Commonwealth of Pennsylvania - DOC by v1jQ0W3u

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									BRC-GPM05-Dev, Rev. 12-10

                                           Commonwealth of Pennsylvania
                                   Department of Conservation and Natural Resources
                                        Bureau of Recreation and Conservation

                            Community Conservation Partnerships Program (C2P2)
                                          Development Projects

                  Small Community (SC) Development Projects
                        Contracts for "Materials Only”

      Preparation of Final Construction Drawings
                  and Specifications
We stress the importance of good design and construction practices throughout your project for
completion of safe and functional facilities. The Municipal Grantee assumes liability for all work in
this project and can best protect itself by using design, construction techniques, and materials that are
in accordance with accepted standards for the work to be completed.


INSTRUCTIONS – The following document outlines the various phases for completing a development
project. These phases include the preparation of final construction drawings and specifications (bid
documents), advertising for bids, awarding of contract(s), execution of purchase orders (Piggyback
Purchasing Program/COSTARS), and the start of construction. Comments relative to project design
and land use made by the Bureau in the Design Approval Letter are to be incorporated into the Bid
Documents.

For development projects, the Design Consultant(s) who prepares the construction drawings and
specifications must be experienced in the area(s) necessary and be of the appropriate design discipline
required for the proposed development project. The Bureau requires that all construction drawings and
specifications be under the seal of a licensed professional who is authorized by Pennsylvania law to
apply the seal. Depending on the nature of the project, the professional could be a landscape
architect, an architect, or an engineer.

Documentation with a letter of transmittal shall be sent directly to the Department of Conservation and
Natural Resources, Bureau of Recreation and Conservation: If sending by USPS, send to P.O. Box
8475, Harrisburg, PA 17105-8475. If sending by UPS/FedEx, send to Rachel Carson State Office
Building, 400 Market Street, 6th Floor, Harrisburg, PA 17101-2301.


I.       CONSTRUCTION DRAWINGS – Shall be prepared with the primary objective of clearly
         and concisely describing the work to be done in order to achieve the proposed design. Legally,
         these drawings, along with the specifications, stipulate the specific materials and services to be
         supplied for the Material contract price. Consistent terminology should be used in relating
         work on the drawings to specifications and cost estimates, as well as in other bid documents,
         such as agreements and advertisements.
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       A.     Basic Site and Design Data - Must be provided in accordance with the complexity of
              your project. Drawings must incorporate sufficient data in plan views, existing and
              proposed elevations, sections, and construction details for clarity to bidders, and for
              constructors, and should present, as completely as possible, a graphic description of the
              project, including details of dimensions, materials, and methods of construction in as
              legible a manner as possible. Information on these drawings must be clearly
              coordinated with the specifications.

       B.     Drawings - May need to show existing and proposed utilities and services, such as
              water, sewage, storm water, electric, and gas, including locations, sizes, depths,
              material, condition, and rights-of-way or easements with conditions of same, if they
              may be affected by the project.

       C.     Professional Registration Seal of the appropriate design professional (landscape
              architect, architect, or engineer) shall appear on each drawing sheet for all work on the
              project.


II.    MATERIAL SPECIFICATIONS – Are required to establish a concise and complete
       description of qualities necessary for products to meet acceptable purchase requirements of the
       Municipality. A vendor’s goods and services shall meet or exceed specification requirements
       before they are considered for purchase. Specifications may be in the form of written
       descriptions, drawings, commercial designations, industry standards, or other descriptive
       references.

       Guideline specifications have been prepared by the various design and planning
       professional societies and are flexible enough to be adapted to most projects.

       In addition, the use of standard specifications is encouraged, whenever possible. Many
       manufacturers have developed, and are willing to supply, standard specifications for their
       products. If you wish to use them, you should request specifications from several
       manufacturers and select the best one that meets your Municipality’s needs for the project.


III.   PRICE QUOTATION PROPOSAL AND/OR BIDDING DOCUMENTS – Shall be
       prepared by the Design Consultant in consultation with the Grantee and Municipal Solicitor. It
       is ultimately the responsibility of the Solicitor to verify the legal conformance and
       adequacy of all documents and procedures required for the Municipal Grantee to meet local
       government ordinances and applicable laws of the Commonwealth and Federal government.
       The Grantee, in consultation with the Municipal Solicitor, should consider the Total Cost of
       Materials to determine the proper purchasing procedures to be followed.




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      Municipal Grantees shall not evade provisions for advertising for bids by purchasing or
      contracting for services or personal properties piecemeal for the purpose of obtaining
      prices under $10,000 upon transactions, which transactions should, in the exercise of
      reasonable discretion and prudence, be conducted as one transaction amounting to more than
      $10,000. This provision in municipal codes is intended to make unlawful the evading of
      advertising requirements by making a series of purchases or contracts each for less than the
      advertising requirement, or by making several simultaneous purchases or contracts each below
      said price, when in either case, the transactions involved should have been made as one
      transaction for one price.

      Based on these provisions, the Total Cost of Materials should determine the proper purchasing
      procedures to be followed for your project. Price quotation proposals and/or bidding
      documents include:

      A.     Specifications – For total materials in excess of $4,000, specifications shall be prepared
             by the Municipal Grantee and/or Consultant prior to securing price quotations and/or
             bidding. (See Section II, Material Specifications)

      B.     Price Quotation/Bid Form – A written price quotation form for total Material
             purchases between $4,000 and $10,000 or a bid form for total Material purchases
             over $10,000 shall be prepared by the Municipal Grantee and/or Consultant for
             securing materials for your project. The form shall include a concise and complete
             description of each material item to be purchased and request the unit price and total
             price, date of the price quotation or bid, the name and/or signature of the
             contractor/vendor, and the contractor’s/vendor’s representative.

             For total material purchases between $4,000 and $10,000, written price quotations or
             written records of telephonic price quotations are required to be retained by the
             Municipal Grantee and made available for inspection to DCNR upon request.

      C.     Contract Agreement (Letter) – A written agreement between the successful
             Contractor/Vendor and the Municipal Grantee must be fully executed (signed by both
             Contractor/Vendor and Municipal Grantee) prior to delivery of materials. In all
             cases, all Contract Agreements shall be dated, clearly state the scope of work
             (materials to be purchased), list the contract amount, and include any other special
             conditions unique to completion of the contract or adherence to applicable local,
             state, and federal laws and regulations. All agreements must be maintained by the
             Municipal Grantee and made available for inspection to DCNR upon request.


IV.   SECURING PRICE QUOTATIONS AND/OR PUBLIC ADVERTISING AND BIDDING
      – All contracts and material purchases are governed by both state laws and local government
      codes. Local municipal code(s) also regulate the conditions and schedules for both securing
      price quotations and public advertising for bids. Basic requirements which must be met are as
      follows:

      A.     The Grantee, in consultation with the Municipal Solicitor, should consider the Total
             Cost of Materials for the project to determine the proper purchasing procedures to be
             followed.

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B.   Non-Bid Purchases – Total Material purchases under $4,000 that do not require bidding
     must be competitively secured and be documented with two or more price quotations.
     Purchase orders, invoices, and cancelled checks will be required for all material
     purchases to document their eligibility for reimbursement. All purchase orders and
     invoices must clearly indicate the materials purchased and directly correspond with the
     cancelled checks. All checks shall be made payable to the Contractors/Vendors.
     All purchase orders, invoices, and cancelled checks must be made available for
     inspection to DCNR upon request.

C.   Non-Bid Purchases or Contracts – Total Material purchases between $4,000 and
     $10,000 must be secured by written or documented telephonic price quotations
     from at least three qualified and responsible vendors/contractors in accordance
     with the appropriate municipal code. In lieu of three price quotations, a
     memorandum shall be kept on file showing that fewer than three qualified
     vendors/contractors exist in the market area within which it is practicable to obtain price
     quotations.

     A copy of the Material Specifications (quality and quantity specs) must be retained by
     the Municipal Grantee and made available for inspection to DCNR upon request. Upon
     approval of the price quotation(s) by the Municipal Grantee, awarded contracts must be
     documented with the following data and must be retained by the Municipal Grantee:

     1.     A copy of the price quotation(s) received.
     2.     Executed Contract (letter) Agreement(s).
     3.     Performance Bond or other acceptable form of financial security approved by
            the Municipal Grantee in accordance with the appropriate municipal code and
            the Public Works Contractors’ Bond Law of 1967. (See Section V, Performance
            Bonds)

D.   Bid Purchases – Total Material purchases over $10,000 must be publicly bid
     according to the appropriate municipal code.

     A copy of the detailed Material Specifications must be retained by the Municipal
     Grantee and made available for inspection to DCNR upon request. Upon approval of the
     bids by the Municipal Grantee, awarded contracts must be documented with the
     following data and retained by the Municipal Grantee:

     1.     Tabulation of the Bid proposal(s).
     2.     Copy of the low bid(s) to be awarded.
     3.     Executed Contract Agreements.
     4.     Performance Bond or other acceptable form of financial security approved by
            the Municipal Grantee in accordance with the appropriate municipal code and
            the Public Works Contractors’ Bond Law of 1967 (See Section V, Performance
            Bonds).

     Negotiated contracts and material purchases of $10,000 or more are not allowed unless
     a minimum of two valid attempts at public advertising resulted in the receipt of no bid
     proposals.


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      E.     Addendums/Bulletins – Shall be issued to document and incorporate changes to the
             material specifications during the advertising and bidding period. The Addendum or
             Project Bulletin shall be issued to all bidding contractors so that each will receive the
             same information. Addendums/Bulletins become a legal part of the bidding documents.
             Signed copies shall accompany all bid proposals. Oral information shall not be given to
             bidders on matters of such changes.


V.    PERFORMANCE BONDS –

      The following are the bonding requirements for securing price quotations, bid purchases, and
      contracts:

      A.     Municipal Grantees must comply with their appropriate Municipal Code requirements
             for bid bonds and performance bonds.

      B.     CONTRACTS OVER $10,000 – For contracts over $10,000, the Public Works
             Contractors’ Bond Law of 1967 (8 P.S. 193; 1967 P.L. 869, No. 385, as amended) takes
             precedence over the municipal code. All Municipal Grantees must require a
             Performance Bond in an amount equal to 100% of the contract award price.

             All bonds must be secured from an agency or firm approved by the
             Commonwealth’s Department of Insurance to do business in Pennsylvania.

      C.     All bonds can be substituted with any financial security, acceptable to and approved by
             the Municipal Grantee, including, but not limited to, Federal or Commonwealth
             chartered lending institution irrevocable letters of credit and restrictive or escrow
             accounts in such lending institutions equal to 100% of the contract award price (Act 171
             of 1991, 8 P.S. 193; 1967 P.L. 869 No. 385).


VI.   COSTARS PROGRAM – Department of General Services (DGS): (For Recreational and
      Fitness Equipment Only) (Replaces the Cooperative (Piggyback) Purchasing Program)

      COSTARS is a service provided by the Department of General Services (DGS) for Local
      Public Procurement Units with the Commonwealth of Pennsylvania, as established by Section
      1902 of Act 57 on May 15, 1998, as amended by Act 142 of December 3, 2002, 62 Pa. C.S.
      Section 1902, and Act 77 of July 15, 2004, 62 Pa C.S. Sections 1902 and 2107. These acts
      authorize Local Public Procurement Units to participate in those contracts for supplies and
      services made available by the Department of General Services.

      Local Procurement Units are defined as, but not limited to, any political subdivision, public
      authority, and to the extent provided by law, any other entity, including a council of
      government, that expends public funds for the procurement of supplies and services.

      DGS awards a variety of commodity contracts, including “COSTARS”- 14 Recreational &
      Fitness Equipment. Any local procurement unit may purchase items on this contract without
      competitive bidding through the COSTARS Program offered by DGS in accordance with Act
      57 of 1998 as amended. The contract includes, but is not limited to, such items as gymnastic,
      athletic, recreation, and playground equipment.
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To obtain information and documentation that outlines the basic rules and procedures for the
COSTARS Program, contact Barbara Cain at (717) 783-6941 or 1-866-768-7827. The
Municipal Grantee may elect to use their homepage at http://www.dgs.state.pa.us/costars.
Municipal Grantees are eligible to register online.

Should the Municipal Grantee choose to purchase items through the COSTARS Program, the
Municipal Grantee must comply with the following minimum requirements established by
DGS. DCNR requires that the Municipal Grantee maintain this documentation on file and
make it available to DCNR for inspection upon request.

A.     Register to be a COSTARS member online at http://www.dgs.state.pa.us/costars or via
       the toll free number at 1-866-768-7827.

B.     Request and obtain a copy of “COSTARS”- 14 Recreational & Fitness Equipment
       from DGS.

C.     Make a copy of the signed and executed Purchase Order(s) and provide a copy to
       DCNR in order to approve costs.

D.     Purchase Orders including the ancillary service of installation must verify, on the order,
       compliance with the other applicable laws and regulations in this section. A separate
       agreement may be needed between the Contractor (supplier) and the purchaser for this
       ancillary service.

       1. Types of Ancillary Services – A Contractor (manufacturer) may choose to offer
          ancillary services in conjunction with products it provides to the Purchaser. The
          following is a sample of these services:

             Customization – such as modification to the contract item to meet Purchaser
              specific requirements.
             Extended Warranty
             Post Warranty Support and Maintenance Service
             Training
             Special Delivery
             Installation

          Note: The only Ancillary services eligible for DCNR funding are customization and
          installation.

       2. Applicable Laws and Regulations for Ancillary Services – If the Contractor
          (Manufacturer) offers the ancillary service of installation, you may be required to
          comply with other applicable laws and regulations. We strongly recommend that
          you get a written opinion from your Solicitor on which applicable laws and
          regulations you need to comply with before accepting installation as an
          ancillary service.




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               The following applicable laws may govern and impact the acceptance of installation
               as an ancillary service. The Solicitor may choose to note any additional
               requirements on the Certification of Compliance with Bid Requirements form to be
               provided to DCNR.
               a) Applicable Municipal Codes – (See Section III) Note, for example, that
                  inclusion of installation services will likely require a specific form of
                  competitive solicitation, such as an Invitation for Bids (IFB), rather than what is
                  normally understood as “negotiation” (private discussions with self-selected
                  vendors).
               b) Public Works Contractor’s Bond Law           of 1967, as amended – (See Section
                  III) If you choose to accept installation    as an ancillary service, you may be
                  required to have the contractor provide      certain types of bonding, such as a
                  Performance Bond, Labor and Material         Payment Bond, and/or Maintenance
                  Bond.
               c) Prevailing Wages – (See Section IV) Pennsylvania prevailing wage rates are
                  required if the total project cost is in excess of $25,000. Therefore, if the
                  purchase of equipment and the ancillary service of installation exceed $25,000,
                  prevailing wage rates may apply.


VII.   OTHER APPLICABLE LAWS AND REGULATIONS –

       A.   Professional Registration Laws – The Department requires professional registration
            seals of the appropriate design professional (landscape architect, architect, or engineer)
            to appear on all drawings prepared for a project, including the installation of
            playgrounds. The appropriate design professional is required to design the project in
            order to safeguard life, health, or property, and to promote the general welfare of the
            public.

       B.   Pennsylvania Construction Code Act – Construction must comply with the Act of
            November 10, 1999 (P.L. 491, No. 45), known as the Pennsylvania Construction Code Act
            (35 P.S. Sections 7210.101 et seq.), as implemented by Department of Labor and Industry
            regulations, 34 Pa. Code Chapters 401, 403, and 405. Please note that, as of December
            2006, Pennsylvania's statewide building code will be referred to as the Uniform
            Construction Code (UCC). The codes currently in use under the UCC are the 2009
            International Codes issued by the International Code Council. Please refer to the UCC
            regulations and statues in relation to the design and development of public buildings,
            indoor facilities and park facilities.

       C.   Architectural Barriers Act of 1968 and Section 504 of the Rehabilitation Act of
            1973; PA Act 235 of 1965, as amended, Universal Accessibility Act, and the
            Americans with Disabilities Act (ADA) of 1990, as amended – Construction of any
            new facilities built, renovated, or acquired by the Municipal Grantee with DCNR
            funding must comply with these regulations. The 2010 ADA Standards for Accessible
            Design (2010 Standards) are available at the US Department of Justice website at
            http://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm.            Technical
            assistance can be provided by the United States Access Board at www.access-board.gov.

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        D.     For other materials being purchased via a State Contract, such as stone or asphalt,
               Municipal Grantees must comply with the requirements of the DGS – Cooperative
               (Piggyback) Purchasing Program.


VIII.   OTHER STATE/COUNTY/LOCAL AGENCY REVIEWS – May be required. Depending on
        the nature of the proposed development, the construction drawings and specifications will have to
        be submitted to several other agencies of the Commonwealth for their review and approval prior to
        starting work.
        It is the sole responsibility of the Municipal Grantee and the Consultant to make such submissions
        and obtain these other State/County/Local Agency approvals. Reviews may be required and
        approvals or permits from, but not limited to, the following:

        A.     Department of Environmental Protection
        B.     Department of Labor and Industry
        C.     Department of Transportation
        D.     Historical and Museum Commission
        E.     County Conservation District

        For Pennsylvania Natural Diversity Inventory (PNDI) Survey results, further review may be
        required by the following:

        A.     Department of Conservation and Natural Resources
        B.     Fish and Boat Commission
        C.     Game Commission
        D.     US Fish and Wildlife Service




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