
Projects
(Calendar
Days)
1 Acre Project to 20 Acre Project
21 Acre Project to 50 Acre Project
51 Acre Project to 100 Acre Project
101 Acre Project to 150 Acre Project
151 Acre Project to 200 Acre Project
All Projects Above 200 Acres
NOTES:
1. Turnaround time includes mail time but excludes days of justifiable bad weather conditions that
affect the work.
2. Final mylar mapping, if requested by the DEPARTMENT, shall be submitted within 25 calendar
days (including mail time) from the date of authorization.